Environmental Planning and Assessment Act 1979 BANKSTOWN LOCAL ENVIRONMENTAL PLAN 2001 - Made under the Environmental Planning and Assessment Act 1979 - As at 1 October 2011 - Reg 298 of 2002 TABLE OF PROVISIONS TABLE OF PROVISIONS PART 1 - PRELIMINARY 1. Name of plan 2. Objectives of this plan 3. Land where this plan applies 4. Effect of this plan on other environmental planning instruments 5. Consent authority 6. Definitions 7. Covenants PART 2 - GENERAL ZONING CONTROLS 8. Zones in this plan 9. Exempt development 10. Complying development 11. Development which is allowed or prohibited within a zone 12. Additional discretion to grant consent PART 3 - SPECIAL PROVISIONS 13. Other development which requires consent 14. Development by public authorities 15. Roads, drainage, open space etc PART 4 - OTHER SPECIAL PROVISIONS 16. General objectives of these special provisions 17. General environmental considerations 18. Environmentally significant land 19. Ecologically sustainable development 20. Trees 21. Development adjacent to water bodies 22. Acid sulfate soils 23. Development adjacent to residential zones 24. Airports 25. Outdoor advertising 26. Flood liable land 27. Landfill 28. Temporary development 29. Land classified or reclassified as operational land 30. Floor space ratios 31. Pet boarding 32. Access for people with disabilities 33. Brothels 34. Land acquisition 35. Use of land before or after it is acquired 36. Use of land within Zone 7 before it is acquired 36A. Special requirements for particular sites 36B. Development of land at 80 Miller Road, Villawood 36C. Development along arterial roads PART 5 - HERITAGE 37. Heritage items 38. Development in the vicinity of heritage items 39. Heritage advertisements and notifications 40. (Repealed) 41. Heritage conservation incentives 42. Development of known or potential archaeological sites PART 6 - RURAL ZONE 43. Objectives of the Rural zone PART 7 - RESIDENTIAL ZONES 44. Objectives of the residential zones 45. General restrictions on development 46. Core residential development standards 47. Isolation of allotments PART 8 - BUSINESS ZONES 48. Objectives of the Business zones 49. Restricted premises 50. Restrictions on certain development 50A. Development in Zone 3 (c) PART 9 - INDUSTRIAL ZONES 51. Objectives of the Industrial zones 52. Development in the Industrial zones 53. Bulky goods salesrooms or showrooms 54. Development of certain land at Greenacre 54A. Development of certain land at Padstow PART 10 - SPECIAL USES ZONE 55. Objectives of the Special Uses zone 56. Railway land PART 11 - OPEN SPACE ZONES 57. Objectives of the Open Space zones 58. Floodway PART 12 - ENVIRONMENT PROTECTION ZONE 59. Objectives of the Environment Protection zone PART 13 - NATIONAL PARKS AND NATURE RESERVES ZONE 60. Objectives of the National Parks and Nature Reserves zone PART 14 - REVESBY URBAN VILLAGE 61. Aims of Part 62. Land to which this Part applies 63. Application of Part 64. Development of Revesby Urban Village 65. Development standards PART 15 - POTTS HILL RESERVOIRS SITE Division 1 - Preliminary 66. Application of Part 67. Interpretation 68. Relationship with other environmental planning instruments 69. Maps Division 2 - Provisions applying to development within Potts Hill Reservoirs site 70. Land use zones 71. Objectives of land use zones to be taken into account 72. Zone R2 Low Density Residential 73. Zone R3 Medium Density Residential 74. Zone B7 Business Park 75. Zone RE1 Public Recreation 76. Temporary use of land 77. Height of buildings 78. Floor space ratio 79. Exceptions to development standards 80. Infrastructure development and use of existing buildings of the Crown 81. Controls relating to miscellaneous permissible uses 82. Savings provision relating to pending applications SCHEDULE 1 SCHEDULE 2 SCHEDULE 3 SCHEDULE 4 SCHEDULE 5 SCHEDULE 6 SCHEDULE 7 SCHEDULE 8 SCHEDULE 9 SCHEDULE 10 BANKSTOWN LOCAL ENVIRONMENTAL PLAN 2001 - REG 1 Name of plan 1 Name of plan This plan is Bankstown Local Environmental Plan 2001. BANKSTOWN LOCAL ENVIRONMENTAL PLAN 2001 - REG 2 Objectives of this plan 2 Objectives of this plan The objectives of this plan are: (a) to regulate development in accordance with the following principles: (i) new buildings should be designed to achieve: (A) good urban design, and (B) public and private safety, and (C) energy and resource efficiency, and (ii) remnant bushland, natural watercourses and threatened species should be protected, and (iii) intensive trip generating activities should be concentrated in locations most accessible to rail transport, and (iv) new development should not diminish the role of the Bankstown central business district (CBD) as a sub-regional centre, and (v) new development in or affecting residential areas should be compatible with the prevailing suburban character and amenity of the locality of the development site, and (b) to provide a framework within which the Council may prepare development control plans to make more detailed provisions. BANKSTOWN LOCAL ENVIRONMENTAL PLAN 2001 - REG 3 Land where this plan applies 3 Land where this plan applies This plan applies to all land within the City of Bankstown. BANKSTOWN LOCAL ENVIRONMENTAL PLAN 2001 - REG 4 Effect of this plan on other environmental planning instruments 4 Effect of this plan on other environmental planning instruments (1) This plan repeals all deemed environmental planning instruments and local environmental plans applying to land within the City of Bankstown immediately before the appointed day. (2) However, environmental planning instruments as in force immediately before the appointed day continue to apply to a development application if: (a) the application was made but had not been finally determined before the appointed day, and (b) the proposed development is prohibited by provisions of this plan but could, with consent, have been carried out in accordance with those instruments as so in force. Note: Clause 4 (3), as exhibited, is "deferred matter". (3) State Environmental Planning Policy No 4—Development Without Consent and Miscellaneous Complying Development is amended by inserting at the end of Schedule 1: Clause 22 of Bankstown Local Environmental Plan 2001 BANKSTOWN LOCAL ENVIRONMENTAL PLAN 2001 - REG 5 Consent authority 5 Consent authority The Council is the consent authority for the purposes of this plan, subject to the Act. BANKSTOWN LOCAL ENVIRONMENTAL PLAN 2001 - REG 6 Definitions 6 Definitions (1) Except insofar as the context or subject-matter otherwise indicates or requires, the expressions used in this plan (or in a particular provision of this plan) which are defined in the Dictionary in Schedule 1 to this plan have the meanings set out in that Dictionary. (2) In this plan: (a) a reference to a building, work or place used for a purpose includes a reference to a building, work or place proposed to be used for the purpose, and (b) a reference to a map is a reference to a map kept in the office of the Council. (3) The table of contents of this plan and any explanatory notes do not form part of this plan. BANKSTOWN LOCAL ENVIRONMENTAL PLAN 2001 - REG 7 Covenants 7 Covenants (1) For the purpose of enabling development to be carried out in accordance with this plan (as in force at the time the development is carried out) or in accordance with a consent granted under the Act, the operation of any covenant, agreement or similar instrument that purports to restrict or prohibit the carrying out of development on land to which this plan applies, to the extent necessary to serve that purpose, does not apply to any such development. (2) Nothing in subclause (1) affects the rights or interests of any public authority under any registered instrument. (3) In accordance with section 28 of the Act, the Governor approved of subclauses (1) and (2) before this plan was made. BANKSTOWN LOCAL ENVIRONMENTAL PLAN 2001 - REG 8 Zones in this plan 8 Zones in this plan (1) The following lists each zone within which land to which this plan applies may be situated: 1—Rural 2 (a)—Residential A 2 (b)—Residential B 3 (a)—Business—CBD 3 (b)—Business—Other Centres 3 (c)—Business—Enterprise 4 (a)—General Industrial 4 (b)—Light Industrial 5—Special Uses 6 (a)—Open Space 6 (b)—Private Recreation 7—Environment Protection (Conservation) 8—National Parks and Nature Reserves (2) Land is within a zone if it is indicated on the map: (a) in the case of a coloured map, by the colour indicated on the map as relating to that zone, or (b) in the case of a black and white representation of the map, by the number of the zone. BANKSTOWN LOCAL ENVIRONMENTAL PLAN 2001 - REG 9 Exempt development 9 Exempt development (1) Development of minimal environmental impact is exempt development if it is included in Schedule 1 to Part D1 of DCP 2005 and: (a) it is development that may otherwise be carried out with development consent under this plan, and (b) it complies with the development standards and other requirements specified for it in Part D1 of DCP 2005, and (c) it is not located on or within a heritage item or within the curtilage of a heritage item identified in this or any other environmental planning instrument or in a development control plan applying to the land, and (d) it is not in an area identified in this or any other environmental planning instrument or in a development control plan applying to the land as land that is bushfire prone, flood liable, contaminated, subject to subsidence, slip, erosion or acid sulfate soil, and (e) it has the relevant approval, where it will be carried out within a zone of influence for a public sewer main, and (f) it has the relevant approval, where it will be carried out on the site of an easement, and (g) it has the relevant approval, where it will involve removal of any native or exotic trees in excess of 3 metres in height, and (h) it is not to be carried out on land in Zone 6 (a) that is designated as a floodway on the map, and (i) it will not be carried out on land that is critical habitat (as defined in the Threatened Species Conservation Act 1995 or the Fisheries Management Act 1994) or land that is or is part of a wilderness area (within the meaning of the Wilderness Act 1987), and (j) it is not designated development or integrated development. Further, it is not development consent that requires the concurrence of the Director-General of National Parks and Wildlife, and (k) it will not be carried out on land to which an order under the Heritage Act 1977 applies, and (l) it is not to be carried out in Zone 7 or on land otherwise identified in a development control plan as environmentally significant land, and (m) it does not cause interference with the amenity of the neighbourhood because of the emission of noise, vibration or smell, and (n) it does not contravene a condition of a development consent which still applies to the land on which it will be carried out, and (o) it complies with any deemed-to-satisfy provisions of the Building Code of Australia relevant to the development, and (p) it is not to be carried out on land identified on maps held by the Council and entitled Habitat for Threatened Species, and (q) it is not to be carried out in or within 40 metres of a natural water body or wildlife corridor, and (r) it will not result in significant alterations to the existing drainage regime, and (s) it is not a "potentially hazardous industry" or "potentially offensive industry" under State Environmental Planning Policy No 33—Hazardous and Offensive Development, and (t) it does not require development consent under a regional environmental plan or a State environmental planning policy. (2) In this clause: "DCP 2005" means Bankstown Development Control Plan 2005, as adopted by the Council on 21 December 2005. BANKSTOWN LOCAL ENVIRONMENTAL PLAN 2001 - REG 10 Complying development 10 Complying development (1) Development is complying development if it is included in Schedule 2 to Part D1 of DCP 2005 and: (a) it is development that may otherwise be carried out with development consent on the land, and (b) it complies with the development standards and other requirements specified for it in Part D1 of DCP 2005, and (c) it is not carried out in an area identified in this or any other environmental planning instrument or in a development control plan applying to the land as land that is bushfire prone, flood liable, contaminated, subject to subsidence, slip, erosion or acid sulfate soil, and (d) it is not located on or within a heritage item or within the curtilage of a heritage item identified in this or any other environmental planning instrument or in a development control plan applying to the land, and (e) it has the relevant approval, where it will be carried out within a zone of influence for a public sewer main, and (f) it has the relevant approval, where it will be carried out on the site of an easement, and (g) it has the relevant approval, where it will involve removal of any tree, and (h) it is not on land that is critical habitat (as defined in the Threatened Species Conservation Act 1995 or the Fisheries Management Act 1994) or land that is or is part of a wilderness area (within the meaning of the Wilderness Act 1987), and (i) it is not designated development or development for which consent cannot be granted except with the concurrence of a person other than the Council or the Director-General of National Parks and Wildlife, and (j) it will not be carried out on land to which an order under the Heritage Act 1977 applies, and (k) it is not to be carried out on land in Zone 7, or on land otherwise identified in a development control plan as environmentally significant land, or on land zoned for open space or arterial roads, and (l) it does not contravene a condition of a previous development consent which still applies to the land on which it will be carried out, and (m) it complies with any deemed-to-satisfy provisions of the Building Code of Australia relevant to the development, and (n) it is not to be carried out on land identified on maps held by the Council and entitled Habitat for Threatened Species, and (o) it is not to be carried out within a natural water body or wildlife corridor, and (p) it will not result in significant alterations to the existing drainage regime, and (q) it is not a "potentially hazardous industry" or "potentially offensive industry" under State Environmental Planning Policy No 33—Hazardous and Offensive Development, and (r) it does not require development consent under a regional environmental plan or a State environmental planning policy. (2) A complying development certificate issued for any such development is to be subject to the conditions for the development specified in Schedule 3 to Part D1 of DCP 2005. (3) In this clause: "DCP 2005" means Bankstown Development Control Plan 2005, as adopted by the Council on 21 December 2005. BANKSTOWN LOCAL ENVIRONMENTAL PLAN 2001 - REG 11 Development which is allowed or prohibited within a zone 11 Development which is allowed or prohibited within a zone (1) Unless otherwise provided by this plan (such as by the exempt development provisions in clause 9), the Table to this clause specifies for each zone the development that may be carried out only with consent, where “✓” is shown corresponding to that development. (2) Subject to other provisions of this plan (and clause 12 in particular), development referred to in the Table to this clause is prohibited in a zone if “✓” is not shown corresponding to that development. (3) The consent authority may grant consent to development only if it has had regard to: (a) the general objectives of this plan, and (b) the objectives of the zone in which it is proposed to be carried out, and (c) the other provisions of this plan. (4) Development may be carried out on land within Zone 7 only with development consent and only if the development is in accordance with a plan of management for the land adopted by the Council. (5) Any development authorised by or under the National Parks and Wildlife Act 1974 may be carried out on land within Zone 8 without development consent. Table ______________________________________________________________________________________ |____________________| |Development | | | | |Special|Open | |for the |Rural|Residential|Business|Industrial|Uses |Space| |__________________________________________________________________| | |1 |2 (a) |2 (b) |3 (a) |3 (b) |3 (c)|4 |4 |5 |6 |6 | |______________________________________________________________________________________| |______________________________________________________________________________________| |Amusement | | | |✓ |✓ | | | | | | | |______________________________________________________________________________________| |Animal | | | | | | | | | | | | |boarding or |✓ | | | | | | | | | | | |training | | | | | | | | | | | | |______________________________________________________________________________________| |Bed and | | | | | | | | | | | | |breakfast | |✓ |✓ | | | | | | | | | |______________________________________________________________________________________| |Boarding- | | |✓ |✓ |✓ | | | | | | | |______________________________________________________________________________________| |______________________________________________________________________________________| |Bulky goods | | | |✓ | | | | | | | | |______________________________________________________________________________________| |Bulky goods | | | | | | | | | | | | |salesrooms or | | | |✓ |✓ |✓ |✓|✓| | | | |______________________________________________________________________________________| |Business | | | |✓ |✓ |✓ | | | | | | |______________________________________________________________________________________| |______________________________________________________________________________________| |______________________________________________________________________________________| |Centre based | | | | | | | | | | | | |child care | |✓ |✓ |✓ |✓ |✓ |✓|✓|✓| | | |______________________________________________________________________________________| |Communications|✓ | | |✓ |✓ |✓ |✓|✓|✓|✓|✓| |______________________________________________________________________________________| |Community | |✓ |✓ |✓ |✓ |✓ |✓|✓|✓|✓|✓| |______________________________________________________________________________________| |Convenience | | | |✓ |✓ |✓ |✓|✓| | | | |______________________________________________________________________________________| |______________________________________________________________________________________| |______________________________________________________________________________________| |Dual | |✓ |✓ |✓ |✓ | | | | | | | |______________________________________________________________________________________| |Dwelling |✓ |✓ |✓ |✓ |✓ | | | | | | | |______________________________________________________________________________________| |Educational | |✓ |✓ |✓ |✓ | | | |✓| | | |______________________________________________________________________________________| |Entertainment | | | |✓ |✓ |✓ | | | | | | |______________________________________________________________________________________| |Entertainment | | | |✓ |✓ |✓ |✓| | | | | |______________________________________________________________________________________| |Extractive |✓ | | | | | | | | | | | |______________________________________________________________________________________| |Family day | |✓ |✓ |✓ |✓ | | | | | | | |______________________________________________________________________________________| |______________________________________________________________________________________| |Generating | | | | | | |✓|✓| | | | |______________________________________________________________________________________| |Hazardous | | | | | | | | | | | | |______________________________________________________________________________________| |Hazardous | | | | | | | | | | | | |storage | | | | | | | | | | | | |______________________________________________________________________________________| |Health | | | | | | | | | | | | |consulting | |✓ |✓ |✓ |✓ |✓ |✓|✓| | | | |______________________________________________________________________________________| |Helicopter | | | |✓ | | |✓| |✓|✓|✓| |______________________________________________________________________________________| |______________________________________________________________________________________| |High-tech | | | | | |✓ | | | | | | |______________________________________________________________________________________| |Highway | | | | | | | | | | | | |service | | | | |✓ |✓ |✓| | | | | |______________________________________________________________________________________| |Home based | | | | | | | | | | | | |child care | |✓ |✓ | | | | | | | | | |______________________________________________________________________________________| |Home |✓ |✓ |✓ |✓ |✓ | | | | | | | |______________________________________________________________________________________| |______________________________________________________________________________________| |______________________________________________________________________________________| |______________________________________________________________________________________| |Housing for | | | | | | | | | | | | |older people | |✓ |✓ |✓ |✓ | | | |✓| | | |or people with| | | | | | | | | | | | |______________________________________________________________________________________| |______________________________________________________________________________________| |______________________________________________________________________________________| |______________________________________________________________________________________| |______________________________________________________________________________________| |Light | | | | | | |✓|✓| | | | |______________________________________________________________________________________| |______________________________________________________________________________________| |Materials | | | | | | | | | | | | |recycling | | | | | | |✓| | | | | |______________________________________________________________________________________| |Medical | | | |✓ |✓ |✓ |✓|✓| | | | |______________________________________________________________________________________| |______________________________________________________________________________________| |______________________________________________________________________________________| |Motor | | | |✓ |✓ |✓ |✓|✓| | | | |______________________________________________________________________________________| |Offensive | | | | | | | | | | | | |______________________________________________________________________________________| |Offensive | | | | | | | | | | | | |storage | | | | | | | | | | | | |______________________________________________________________________________________| |Office | | | |✓ |✓ |✓ |✓|✓| | | | |______________________________________________________________________________________| |Passenger | | | | | | | | | | | | |transport | | | |✓ |✓ |✓ |✓|✓| | | | |______________________________________________________________________________________| |Places of | |✓ |✓ |✓ |✓ |✓ |✓|✓| | | | |______________________________________________________________________________________| |______________________________________________________________________________________| |Public | |✓ |✓ |✓ |✓ |✓ |✓|✓|✓| | | |______________________________________________________________________________________| |Recreation |✓ |✓ |✓ |✓ |✓ |✓ |✓|✓|✓|✓|✓| |______________________________________________________________________________________| |Recreation |✓ | | |✓ |✓ |✓ |✓|✓| |✓|✓| |______________________________________________________________________________________| |Registered | | | |✓ |✓ |✓ |✓|✓| | |✓| |______________________________________________________________________________________| |Research | | | |✓ |✓ |✓ |✓|✓| | | | |______________________________________________________________________________________| |Residential | | |✓ |✓ |✓ | | | | | | | |______________________________________________________________________________________| |______________________________________________________________________________________| |Restricted | | | |✓ | | | | | | | | |______________________________________________________________________________________| |Retail plant | | | |✓ |✓ |✓ |✓|✓| | | | |______________________________________________________________________________________| |Roadside | | | | | | | | | | | | |______________________________________________________________________________________| |Road transport| | | | | | |✓| | | | | |______________________________________________________________________________________| |______________________________________________________________________________________| |______________________________________________________________________________________| |Serviced | | |✓ |✓ |✓ | | | | | | | |______________________________________________________________________________________| |Service | | | |✓ |✓ |✓ |✓|✓| | | | |______________________________________________________________________________________| |______________________________________________________________________________________| |Transport | | | | | | |✓| | | | | |______________________________________________________________________________________| |Utility |✓ |✓ |✓ |✓ |✓ |✓ |✓|✓|✓|✓|✓| |______________________________________________________________________________________| |Vehicle body | | | | | | | | | | | | |repair | | | | | | |✓|✓| | | | |______________________________________________________________________________________| |Vehicle repair| | | |✓ |✓ |✓ |✓|✓| | | | |______________________________________________________________________________________| |______________________________________________________________________________________| |Warehouses or | | | | | | | | | | | | |distribution | | | | |✓ |✓ |✓|✓| | | | |______________________________________________________________________________________| |______________________________________________________________________________________| BANKSTOWN LOCAL ENVIRONMENTAL PLAN 2001 - REG 12 Additional discretion to grant consent 12 Additional discretion to grant consent (1) Despite clause 11, but otherwise subject to this plan, the consent authority may grant consent to development that: (a) is not included in the Table to clause 11, or (b) would be prohibited by the Table to clause 11 in the absence of this clause. (2) The consent authority may grant consent pursuant to this clause only where it is satisfied that the proposed development: (a) is of a nature (whether by reason of its design, scale, manner of operation or otherwise) that would, in the absence of this clause, justify an amendment to this plan in order to permit the particular development, and (b) is not inconsistent with the objectives of the zone in which the development site is situated, and (c) is not inconsistent with the provisions of any other environmental planning instrument, and (d) will not have an adverse effect on other land in the vicinity. (3) Development under this clause is advertised development within the meaning of the Act. BANKSTOWN LOCAL ENVIRONMENTAL PLAN 2001 - REG 13 Other development which requires consent 13 Other development which requires consent (1) Subdivision Land to which this plan applies may be subdivided, but only with consent. However, unless required by Part 5, consent is not required for a subdivision for the purpose of: (a) widening a public road, or (b) making a minor adjustment to a boundary between allotments, being an adjustment that does not involve the creation of an additional allotment, or (c) rectifying an encroachment on an allotment, or (d) creating a public reserve, or (e) excising from an allotment land which is, or is intended to be, used for public purposes, including drainage purposes, bushfire brigade or other rescue service purposes or public conveniences. (2) Flood liable land Development may be carried out on flood liable land only with consent. (3) Domestic satellite dishes Domestic satellite dishes may be erected in Zone 2 (a) or 2 (b) only with consent. (4) Development on unzoned land Development on land not included in a zone on the map may be carried out only with consent. Consent may be granted only for the carrying out of development that may be carried out in a zone adjoining the land concerned. (5) Special Uses zone Development (including ordinarily ancillary or incidental development) may be carried out only with consent on land within Zone 5 for the purpose of the land use indicated for the land by lettering on the map. If there is no lettering shown on the map for land within Zone 5, the only development that may be carried out on such land is the development identified for that zone in the Table to clause 11 as being allowed with consent. (6) Sandwich shops in Zones 4 (a) and 4 (b) Development for the purpose of a sandwich shop may be carried out only with consent on land within Zone 4 (a) or 4 (b) that is not within 90 metres of an arterial road. (7) Demolition Except as otherwise provided by this plan, a building or work must not be demolished without consent. Consent for demolition of a building or work is not required where that demolition is necessary to carry out development which is allowed by a development consent. (8) Additional uses Despite any other provision of this plan, with the consent of the consent authority: (a) development may be carried out on land specified in Schedule 2 for the purpose of a building, work, place or land use specified in that Schedule in relation to that land, and (b) land specified in Schedule 2 may be subdivided, if subdivision is specified in that Schedule in relation to that land, subject to such conditions, if any, as may be so specified. (9) Stables Development for the purpose of stables may be carried out with development consent on land at Condell Park within Zone 2 (a) that is bounded by Railway Parade, Edgar Street, Yanderra Street, and the prolongation of the rear boundaries of land on the western side of Ellis Street. (10) Wharves Development for the purpose of pontoons, jetties, piers, berths or moorings may be carried out on land adjoining a waterway, but only with consent. (11) Council land Despite any other provision of this plan, the consent authority may grant consent to development on land within Zone 5 or 6 (a) that is owned by the Council if the development is nominated for that land in a plan of management prepared by the Council. (12) Existing shops in residential zones Where a building on land within Zone 2 (a) or 2 (b) has been constructed as a shop prior to the appointed day and, in the opinion of the consent authority: (a) it is not suitable on physical or economic grounds for conversion to or replacement by a residential use, and (b) the proposed use will not adversely affect the amenity of the locality, the consent authority may consent to the use of the building or part of the building for a shop or similar land use. Nothing in this clause allows additions or extensions to the non- residential part of a building referred to in this clause. (13) Recycling Where demolition of a building or work is being carried out on land pursuant to a consent, the recycling of the demolished materials may be carried out on the land but only if development consent for the purpose of recycling such material on the land is first obtained. (14) Gaming machines Note: This provision is "deferred matter" under the Act. BANKSTOWN LOCAL ENVIRONMENTAL PLAN 2001 - REG 14 Development by public authorities 14 Development by public authorities The following are allowed on land without consent: (a) the use of existing buildings of the Crown by the Crown, and (b) development or activities specified in Schedule 3. BANKSTOWN LOCAL ENVIRONMENTAL PLAN 2001 - REG 15 Roads, drainage, open space etc 15 Roads, drainage, open space etc (1) Development by the Council for the purpose of roads, drainage, open space, landscaping, gardening, bushfire hazard reduction, flood mitigation, car parking, pollution control devices or cycleways, including ordinarily ancillary or incidental development, may be carried out on any land (other than land within Zone 7) without development consent. (2) Development referred to in subclause (1) by a person other than the Council or on land within Zone 7 requires development consent, unless it is exempt development. (3) Despite subclause (2), development for the purpose of bushfire hazard reduction may be carried out on land within Zone 8 by or on behalf of the National Parks and Wildlife Service without development consent. BANKSTOWN LOCAL ENVIRONMENTAL PLAN 2001 - REG 16 General objectives of these special provisions 16 General objectives of these special provisions The general objectives of this Part are: (a) to minimise the impact of development on the environment, and (b) to preserve trees and remnant bushland and to protect ecosystems, and (c) to ensure that development is carried out in a manner that reflects constraints associated with flooding, acid sulfate soils, aircraft noise and the like, and (d) to provide for the acquisition and use of land reserved for a public purpose, and (e) to improve water quality in the Georges River Catchment area by better managing the quality and quantity of stormwater run-off, and (f) to regulate specific types of development. BANKSTOWN LOCAL ENVIRONMENTAL PLAN 2001 - REG 17 General environmental considerations 17 General environmental considerations (1) This clause applies to development which is likely to have a significant environmental impact by way of clearing of vegetation, alteration of the natural land form or the potential for air, water or ground pollution. (2) Before granting consent for development to which this clause applies, the consent authority must take into consideration such of the following matters as are relevant to the circumstances of the proposed development: (a) the impact of that development on: (i) flora and fauna, including threatened species, and (ii) water quality of surface water bodies and ground water, and (iii) any catchment management strategy applying to the land, and (b) the reduction of stormwater run-off by minimising the area of impervious surfaces, increasing infiltration and the use of rainwater tanks. BANKSTOWN LOCAL ENVIRONMENTAL PLAN 2001 - REG 18 Environmentally significant land 18 Environmentally significant land (1) This clause applies to land identified in a development control plan as “Environmentally Significant Land—Bushland, Waterways and Corridors” which is referred to in this clause as "environmentally significant land". (2) The objectives for environmentally significant land are: (a) to generally minimise the impact of development on this land, and (b) to protect and preserve important areas of fauna habitat or remnant bushland, and (c) to minimise fragmentation and disturbance to remnant bushland, and (d) to protect and improve watercourses, including their riparian buffer area, and (e) to minimise loss of water quality, bank disturbance and loss of riparian vegetation, and (f) to maintain, and enhance where possible, the interconnections between areas of native vegetation which act as corridors for native fauna, and (g) to rehabilitate areas of potential corridor value. (3) Before granting consent for development on land to which this clause applies, the consent authority must be satisfied that the proposed development is consistent with such of the objectives set out in subclause (2) as are relevant to the circumstances of the application. (4) When granting such a consent, the consent authority may impose conditions on the extent or scale of a proposed development so that it better satisfies the objectives set out in subclause (2). BANKSTOWN LOCAL ENVIRONMENTAL PLAN 2001 - REG 19 Ecologically sustainable development 19 Ecologically sustainable development Before granting consent for development, the consent authority must have regard to the following principles of ecologically sustainable development, to the extent it considers them relevant to the proposed development: (a) the conservation of energy and natural resources, particularly water and soil, and (b) the avoidance of environmentally damaging materials, and (c) the avoidance of significant adverse impact on the natural environment, particularly areas of remnant vegetation, watercourses and native flora and fauna, and (d) waste avoidance and waste minimisation, and (e) encouraging the use of public transport. BANKSTOWN LOCAL ENVIRONMENTAL PLAN 2001 - REG 20 Trees 20 Trees (1) The Council may, by resolution, make, revoke or amend a tree preservation order. (2) A person must not carry out or permit or direct or cause any ringbarking, cutting down, topping, lopping, poisoning, removing or wilful destruction of any tree or trees to which a tree preservation order applies except in accordance with development consent, a permit issued by the Council or otherwise in accordance with the tree preservation order. (3) This clause does not apply in respect of: (a) trees within a State forest, or within a timber or forest reserve, within the meaning of the Forestry Act 1916, or (b) trees in a national park, within the meaning of the National Parks and Wildlife Act 1974, or (c) action required or authorised by or under any Act, or (d) plants declared to be noxious weeds under the Noxious Weeds Act 1993. (4) A tree preservation order and any revocation or amendment of such an order does not have effect until it has been published in a newspaper circulating in the Bankstown City local government area. BANKSTOWN LOCAL ENVIRONMENTAL PLAN 2001 - REG 21 Development adjacent to water bodies 21 Development adjacent to water bodies (1) The Council may determine a foreshore building line on land adjoining a water body. (2) The erection of a building other than: (a) a marina, or (b) single storey boat sheds, or (c) below ground swimming pools, or (d) structures at or below ground level, or (e) wharves or jetties, is prohibited between a foreshore building line and the adjacent water body. (3) Development must not be carried out within 40 metres of a water body except with development consent. (4) In determining a development application permitted by subclause (2) or required by subclause (3), the consent authority must take into consideration the likely impact of that development on the waterway, including the impact on: (a) water quality, and (b) bank stability, and (c) quantity and quality of water flows, and (d) aquatic biota, and (e) riparian vegetation. BANKSTOWN LOCAL ENVIRONMENTAL PLAN 2001 - REG 22 Acid sulfate soils 22 Acid sulfate soils (1) Consent usually required A person must not, without development consent, carry out works described in the following Table on land of the class specified for those works, except as provided by subclause (3). Table ___________________________________________________________________ |Class of land as shown on Acid|Works | |___________________________________________________________________| |___________________________________________________________________| | |Works below the natural ground | |2 |surface | | |Works by which the watertable is | |___________________________________________________________________| | |Works beyond 1 metre below the | | |natural ground surface | |3 |Works by which the watertable is | | |likely to be lowered beyond 1 metre | |___________________________________________________________________| | |Works beyond 2 metres below the | | |natural ground surface | |4 |Works by which the watertable is | | |likely to be lowered beyond 2 metres| |___________________________________________________________________| | |Works within 500 metres of adjacent | | |Class 1, 2, 3 or 4 land which are | |5 |likely to lower the watertable below| | |1 metre AHD on adjacent Class 1, 2, | |___________________________________________________________________| (2) For the purposes of the Table to subclause (1), "works" includes: (a) any disturbance of soil of a minor nature (such as occurs in carrying out agriculture, the construction or maintenance of drains, extractive industries, dredging, the construction of artificial water bodies (including canals, dams and detention basins) or foundations, or flood mitigation works), or (b) any other works that are likely to lower the watertable. (3) Exception following preliminary assessment This clause does not require consent for the carrying out of those works if: (a) a copy of a preliminary assessment of the proposed works undertaken in accordance with the Acid Sulfate Soils Assessment Guidelines has been given to the consent authority, and (b) the consent authority has given written advice to the person carrying out the works confirming that results of the preliminary assessment indicated the proposed works need not be carried out pursuant to an acid sulfate soils management plan prepared in accordance with the Acid Sulfate Soils Assessment Guidelines. (4) Considerations for consent authority The consent authority must not grant a consent required by this clause unless it has considered: (a) the adequacy of an acid sulfate soils management plan prepared for the proposed development in accordance with the Acid Sulfate Soils Assessment Guidelines, and (b) the likelihood of the proposed development resulting in the discharge of acid water, and (5) Public authorities not excepted This clause requires consent for development to be carried out by councils, county councils or drainage unions despite: (a) clauses 14 and 15 of, and item 2 of Schedule 3 to, this plan, (b) clause 10 of State Environmental Planning Policy No 4—Development Without Consent and Miscellaneous Complying Development. BANKSTOWN LOCAL ENVIRONMENTAL PLAN 2001 - REG 23 Development adjacent to residential zones 23 Development adjacent to residential zones In determining a development application that relates to land in a zone other than Zone 2 (a) or 2 (b) adjoining land in Zone 2 (a) or 2 (b), the consent authority must take into consideration the following matters: (a) whether any proposed building is compatible with the height, scale, siting and character of existing residential development within the adjoining residential zone, (b) whether any goods, plant, equipment and other material used in carrying out the proposed development will be stored or suitably screened from residential development, (c) whether the proposed development will maintain reasonable solar access to residential development between the hours of 9 am and 3 pm during the winter solstice, (d) whether noise generation from fixed sources or motor vehicles associated with the proposed development will be effectively insulated or otherwise minimised, (e) whether the proposed development will otherwise cause nuisance to residents, by way of hours of operation, traffic movement, parking, headlight glare, security lighting, fumes, gases, smoke, dust or odours, or the like, (f) whether any windows or balconies facing residential areas will be treated to avoid overlooking of private yard space or windows in residences. BANKSTOWN LOCAL ENVIRONMENTAL PLAN 2001 - REG 24 Airports 24 Airports (1) In determining an application for consent to development on land in the vicinity of Bankstown Airport, the consent authority must consider: (a) the impact of the airport on the development to which the application relates in terms of Australian noise exposure forecasts, and (b) the obstacle limitation surface plan for the airport completed by the operator of the airport. (2) In regard to Bankstown Airport: (a) a dwelling (other than a dwelling house) may be erected on land in the vicinity of the airport where the ANEF is between 20 and 25 only if the dwelling meets Australian Standard AS 2021—2000, Acoustics—Aircraft noise intrusion—Building siting and construction regarding interior noise levels, and (b) a dwelling house or housing for older people or people with a disability must not be erected on land in the vicinity of the airport where the ANEF exceeds 25 unless the Council is satisfied that the nature of occupation or internal noise attenuation measures enable reasonable amenity for the occupants, and (c) development for the purpose of dual occupancy, villas or rowhouses is prohibited on land in the vicinity of the airport where the ANEF exceeds 25, and (d) a hotel, motel, office premises or a public building may be erected on land where the ANEF for the airport is above 25 only if the building meets Australian Standard AS 2021—2000, Acoustics-Aircraft noise intrusion—Building siting and construction regarding interior noise levels. (3) In this clause: "ANEF" means Australian Noise Exposure Forecast as endorsed by Airservices Australia on 26 November 2004 and kept in the office of the Council. BANKSTOWN LOCAL ENVIRONMENTAL PLAN 2001 - REG 25 Outdoor advertising 25 Outdoor advertising (1) Despite clause 11 but subject to this clause, development for the purpose of an advertisement may be carried out on land within any zone, other than Zone 7, with the consent of the consent authority, unless it is exempt development. (2) Consent may be granted pursuant to subclause (1) only if the advertisement is: (a) a business identification sign, or (b) for the purpose of directing the travelling public to a specific tourist facility or place of scientific, historic or scenic interest in the Bankstown City local government area, or (c) advertising on a sportsground that is consistent with a plan of management. (3) The consent authority may adopt a development control plan for the purpose of recommending the type and size of an advertisement that may be erected or displayed under this clause. (4) The display of an advertisement on a stationary motor vehicle, trailer or the like, on land other than a public road, is prohibited. (5) In this clause, "business identification sign" means an advertisement that displays any or all of the following information relating to the place or premises to which it is fixed: (a) the identity or a description of the place or premises, (b) the identity or a description of any person residing or carrying on an occupation at the place or premises, (c) particulars of any occupation carried on at the place or premises, (d) such directions or cautions as are usual or necessary relating to the place or premises or any occupation carried on there, (e) particulars or notifications required or permitted to be displayed by or under any State or Commonwealth Act, (f) particulars relating to the goods, commodities or services dealt with or provided at the place or premises, (g) particulars of any activities held or to be held at the place or premises, (h) a reference to an affiliation with a trade, professional or other association relevant to the business conducted at the place or premises. BANKSTOWN LOCAL ENVIRONMENTAL PLAN 2001 - REG 26 Flood liable land 26 Flood liable land Before determining an application for consent to carry out development on flood liable land, the consent authority must consider the provisions of any relevant development control plan and the requirements of any floodplain development manual published by a public authority that the Council considers relevant to the assessment of the development. BANKSTOWN LOCAL ENVIRONMENTAL PLAN 2001 - REG 27 Landfill 27 Landfill Consent for the placing of landfill may be granted only if the consent authority is satisfied that: (a) the landfill is required for the reasonable economic use of the land on which it takes place or for the provision of utility services, and (b) there would be no adverse impact by the landfill on: (i) a water body, or (ii) private or public property, or (iii) ground water quality and resources, or (iv) stormwater drainage, or (v) flooding. BANKSTOWN LOCAL ENVIRONMENTAL PLAN 2001 - REG 28 Temporary development 28 Temporary development (1) Any development, not being designated development, may, despite any other provision of this plan, be carried out on any land (other than land comprising or containing a heritage item) with consent, for such period of not more than 6 months as may be determined by the consent authority. (2) Development referred to in subclause (1) may be carried out only if, in the opinion of the consent authority: (a) it is not inconsistent with the objectives of this plan or the objectives of the zone in which the land concerned is situated, and (b) it would not generate an excessive demand for public services, and (c) it would be compatible with the character and amenity of the locality in which it would be carried out in terms of: (i) its design, height and siting, and (ii) its operation, and (iii) traffic generation and car parking, and (iv) noise, light, dust and odour nuisance, and (v) privacy, and (vi) stormwater drainage, and (vii) hours of operation, and (viii) overshadowing, and (d) it would not be inconsistent with any current consent applying to the land, and (e) in the case of land within Zone 7, or environmentally significant land, it would not detrimentally impact on the environmental values of the land. BANKSTOWN LOCAL ENVIRONMENTAL PLAN 2001 - REG 29 Land classified or reclassified as operational land 29 Land classified or reclassified as operational land (1) The public land described in Schedule 4 is classified, or reclassified, as operational land for the purposes of the Local Government Act 1993. (2) In accordance with section 30 of the Local Government Act 1993, a parcel of 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 on the commencement of the relevant amending plan and, by the operation of that plan, is discharged from any trusts, estates, interests, dedications, conditions, restrictions and covenants affecting the land or any part of the land, except for: (aa) those trusts, estates, interests, dedications, conditions, restrictions and covenants (if any) specified in relation to the description of the parcel of land in Part 2 of Schedule 4, and (a) any reservations that except land out of a Crown grant relating to the land, and (b) reservations of minerals (within the meaning of the Crown Lands Act 1989). (3) Before the relevant amending plan that inserted the description of a parcel of land into Part 2 of Schedule 4 was made, the Governor approved of subclause (2) applying to the land. (4) In this clause, "the relevant amending plan", in relation to a parcel of land described in Part 2 of Schedule 4, is the local environmental plan that inserted the description of the parcel in that Part. (5) Land described in Part 1 of Schedule 4 is not affected by the amendments made by the Local Government Amendment (Community Land Management) Act 1998 to section 30 of the Local Government Act 1993. BANKSTOWN LOCAL ENVIRONMENTAL PLAN 2001 - REG 30 Floor space ratios 30 Floor space ratios (1) The objectives of the floor space ratios adopted by this plan are as follows: (a) to generally regulate the scale and bulk of development consistently with the capacity and character of the area of the development site, (b) to ensure non-residential development in residential zones is of a similar scale to that of permitted residential development, (c) to regulate the intensity of development in business zones consistently with the role and function of the particular business centre, the capacity of the road network to accommodate business-related traffic, and the availability of public transport, (d) to provide an incentive for redevelopment of key sites in the Bankstown CBD, (e) to ensure that business and retail development in industrial zones is of a scale comparable to mainstream industrial zone activity and does not attract development more appropriately located in business zones. (2) The consent authority must not grant consent to development if it has a floor space ratio in excess of that indicated for the development site on the Floor Space Ratio Map. (3) Where a floor space ratio shown on the Floor Space Ratio Map applies only where consolidation of adjoining lots is achieved, the consent authority must not grant consent to development if it has a floor space ratio in excess of that floor space ratio unless all adjoining allotments shown edged with a heavy black line on the Floor Space Ratio Map are consolidated into a single allotment. BANKSTOWN LOCAL ENVIRONMENTAL PLAN 2001 - REG 31 Pet boarding 31 Pet boarding Despite clause 11, the consent authority may consent to development for the purpose of boarding of domestic pets on land within Zone 3 (b), 4 (a) or 4 (b), but only if it is satisfied that the use will not create a nuisance that will affect the amenity of any land in the vicinity used for residential purposes. BANKSTOWN LOCAL ENVIRONMENTAL PLAN 2001 - REG 32 Access for people with disabilities 32 Access for people with disabilities (1) A new building must not be erected unless it complies with the requirements of the Building Code of Australia in relation to access and facilities for people with disabilities. (2) In the case of proposed development involving: (a) an existing building, or (b) a new building of a type that is not subject to any requirement of the Building Code of Australia in relation to access and facilities for people with disabilities, the consent authority must take into consideration whether adequate provision is, or is able to be, made for such access and facilities. BANKSTOWN LOCAL ENVIRONMENTAL PLAN 2001 - REG 33 Brothels 33 Brothels Development for the purpose of a brothel may be carried out only on certain land within Zone 4 (a) or 4 (b) in Villawood, Greenacre, Milperra and South Bankstown as identified on the map. BANKSTOWN LOCAL ENVIRONMENTAL PLAN 2001 - REG 34 Land acquisition 34 Land acquisition (1) The owner of any land within Zone 5, 6 (a) or 7 may, in writing, request the public authority corresponding to the category of the land as indicated on the map and as shown in the Table below, to acquire the land. Table ___________________________________________________________________ |___________________________________________________________________| |5 |Roads and Traffic Authority, if “RTA” is specified on the| |___________________________________________________________________| |6 (a)|(a) in the case of land included in Schedule 5—the | |___________________________________________________________________| |___________________________________________________________________| (2) Subject to subclauses (3)–(5), on receipt of the request, the public authority concerned must make arrangements to acquire the land, unless the land might reasonably be required to be dedicated to the Council as a condition of consent to the carrying out of development. (3) However, the Council must make arrangements to acquire the land only if: (a) the land is included in a 5-year works program of the current at the time of receipt of the request, or (b) the Council is of the opinion that the owner of the land will suffer hardship if the land is not acquired within a reasonable time. (4) The Roads and Traffic Authority must make arrangements to acquire the land only if: (a) the land is included in a 5-year works program of the Roads and Traffic Authority current at the time of receipt of the request, or (b) the Roads and Traffic Authority has refused concurrence to a consent for a proposed use of the land, or (c) the Roads and Traffic Authority is of the opinion that the owner of the land will suffer hardship if the land is not acquired within a reasonable time. (5) The corporation must make arrangements to acquire the land only if: (a) the land is included in a priority program of the corporation current at the time of receipt of the request, or (b) the corporation is of the opinion that the owner of the land will suffer hardship if the land is not acquired within a reasonable time. (6) If Schedule 5 indicates that only part of an allotment is included in that Schedule, the relevant part is identified on the map. BANKSTOWN LOCAL ENVIRONMENTAL PLAN 2001 - REG 35 Use of land before or after it is acquired 35 Use of land before or after it is acquired (1) A person may, with consent, carry out development on land within Zone 5 or 6 (a): (a) if the development may be carried out on land in an adjoining zone, or (b) if the development is compatible with development which may be carried out on land in an adjoining zone. (4) Before granting consent to development on land within Zone 5 or 6 (a) before it is acquired, the consent authority must consider the following: (a) the need for the proposed development on the land, (b) the impact of the proposed development on the existing or likely future use of the land, (c) the need to retain the land for its existing or likely future use, (d) the effect of the proposed development on the costs of acquisition, (e) the imminence of acquisition, (f) the costs of reinstatement of the land for the land use for which the land may be required to be acquired. (5) Land acquired under clause 34 may be developed, with the consent of the consent authority, for any purpose until such time as it is required for use for the purpose for which it was acquired. (6) Consent for development on land within Zone 5 or 6 (a) after it has been acquired pursuant to this plan may be granted only if the consent authority has considered whether the proposed development would be compatible with the existing and likely future character and amenity of adjoining land in terms of: (a) its scale, bulk, design, siting and landscaping, and (b) its operation, and (c) traffic generation and car parking, and (d) noise, light, dust and odour nuisance, and (e) privacy, and (f) stormwater drainage and flooding, and (g) hours of operation, and (h) overshadowing. BANKSTOWN LOCAL ENVIRONMENTAL PLAN 2001 - REG 36 Use of land within Zone 7 before it is acquired 36 Use of land within Zone 7 before it is acquired The consent authority may grant consent to development on land in Zone 7 before it is acquired, but only if it is satisfied that the proposed development will not detract from the conservation value of the land. BANKSTOWN LOCAL ENVIRONMENTAL PLAN 2001 - REG 36A Special requirements for particular sites 36A Special requirements for particular sites (1) Consent must not be granted for development of land specified in Column 1 of Schedule 9 unless the requirement relating to that development set out in Column 2 of that Schedule has been complied with. (2) State Environmental Planning Policy No 1—Development Standards does not apply to any aspect of development referred to in Schedule 9 if that Schedule so provides in relation to that aspect. BANKSTOWN LOCAL ENVIRONMENTAL PLAN 2001 - REG 36B Development of land at 80 Miller Road, Villawood 36B Development of land at 80 Miller Road, Villawood (1) This clause applies to Lot 101, DP 1041971, No 80 Miller Road, Villawood, as shown distinctively coloured, edged heavy black and lettered “2 (a)” or “3 (b)” on the map marked “ Bankstown Local Environmental Plan 2001 (Amendment No 26) ”. (2) Despite any other provision of this plan, the consent authority may grant consent to the subdivision under the Community Land Development Act 1989 of so much of the land to which this clause applies as is within Zone 2 (a), but only if: (a) the number of community development lots, precinct development lots and neighbourhood lots so created does not exceed 181, and (b) each community development lot, precinct development lot or neighbourhood lot so created is at least 200 square metres in area. (3) Despite any other provision of this plan, a person may, with the consent of the consent authority, carry out development for the purpose of light industry on so much of the land as is within Zone 3 (b). (4) Despite any other provision of this plan, the carrying out of development for the following purposes is prohibited in relation to so much of the land as is within Zone 3 (b): (a) bed and breakfast establishments, (b) boarding-houses, (c) centre based child care centres, (d) dual occupancies, (e) dwelling houses, (f) educational establishments, (g) family day care centres, (h) home businesses, (i) home offices, (j) hospitals, (k) hotels, (l) housing for older people or people with disabilities, (m) motels, (n) residential flat buildings, (o) rowhouses, (p) serviced apartments, (q) villas. BANKSTOWN LOCAL ENVIRONMENTAL PLAN 2001 - REG 36C Development along arterial roads 36C Development along arterial roads (1) Consent must not be granted to development on an allotment of land that has a boundary adjoining an arterial road (or a road related area adjoining or associated with an arterial road) unless the consent authority is satisfied that: (a) where practicable, vehicle access to the land is provided by a road other than the arterial road, and (b) the safety, efficiency and ongoing operation of the arterial road will not be adversely affected by the proposed development as a result of: (i) the design of the vehicle access to the land from the arterial road, or (ii) the nature, volume or frequency of vehicles using the arterial road to gain access to the land, or (iii) the emission of smoke or dust from the proposed development, and (c) the development is of a type that: (i) is not sensitive to traffic noise, or (ii) is appropriately located and designed, or (iii) includes measures to reduce potential traffic noise within the site or the proposed development. BANKSTOWN LOCAL ENVIRONMENTAL PLAN 2001 - REG 37 Heritage items 37 Heritage items (1) A person must not, in respect of a heritage item or relic, do any of the following except with the consent of the consent authority: (a) demolish, deface, damage, despoil or move the heritage item, or (b) alter the heritage item, or (c) move the relic or excavate land for the purpose of discovering, exposing or moving a relic, or (d) erect a building on, or subdivide, land on which the heritage item or relic is situated, or that comprises the heritage item or relic, or (e) damage or despoil any tree or land on which the heritage item or relic is situated, or that comprises the heritage item or relic, or (f) alter the interior of a building or work that is the heritage item, or (g) use the heritage item for a purpose that is different from its current use. (2) Nothing in this clause operates so as to require consent for development, on land to which this clause applies, that is referred to in Schedule 7 if the Council is satisfied that the development is of a minor nature and does not have an adverse impact on the heritage significance of the heritage item. (3) The consent authority must not grant consent to the carrying out of development related to heritage items unless it considers the proposal is consistent with the following aims and objectives: (a) to conserve the environmental heritage of the land to which this plan applies, and (b) to integrate heritage conservation into the planning and development control processes, and (c) where appropriate, to require the investigation and recording of sites which have archaeological potential, and (d) to provide for public involvement in matters relating to the conservation of environmental heritage, and (e) to ensure that any development is undertaken in a manner that is sympathetic to, and does not detract from, the heritage significance of heritage items and both their curtilage and setting, and (f) to require, when considered necessary, the consideration of a statement of heritage impact or a conservation management plan before consent is granted for development relating to a heritage item, and (g) to ensure the sympathetic use of sites containing buildings or facades of historic or streetscape importance which contribute to the character of the locality. (4) The consent authority must not grant consent to a development application required by subclause (1) that relates to a heritage item unless it has taken into consideration the extent to which the carrying out of the proposed development would affect the heritage significance of the item. (5) Where a development application is required by this clause, the consent authority may decline to grant consent until it has considered a statement of heritage impact or a conservation management plan so as to enable the consent authority to fully consider the heritage significance of the item and the impact of the proposed development on the significance of the item, including its interior, curtilage and setting. The statement of heritage impact or conservation management plan is to be prepared by a suitably trained heritage professional according to the guidelines nominated by the consent authority. BANKSTOWN LOCAL ENVIRONMENTAL PLAN 2001 - REG 38 Development in the vicinity of heritage items 38 Development in the vicinity of heritage items The consent authority must take into consideration the likely effect of the proposed development on a heritage item, archaeological site or potential archaeological site, and on its setting, when determining an application for consent to carry out development of land in its vicinity. BANKSTOWN LOCAL ENVIRONMENTAL PLAN 2001 - REG 39 Heritage advertisements and notifications 39 Heritage advertisements and notifications The following development is advertised development for the purposes of the Act: (a) the complete or substantial demolition of a heritage item, or (b) the complete or substantial demolition of any significant feature of a heritage item, or (c) the carrying out of any development allowed by clause 41. BANKSTOWN LOCAL ENVIRONMENTAL PLAN 2001 - REG 41 Heritage conservation incentives 41 Heritage conservation incentives Despite any other provision of this plan, the consent authority may grant consent for any development on land that is the site of a heritage item or a potential heritage item if it is satisfied that: (a) the proposed development would not adversely affect the amenity of the surrounding area, and (b) the proposed development is in accordance with a conservation management plan which has been endorsed by the consent authority, and (c) the granting of consent to the proposed development would ensure that all necessary conservation work identified in the conservation management plan is carried out. BANKSTOWN LOCAL ENVIRONMENTAL PLAN 2001 - REG 42 Development of known or potential archaeological sites 42 Development of known or potential archaeological sites (1) The consent authority may grant consent to the carrying out of development on an archaeological site which has Aboriginal cultural heritage significance or a potential archaeological site that is reasonably likely to have Aboriginal cultural heritage significance only if: (a) it has considered a statement of heritage impact of how the proposed development would affect the conservation of the site and any relic known or reasonably likely to be located at the site, and (b) except where the proposed development is integrated development, it has notified the local Aboriginal communities (in such a way as it thinks appropriate) of the development application and taken into consideration any comments received in response within 21 days after the notice was sent, and (c) it is satisfied that any necessary consent or permission under the National Parks and Wildlife Act 1974 has been granted. (2) The consent authority may grant consent to the carrying out of development on any other archaeological site or a potential archaeological site only if: (a) it has considered a statement of heritage impact of how the proposed development would affect the conservation of the site and any relic known or reasonably likely to be located at the site, and (b) it is satisfied that any necessary excavation permit required by the Heritage Act 1977 has been granted. (3) Subclause (2) (a) does not apply if the proposed development does not involve disturbance of below ground deposits and the consent authority is of the opinion that the heritage significance of any above ground deposits would not be adversely affected by the proposed development. BANKSTOWN LOCAL ENVIRONMENTAL PLAN 2001 - REG 43 Objectives of the Rural zone 43 Objectives of the Rural zone The objectives of Zone 1 are: (a) to recognise the agricultural production potential of rural land, and (b) to permit only those uses which are compatible with the amenity of adjoining areas. BANKSTOWN LOCAL ENVIRONMENTAL PLAN 2001 - REG 44 Objectives of the residential zones 44 Objectives of the residential zones (1) The objectives of Zone 2 (a) are: (a) to complement the single dwelling suburban character of the residential areas of Bankstown City, and (b) to enable dual occupancy, rowhouse and villa development that is otherwise consistent with the objectives of the zone, and (c) to ensure that sites are of sufficient size to provide for buildings, vehicular and pedestrian access, landscaping and retention of natural topographical features, and (d) to ensure that development is of a height and scale which complements existing buildings and streetscapes (noting that 2 storey dwellings may occur throughout residential areas), and (e) to allow for some non-residential use that would not adversely affect the living environment or amenity of the area, and (f) to encourage energy efficiency and resource conservation measures in the design, construction and occupation of residential buildings, and other buildings permitted in this zone, and (g) to ensure adequate public and private open space is available to residents, and (h) to require satisfactory drainage, and (i) to require landscaping of development sites. (2) The objectives of Zone 2 (b) are: (a) to encourage a variety of housing types in Bankstown City, including residential flat buildings, and (b) to promote landscaping as a major element in the residential environment, and (c) to provide for housing which is compatible with surrounding buildings in terms of bulk, height and scale, and (d) to allow for some non-residential uses that provide services to residents which would not adversely affect the living environment of the area, and (e) to ensure that buildings include adaptable and accessible housing, and (f) to encourage residential development which has regard to local amenity and public and private views, and (g) to encourage energy efficiency and resource conservation measures in the design, construction and occupation of residential buildings, and other buildings permitted in this zone, and (h) to ensure adequate public and private open space is available to residents, and (i) to require satisfactory drainage, and (j) to require landscaping of development sites. BANKSTOWN LOCAL ENVIRONMENTAL PLAN 2001 - REG 45 General restrictions on development 45 General restrictions on development (1) Consent may be granted for a building on land within Zone 2 (a) or 2 (b) only if it would be compatible with the character and amenity of existing and likely future buildings on adjoining land in terms of: (a) its scale, bulk, design, height, siting and landscaping, and (b) its operation, and (c) traffic generation and carparking, and (d) noise, dust, light and odour nuisance, and (e) privacy, and (f) stormwater drainage, and (g) hours of operation, and (h) overshadowing. (2) Development for the purpose of dual occupancies, villas or rowhouses is prohibited on land within Zone 2 (a) that is referred to in Schedule 8. (3) Development for the purpose of dual occupancies is prohibited on land within Zone 2 (a) or 2 (b) that is referred to in Schedule 10. BANKSTOWN LOCAL ENVIRONMENTAL PLAN 2001 - REG 46 Core residential development standards 46 Core residential development standards (1) The objectives of the standards in this clause are: (a) where an existing allotment is inadequate in terms of its area or width, to require the consolidation of 2 or more single residential allotments for villa development or residential flat buildings, to achieve the other objectives in this subclause, and (b) to ensure that allotments are of sufficient size to accommodate proposed dwellings, setbacks to adjoining residential land, private open space and courtyards, driveways, vehicle manoeuvring areas and the like, and (c) to ensure that the site of a proposed villa development is of adequate area and width to enable that development to be arranged without long lengths of walls in a straight line, and (d) to limit the potential for villa, rowhouse, terrace house and dual occupancy development in Zone 2 (a), and (e) to ensure that dual occupancy, rowhouse or villa development in Zone 2 (a) retains the general low-density scale and character of existing single dwelling development. (2) The consent authority may grant consent to the subdivision of a single allotment of land within Zone 2 (a) or 2 (b) to create not more than 2 allotments for the purpose of the erection of a dwelling house on each allotment, provided that the average area of the allotments, exclusive of any access corridor, is not less than 450 square metres, and each allotment contains a rectangle with sides of 10 metres and 15 metres behind the setbacks and the building line of the proposed dwelling house. (3) The consent authority is not to grant consent to development for the purpose of villas on an allotment of land within Zone 2 (a) or 2 (b) unless: (a) the allotment has an area of 1,200 square metres or more, and (b) the allotment is at least 20 metres wide at the front building line, and (c) the site area per villa (excluding the area of access handles or rights of way for access) is not less than 300 square metres. (4) The consent authority is not to grant consent to development for the purpose of a detached dual occupancy on an allotment of land within Zone 2 (a) or 2 (b) if the allotment has an area less than 700 square metres or a width of less than 20 metres at the front building line. (5) The consent authority is not to grant consent to development for the purpose of an attached dual occupancy on an allotment of land within Zone 2 (a) or 2 (b) if the allotment has an area less than 500 square metres or a width of less than 15 metres at the front building line. (6) The consent authority is not to grant consent to development for the purpose of rowhouses on an allotment of land within Zone 2 (a) or 2 (b) unless the allotment: (a) is rectangular in shape, and (b) is located on a corner with two street frontages, and (c) has an area of not less than 750 square metres, and (d) has a width of not less than 20 metres at the front building line. (7) The consent authority is not to grant consent to development for the purpose of a residential flat building on an allotment of land within Zone 2 (b) unless: (a) the allotment has an area of not less than 1,500 square metres and a width of not less than 30 metres at the front building line, and (b) the site area per dwelling (excluding the area of access handles or rights of way for access) is: (i) not less than 90 square metres, if the allotment is located within the area bounded by the land referred to in clause 56 ( "railway land"), the Hume Highway and Stacey Street, or (ii) not less than 120 square metres, if the allotment is located within the area bounded by railway land, Marion Street, Oxford Avenue, Shenton Avenue, Chapel Street, Hoskins Avenue (and its projection east to Stacey Street) and Stacey Street. (7A) The consent authority may grant consent to development for the purpose of terrace houses on an allotment of land within Zone 2 (a) only if the consent authority is satisfied that: (a) the allotment of land within Zone 2 (a) is identified on the map distinctively coloured and with heavy black cross-hatching, and (b) vehicle access to the allotment is from a road or right of way for access at the rear of the allotment. (9) This clause does not apply to the following land: Land to which Part 14 applies (10) The consent authority may grant consent to development for the purpose of terrace houses on an allotment of land within Zone 2 (a) only where it is satisfied that: (a) the allotment of land within Zone 2 (a) is identified on the map by black cross-hatching, and (b) vehicle access to the allotment is from a road or right of way for access exists at the rear of the allotment. (11) Despite subclause (3), the consent authority is not to grant consent to development for the purpose of villas on an allotment of land within Zone 2 (a) or 2 (b) that is referred to in Schedule 10 unless: (a) the allotment is at least 24 metres wide at the front building line, and (b) the site area per villa (excluding the area of access handles or rights of way for access) is not less than 175 square metres. Note: Clause 46 (8), as exhibited, is "deferred matter". BANKSTOWN LOCAL ENVIRONMENTAL PLAN 2001 - REG 47 Isolation of allotments 47 Isolation of allotments The consent authority must not grant consent to any development on land within Zone 2 (b) if the proposed development will have the effect of isolating land with an area of less than 1,200 square metres and a width of less than 20 metres at the front building line so as to preclude the reasonable development of that land. BANKSTOWN LOCAL ENVIRONMENTAL PLAN 2001 - REG 48 Objectives of the Business zones 48 Objectives of the Business zones (1) The objectives of Zone 3 (a) are: (a) to reinforce the status of Bankstown CBD as a metropolitan regional centre, and (b) to define the scale and type of development in Bankstown CBD, and (c) to link the three key retail precincts—Bankstown Square, the Compass Centre block, and the Town Centre Plaza—and ensure a broad range of consumer choice, and (d) to establish a clear structure of land uses within Bankstown CBD to help focus the desired future character of the different activity precincts in the centre, and (e) to permit a diversity of uses to reinforce the multi- use character of Bankstown CBD, and (f) to encourage mixed-use development within the zone to create a living centre with a 24-hour life, and (g) to ensure the scale and density of development complements the desired future character of each precinct and its location in the centre, and (h) to introduce floor space incentives to encourage the redevelopment of key sites, and (i) to define the parameters for retail activities within the centre, and (j) to encourage the development of offices and other commercial activities in the CBD and promote the centre as a place for employment. (2) The objectives of Zone 3 (b) are: (a) to encourage the provision of retail, business, community, service and entertainment facilities to serve residential areas in the catchment of the zone, without detracting from the primary role of the Bankstown CBD, and (b) to promote the redevelopment of older centres and those in decay, and (c) to enable residential development in business zones, whether or not in conjunction with commercial activity, to promote activity and services in those zones. (3) The objectives of Zone 3 (c) are: (a) to promote economic and employment growth, and (b) to promote a high standard of building design and landscaping (particularly along arterial roads), and (c) to allow mixed use development on certain large allotments that have regard to local amenity, and (d) to limit retail activity except where it involves bulky goods, or where it services the daily convenience needs of the local workforce, and (e) to encourage appropriate and safe vehicle access to allotments (particularly along arterial roads). BANKSTOWN LOCAL ENVIRONMENTAL PLAN 2001 - REG 49 Restricted premises 49 Restricted premises (1) Development for the purpose of restricted premises is prohibited on land that is within 200 metres of land within Zone 2 (a) or 2 (b). (2) The consent authority may consent to the carrying out of development for the purpose of restricted premises only where conditions are imposed (in addition to any other conditions which may be imposed by the Council) which require that: (a) no part of the premises, other than an access corridor, will be located within 1,500 millimetres (measured vertically) from any adjoining footpath, roadway, arcade or other public thoroughfare, and (b) any signage related to the premises will be of a size, shape and content that does not interfere with the amenity of the locality, and (c) no other objects, products or goods related to the restricted premises will be visible from outside the premises. BANKSTOWN LOCAL ENVIRONMENTAL PLAN 2001 - REG 50 Restrictions on certain development 50 Restrictions on certain development (1) The objectives of this clause are: (a) to restrict centre-type development to existing shopping centres, and (b) to ensure that existing shopping centres are not adversely affected by the out-of-centre location of centre- type development, or development commonly found in local or regional shopping centres. (2) This clause applies to land within Zone 3 (b) which is identified on the map by dark blue cross-hatching. (3) Despite clause 11, development for the purpose of the following is prohibited on land to which this clause applies: business premises having a gross floor area greater than 1,000 square metres, amusement centres, hypermarkets, supermarkets, department stores, discount department stores, clothing shops, footwear shops, grocery shops having a gross floor area greater than 250 square metres, fruit and vegetable shops having a gross floor area greater than 250 square metres, small electrical appliance shops, entertainment establishments, entertainment facilities. BANKSTOWN LOCAL ENVIRONMENTAL PLAN 2001 - REG 50A Development in Zone 3 (c) 50A Development in Zone 3 (c) (1) The consent authority must not grant consent to development on land within Zone 3 (c), unless the consent authority is satisfied that the development achieves high quality architectural and landscaping outcomes that contribute to improving the character and appearance of a locality or arterial road. (2) The consent authority must not grant consent to development on land within Zone 3 (c) if vehicle assess to the development will be by means of an arterial road, unless the consent authority is satisfied that: (a) there are no other practical means of access to the land, and (b) traffic generated from the development will not have a significant adverse impact on the arterial road. (3) The consent authority may grant consent to development for the purpose of a convenience store on land within Zone 3 (c) only if it has a gross floor area of not more than 250 square metres. (4) Despite clause 11, the consent authority may grant consent to development on an allotment of land within Zone 3 (c) for the purpose of boarding-houses, family day care centres, home based child care centres, home businesses, housing for older people or people with a disability, residential flat buildings, serviced apartments, terrace houses and villas if the consent authority is satisfied that: (a) the allotment is identified on the map by pink cross- hatching, and (b) the allotment has an area of not less than 5,000 square metres, and (c) any dwellings are set back a minimum of 20 metres from any boundary of the allotment that adjoins an arterial road or a road related area (within the meaning of the Roads Act 1993) adjoining or associated with an arterial road, and (d) any development other than dwellings will not detract from the amenity of any dwellings on the allotment. (5) Despite clause 11, the consent authority may grant consent to development on an allotment of land within Zone 3 (c) for the purpose of an educational establishment other than an infants’, primary or secondary school. BANKSTOWN LOCAL ENVIRONMENTAL PLAN 2001 - REG 51 Objectives of the Industrial zones 51 Objectives of the Industrial zones (1) The objectives of Zone 4 (a) are: (a) to permit primarily industrial uses or uses which are inappropriate in other zones, and (b) to limit retail development, except where: (i) it is ancillary to an industrial use of land, or (ii) it services the daily convenience needs of the local workforce and does not have an adverse impact on the viability of the business areas of the City of Bankstown, and (c) to promote a high standard of: (i) building design (particularly along arterial roads), and (ii) environmental management, energy efficiency and resource conservation, and (d) to allow bulky goods salesrooms or showrooms only where they will not have an adverse impact on the viability of the business areas of the City of Bankstown. (2) The objectives of Zone 4 (b) are: (a) to only permit development that will operate in a manner consistent with maintaining or improving the existing amenity of adjoining residential areas, and (b) to limit retail development except where: (i) it is ancillary to an industrial use of land, or (ii) it services the daily convenience needs of the local workforce, and (c) to promote a high standard of: (i) building design (particularly along arterial roads), and (ii) environmental management, energy efficiency and resource conservation, and (d) to allow bulky goods salesrooms or showrooms only where they will not have an adverse impact on the viability of the business areas of the City of Bankstown. BANKSTOWN LOCAL ENVIRONMENTAL PLAN 2001 - REG 52 Development in the Industrial zones 52 Development in the Industrial zones (1) This clause applies to land within Zone 4 (a) or 4 (b). (2) Before granting consent for development on land to which this clause applies, the consent authority must take into consideration the following matters: (a) whether the proposed development will provide adequate off-street parking, relative to the demand for parking likely to be generated, (b) whether the site of the proposed development will be suitably landscaped, particularly between any buildings and the street alignment, (c) whether the proposed development will contribute to the maintenance or improvement of the character and appearance of the locality, (d) whether access to the proposed development will be available by means other than a residential street but, if no other means of practical access is available, the consent authority must have regard to a written statement that: (i) illustrates that no alternative access is available otherwise than by means of a residential street, and (ii) demonstrates that consideration has been given to the effect of traffic generated from the site and the likely impact on surrounding residential areas, and (iii) identifies appropriate traffic management schemes which would mitigate potential impacts of the traffic generated from the development on any residential environment, (e) whether goods, plant, equipment and other material used in carrying out the proposed development will be suitably stored or screened, (f) whether the proposed development will detract from the amenity of any residential area in the vicinity, (g) whether the proposed development adopts energy efficiency and resource conservation measures related to its design, construction and operation. (3) The consent authority must not grant consent to development for the purpose of office premises on land to which this clause applies, unless it is satisfied that: (a) the development will not detrimentally affect the viability of any business centre in the locality, and (b) where the development may otherwise have occurred within a business centre in the locality, suitable land for the development is not available in that business centre, and (c) the development is of a type appropriate to an industrial zone, or to the general character of existing development within the industrial zone. (4) The consent authority must not grant consent to development for the purpose of a panel beating workshop on land to which this clause applies if the land adjoins land within a residential zone, unless appropriate arrangements are made to store all vehicles awaiting or undergoing repair, awaiting collection, or otherwise involved with the development on the site of the proposed development, and they will be stored either: (a) within a building, or (b) within a suitably screened area. (5) Despite clause 11, the consent authority may consent to development on land within Zone 4 (a) or 4 (b) for the purpose of the sale of motor vehicles or furniture by auction. (6) The consent authority may grant consent to development for the purpose of a convenience store on land within Zone 4 (a) or 4 (b) only if it has a gross floor area of not more than 250 square metres and is proposed to be used in conjunction with a service station. (7) The consent authority may grant consent to development on land within Zone 4 (a) or 4 (b) for the purpose of an educational establishment other than an infants’, primary or secondary school. BANKSTOWN LOCAL ENVIRONMENTAL PLAN 2001 - REG 53 Bulky goods salesrooms or showrooms 53 Bulky goods salesrooms or showrooms (1) The consent authority must not grant consent to development for the purpose of bulky goods salesrooms or showrooms on land within Zone 4 (a) or 4 (b) unless it is satisfied that: (a) suitable land for the development is not available in any nearby business centre, and (b) to grant consent would not, by reason of the number of retail outlets which exist or are proposed on land to which this clause applies, defeat the predominantly industrial nature of the zone concerned, and (c) the proposed development will not detrimentally affect the viability of any business centre. (2) The consent authority may adopt a development control plan which has the effect of identifying those parts of Zone 4 (a) or 4 (b) in which bulky goods salesrooms or showrooms should or should not be carried out. BANKSTOWN LOCAL ENVIRONMENTAL PLAN 2001 - REG 54 Development of certain land at Greenacre 54 Development of certain land at Greenacre (1) This clause applies to the part of Lot 13, DP 1004336 indicated on the map as a restricted development area, and is part of the land known as 235 Roberts Road, Greenacre. (2) Development for the purpose of landscaping, drainage or utility installations may be carried out on land to which this clause applies with development consent, but for no other purpose. BANKSTOWN LOCAL ENVIRONMENTAL PLAN 2001 - REG 54A Development of certain land at Padstow 54A Development of certain land at Padstow (1) This clause applies to land in the City of Bankstown, being that part of Lot 52, DP 606305, known as 55 Davies Road, Padstow, as shown edged heavy black and coloured violet on the map marked “ Bankstown Local Environmental Plan 2001 (Amendment No 18) ”, which is made up of: (a) land that is shown in a section 88B instrument under the Conveyancing Act 1919 as being restricted for open space purposes only (which is called "the open space portion" in this clause), and (b) other land (which is called "the industrial portion" in this clause). (2) A person must not carry out development of the industrial portion of the land to which this clause applies unless vegetation is planted or maintained on a strip of a minimum width of 1 metre on the boundary of that part of the industrial portion of the land that adjoins the open space portion of the land. (3) A person must not carry out development of the industrial portion of the land to which this clause applies unless provision is made for any drainage from that industrial portion to drain away from the open space portion of the land. (4) A person must not carry out development of the open space portion of the land to which this clause applies unless the development is for a purpose consistent with the open space status of the land, which may include, but is not limited to, landscaping and drainage. (5) Clause 7 (1) does not affect any restriction or prohibition created under section 88B of the Conveyancing Act 1919 that limits use of the open space portion so that it may be used only for open space purposes. BANKSTOWN LOCAL ENVIRONMENTAL PLAN 2001 - REG 55 Objectives of the Special Uses zone 55 Objectives of the Special Uses zone The objectives of Zone 5 are: (a) to identify land owned, used or required to be used by, or under the authority of, a public authority or for other semi-public purposes, and (b) to permit a range of uses which are compatible with the locality. BANKSTOWN LOCAL ENVIRONMENTAL PLAN 2001 - REG 56 Railway land 56 Railway land Land within Zone 5 shown on the map with the annotation “railways” may, with the consent of the consent authority, be used for any purpose authorised under the Transport Administration Act 1988. BANKSTOWN LOCAL ENVIRONMENTAL PLAN 2001 - REG 57 Objectives of the Open Space zones 57 Objectives of the Open Space zones (1) The objectives of Zone 6 (a) are: (a) to ensure that there is a sufficient and equitable distribution of open space to meet the recreational needs of residents and to enhance the environment of Bankstown City, and (b) to ensure preservation of significant landscape elements. (2) The objectives of Zone 6 (b) are: (a) to identify major parcels of land where private recreation is provided, and (b) to permit a range of related facilities. BANKSTOWN LOCAL ENVIRONMENTAL PLAN 2001 - REG 58 Floodway 58 Floodway (1) This clause applies to land within Zone 6 (a) that has the annotation “floodway” on the map. (2) A building must not be erected or an existing building extended on the land to which this clause applies. BANKSTOWN LOCAL ENVIRONMENTAL PLAN 2001 - REG 59 Objectives of the Environment Protection zone 59 Objectives of the Environment Protection zone The objectives of Zone 7 are: (a) to protect environmentally sensitive natural bushland and wildlife corridors of high conservation value, and (b) to protect threatened vegetation communities and their associated native fauna, and (c) to conserve watercourses and their associated riparian vegetation, and (d) to protect sites identified in plans of management as being environmentally sensitive natural bushland or wildlife corridors of high conservation value. BANKSTOWN LOCAL ENVIRONMENTAL PLAN 2001 - REG 60 Objectives of the National Parks and Nature Reserves zone 60 Objectives of the National Parks and Nature Reserves zone The objectives of Zone 8 are: (a) to identify existing national parks and nature reserves, and (b) to recognise the administration of this land under the National Parks and Wildlife Act 1974. BANKSTOWN LOCAL ENVIRONMENTAL PLAN 2001 - REG 61 Aims of Part 61 Aims of Part This Part aims to allow development for the purpose of housing (dual occupancies, detached housing, Revesby Villas, townhouses, apartments and shop- top apartments) which achieves an increased residential density in Revesby Urban Village, and occurs in a way that maintains a strong and “individual” character which is reflected through residential design cohesion, community artworks and active public domain spaces. BANKSTOWN LOCAL ENVIRONMENTAL PLAN 2001 - REG 62 Land to which this Part applies 62 Land to which this Part applies This Part applies to the land at Revesby bounded by Bransgrove Road, The River Road, Weston Street, Tarro Avenue (and its projection north across the East Hills Railway Line to Polo Street) and Polo Street. BANKSTOWN LOCAL ENVIRONMENTAL PLAN 2001 - REG 63 Application of Part 63 Application of Part This Part supplements the other provisions of this plan by: (a) specifying objectives and the desired future character for development in different parts, known as precincts, of the Revesby Urban Village, and (b) enabling consent to be granted to development that may otherwise be prohibited under this plan if it achieves the objectives and desired future character for the precinct containing the development site, and (c) enabling the consent authority to regulate development that is otherwise allowed on the land, so that the objectives and desired future character for the precinct containing the development site are achieved to the maximum extent. BANKSTOWN LOCAL ENVIRONMENTAL PLAN 2001 - REG 64 Development of Revesby Urban Village 64 Development of Revesby Urban Village (1) In this clause: "existing" means existing at the commencement of this clause. "precinct" means a precinct identified on the map marked “ Bankstown Local Environmental Plan 2001 (Amendment No 1)—Revesby Urban Village—Precinct Plan ” held at the office of the Council. "Revesby Urban Village" means the land to which this Part applies. "Revesby Villas" means a group of three or more one or two-storey dwellings (whether attached or not) on a single site with a minimum street frontage of 40 metres. (2) Despite any other provision of this plan, consent may be granted to the carrying out of development within Revesby Urban Village, and conditions may be imposed on such a consent, to achieve the following specific "objectives for precincts": Dual occupancy scale development which retains and reinforces the existing subdivision pattern. Single detached house scale development of one or two storeys which retains individual lots in the existing subdivision pattern for housing and may include family housing. Retention or enhancement of the existing “cottage” and “bungalow” architectural style. Retention of the existing narrow and “intimate” character of Simmons Street and Lillian Crescent. Revesby Villa and townhouse scale development that enhances the range and mix of residential accommodation whilst retaining the existing streetscape character which is defined by detached housing on individual lots. Retention or enhancement of the existing “cottage” and “bungalow” architectural styles, but achievement of a density of 300m 2 per dwelling with new development. Revesby Villa, townhouse and apartment scale development which supports higher density residential development of 175m 2 per dwelling with a maximum of two storeys and a maximum height of 7 metres from natural ground level to the underside of the ceiling. Encouragement of site amalgamation for higher density residential development. Provision of open space and legible pedestrian links between higher density development in this precinct and the Public Domain Precinct. Mixed use two or three-storey scale buildings that encourage individual shop fronts and some larger “supermarket” or “bank” style buildings along Selems Parade and the eastern end of Marco Avenue. Encouragement of shop-top apartments and studios, lofts and townhouses which contain small businesses or home occupation activities. Retention of a consistent building alignment along the street-front. Provision of a car park designed to provide for a well- landscaped, safe environment. Provision of a car park designed to provide for a well- landscaped, safe environment and to be sensitive to the amenity and character of the adjoining residential area in Simmons Street. Three-storey scale mixed use buildings that encourage ground floor retail or business activities and also contain shop-top housing. A consistent building alignment along the street-front is to be provided. Three-storey scale mixed use buildings with shop-top housing. Encouragement of site amalgamation. Buildings designed so as not to dominate the streetscape. A consistent building alignment along the street front. Note: Part of this precinct is land excluded from Bankstown Local Environmental Plan 2001 (Amendment No 1)—Revesby Urban Village (see Sheet 2 of the map supporting that plan). Passive open space that retains and enhances recreational opportunities. Active community facilities. New development must “address” Ray McCormack Reserve and improve the surveillance and security of that reserve by its building design. Note: Land (including the land occupied by the Revesby Workers Club) that is proposed to comprise this precinct is excluded from Bankstown Local Environmental Plan 2001 (Amendment No 1)—Revesby Urban Village (see Sheet 2 of the map supporting that plan). Revesby Villa and townhouse scale development to achieve a density of not less than 175m 2 per dwelling with new buildings. On-site car parking must not dominate the streetscape. Note: Part of this precinct is land excluded from Bankstown Local Environmental Plan 2001 (Amendment No 1)—Revesby Urban Village (see Sheet 2 of the map supporting that plan). Dual occupancy scale development which retains and reinforces the existing subdivision pattern. Single, detached house scale development of one or two storeys which retains individual lots in the existing subdivision pattern for housing and may include family housing. Retention or enhancement of the existing “cottage” and “bungalow” architectural styles. Shared vehicular/pedestrian zones that build a vibrant “village centre” character with artworks, market days and public “feature” activities that occur in the public domain. Street planting and works that achieve a pleasant micro- climate with a strong physical and visual pedestrian link across the railway line and discourage through vehicular traffic. Enhancement of Abel Reserve with new landscaping, seating, shadestructures, lighting, paving, new playground facilities and public artworks. Use of Abel Reserve as a community meeting place and a place for relaxation. (3) In considering whether the development proposed by a development application complies with the specific objectives for precincts within Revesby Urban Village, the consent authority shall have particular regard to any development control plan made specifically for Revesby Urban Village. BANKSTOWN LOCAL ENVIRONMENTAL PLAN 2001 - REG 65 Development standards 65 Development standards The consent authority may grant consent for development that does not comply with: (a) a floor space ratio set by clause 30 (2), or (b) a minimum allotment size or width set by clause 46, provided it is satisfied that the departure from the standard is necessary to achieve the aims of this Part and the objectives for the precinct in which the development site is situated. BANKSTOWN LOCAL ENVIRONMENTAL PLAN 2001 - REG 66 Application of Part 66 Application of Part (1) This Part applies to the land identified on the Land Application Map, referred to in this Part as the "Potts Hill Reservoirs site". (2) No other provision of this plan (except clause 5) applies to the land to which this Part applies. BANKSTOWN LOCAL ENVIRONMENTAL PLAN 2001 - REG 67 Interpretation 67 Interpretation (1) In this Part: "Floor Space Ratio Map" means the Bankstown Local Environmental Plan 2001—Potts Hill Reservoirs site—Floor Space Ratio Map. "Height of Buildings Map" means the Bankstown Local Environmental Plan 2001—Potts Hill Reservoirs site—Height of Buildings Map. "Land Application Map" means the Bankstown Local Environmental Plan 2001—Potts Hill Reservoirs site—Land Application Map. "Land Zoning Map" means the Bankstown Local Environmental Plan 2001—Potts Hill Reservoirs site—Land Zoning Map. (2) A word or expression used in this Part has the same meaning as it has in the standard instrument prescribed by the Standard Instrument (Local Environmental Plans) Order 2006 unless it is otherwise defined in this Part. BANKSTOWN LOCAL ENVIRONMENTAL PLAN 2001 - REG 68 Relationship with other environmental planning instruments 68 Relationship with other environmental planning instruments The only environmental planning instruments that apply, according to their terms, to land within the Potts Hill Reservoirs site are this Part and all other State environmental planning policies, except State Environmental Planning Policy No 1—Development Standards. BANKSTOWN LOCAL ENVIRONMENTAL PLAN 2001 - REG 69 Maps 69 Maps (1) A reference in this Part to a named map adopted by this Part is a reference to a map by that name: (a) approved by the Minister 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 Minister when the instruments are made. (2) Any 2 or more named maps may be combined into a single map. In that case, a reference in this Part 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 Part, a map may be in, and may be kept and made available in, electronic or paper form, or both. BANKSTOWN LOCAL ENVIRONMENTAL PLAN 2001 - REG 70 Land use zones 70 Land use zones For the purposes of this Part, land within the Potts Hill Reservoirs site is in a zone as follows if the land is shown on the Land Zoning Map as being within that zone: (a) Zone R2 Low Density Residential, (b) Zone R3 Medium Density Residential, (c) Zone B7 Business Park, (d) Zone RE1 Public Recreation. BANKSTOWN LOCAL ENVIRONMENTAL PLAN 2001 - REG 71 Objectives of land use zones to be taken into account 71 Objectives of land use zones to be taken into account 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. BANKSTOWN LOCAL ENVIRONMENTAL PLAN 2001 - REG 72 Zone R2 Low Density Residential 72 Zone R2 Low Density Residential (1) The objectives of Zone R2 Low Density Residential are as follows: (a) to provide for the housing needs of the community within a low density residential environment, and (b) to enable other land uses that provide facilities or services to meet the day to day needs of residents. (2) Development for any of the following purposes is permitted without development consent on land within Zone R2 Low Density Residential: environmental protection works; home occupations. (3) Development for any of the following purposes is permitted only with development consent on land within Zone R2 Low Density Residential: attached dwellings; boarding houses; child care centres; community facilities; dual occupancies; dwelling houses; environmental facilities; group homes; home-based child care; home businesses; kiosks; neighbourhood shops; places of public worship; recreation areas; roads; semi-detached dwellings; seniors housing. (4) Except as otherwise provided by this Part, development is prohibited on land within Zone R2 Low Density Residential unless it is permitted by subclause (2) or (3). BANKSTOWN LOCAL ENVIRONMENTAL PLAN 2001 - REG 73 Zone R3 Medium Density Residential 73 Zone R3 Medium Density Residential (1) The objectives of Zone R3 Medium Density Residential are as follows: (a) to provide for the housing needs of the community within a medium density residential environment, (b) to provide a variety of housing types within a medium density residential environment, (c) to enable other land uses that provide facilities and services to meet the day to day needs of residents. (2) Development for any of the following purposes is permitted without development consent on land within Zone R3 Medium Density Residential: environmental protection works; home occupations. (3) Development for any of the following purposes is permitted only with development consent on land within Zone R3 Medium Density Residential: attached dwellings; boarding houses; child care centres; community facilities; dual occupancies; dwelling houses; environmental facilities; group homes; home-based child care; home businesses; kiosks; multi dwelling housing; neighbourhood shops; places of public worship; recreation areas; residential flat buildings; roads; semi-detached dwellings; seniors housing. (4) Except as otherwise provided by this Part, development is prohibited on land within Zone R3 Medium Density Residential unless it is permitted by subclause (2) or (3). BANKSTOWN LOCAL ENVIRONMENTAL PLAN 2001 - REG 74 Zone B7 Business Park 74 Zone B7 Business Park (1) The objectives of Zone B7 Business Park are as follows: (a) to provide a range of office and light industrial uses, (b) to encourage employment opportunities, (c) to enable other land uses that provide facilities or services to meet the day to day needs of workers in the area. (2) Development for the following purpose is permitted without development consent on land within Zone B7 Business Park: nil. (3) Development for any of the following purposes is permitted only with development consent on land within Zone B7 Business Park: child care centres; helipads; light industries; neighbourhood shops; office premises; passenger transport facilities; roads; warehouse or distribution centres. (4) Except as otherwise provided by this Part, development is prohibited on land within Zone B7 Business Park unless it is permitted by subclause (2) or (3). BANKSTOWN LOCAL ENVIRONMENTAL PLAN 2001 - REG 75 Zone RE1 Public Recreation 75 Zone RE1 Public Recreation (1) The objectives of Zone RE1 Public Recreation are as follows: (a) to enable land to be used for open space or recreational purposes, (b) to provide a range of recreational settings and activities and compatible land uses, (c) to protect and enhance the natural environment for recreational purposes. (2) Development for the purpose of environmental protection works is permitted without development consent on land within Zone RE1 Public Recreation. (3) Development for the following purposes is permitted only with development consent on land within Zone RE1 Public Recreation: community facilities; environmental facilities; kiosks; recreation areas; roads. (4) Except as otherwise provided by this Part, development is prohibited on land within Zone RE1 Public Recreation unless it is permitted by subclause (2) or (3). BANKSTOWN LOCAL ENVIRONMENTAL PLAN 2001 - REG 76 Temporary use of land 76 Temporary 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 Part, 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). BANKSTOWN LOCAL ENVIRONMENTAL PLAN 2001 - REG 77 Height of buildings 77 Height of buildings The height of a building on land within the Potts Hill Reservoirs site is not to exceed the maximum height shown for the land on the Height of Buildings Map. BANKSTOWN LOCAL ENVIRONMENTAL PLAN 2001 - REG 78 Floor space ratio 78 Floor space ratio The floor space ratio of a building on any land is not to exceed the floor space ratio shown for the land on the Floor Space Ratio Map. BANKSTOWN LOCAL ENVIRONMENTAL PLAN 2001 - REG 79 Exceptions to development standards 79 Exceptions to development standards (1) The objectives of this clause are: (a) to provide an appropriate degree of flexibility in applying certain development standards to particular development, and (b) to achieve better outcomes for and from development by allowing flexibility in particular circumstances. (2) Consent may, subject to this clause, be granted for development even though the development would contravene a development standard imposed by this Part 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) Consent must not be granted for development that contravenes a development standard unless the consent authority has considered a written request from the applicant that seeks to justify the contravention of the development standard by demonstrating: (a) that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case, and (b) that there are sufficient environmental planning grounds to justify contravening the development standard. (4) Consent must not be granted for development that contravenes a development standard unless: (a) the consent authority is satisfied that: (i) the applicant’s written request has adequately addressed the matters required to be demonstrated by subclause (3), and (ii) the proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out, and (b) the concurrence of the Director-General has been obtained. (5) In deciding whether to grant concurrence, the Director-General must consider: (a) whether contravention of the development standard raises any matter of significance for State or regional environmental planning, and (b) the public benefit of maintaining the development standard, and (c) any other matters required to be taken into consideration by the Director-General before granting concurrence. (6) After determining a development application made pursuant to this clause, the consent authority must keep a record of its assessment of the factors required to be addressed in the applicant’s written request referred to in subclause (3). (7) This clause does not allow consent to be granted for development that would contravene a development standard for complying development. BANKSTOWN LOCAL ENVIRONMENTAL PLAN 2001 - REG 80 Infrastructure development and use of existing buildings of the Crown 80 Infrastructure development and use of existing buildings of the Crown (1) This Part 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 consent, or that is exempt development, under the State Environmental Planning Policy (Infrastructure) 2007. (2) This Part does not restrict or prohibit, or enable the restriction or prohibition of, the use of existing buildings of the Crown by the Crown. BANKSTOWN LOCAL ENVIRONMENTAL PLAN 2001 - REG 81 Controls relating to miscellaneous permissible uses 81 Controls relating to miscellaneous permissible uses (1) This clause applies to development only if it is permitted under this Part. (2) Home businesses Development for the purposes of a home business must not involve the use of more than 30 square metres of floor area. (3) Kiosks Development for the purposes of a kiosk must not involve the use of more than 10 square metres of gross floor area. (4) Neighbourhood shops Development for the purpose of a neighbourhood shop must not involve the use of more than 80 square metres for the retail floor area of the shop. BANKSTOWN LOCAL ENVIRONMENTAL PLAN 2001 - REG 82 Savings provision relating to pending applications 82 Savings provision relating to pending applications A development application that has been made but not finally determined before the commencement of this Part must be determined as if State Environmental Planning Policy (Major Development) Amendment (Transfer of Planning Controls) 2010 had not commenced. BANKSTOWN LOCAL ENVIRONMENTAL PLAN 2001 - SCHEDULE 1 SCHEDULE 1 – Dictionary (Clause 6 (1)) "Aboriginal cultural heritage significance" means cultural significance to indigenous inhabitants of New South Wales and can apply to any item, site, place, area or object. "Aboriginal place" means a natural sacred site. It includes a natural feature such as a creek or mountain of cultural significance, as well as an initiation, ceremonial or story place, or an area of more contemporary cultural significance, such as an Aboriginal mission and a post-contact site. "Aboriginal site" means any place which has the physical remains of pre- historic occupation, or is of contemporary significance to the Aboriginal people. It can include items and remnants of the occupation of the land by Aboriginal people such as burial places, engraving sites, rock art, midden deposits, scarred and carved trees, and sharpening grooves. "acid sulfate soils" means actual or potential acid sulfate soils, as defined in the Acid Sulfate Soils Assessment Guidelines. "Acid Sulfate Soils Assessment Guidelines" means the Acid Sulfate Soils Assessment Guidelines as published from time to time by the NSW Acid Sulfate Soils Management Advisory Committee and adopted by the Director-General. "Acid Sulfate Soils Planning Maps" means the series of maps marked “ Bankstown Acid Sulfate Soils Planning Maps ” kept in the office of the Council. "adaptation" means modifying a place that is a heritage item to suit proposed compatible uses in such a way that it retains its heritage significance. "advertisement" means a sign, notice, device or representation in the nature of an outdoor advertisement visible from any public place or public reserve and includes any structure intended to display an advertisement. "agriculture" means: (a) the production of crops or fodder, or (b) horticulture, including fruit, vegetable and flower crop production and use of land for wholesale plant nurseries, or (c) the grazing of livestock, or (d) the keeping and breeding of livestock, including poultry, other birds, and bees, but (in the Table to clause 11) does not include any other use or activity elsewhere defined in this plan. "alter", in relation to a heritage item or relic, means: (a) make structural or non-structural changes to the outside of the heritage item or relic, such as changes to the detail, fabric, finish or appearance of the outside of the heritage item or relic, but not changes that maintain the existing detail, fabric, finish or appearance of the outside of the heritage item or relic, or (b) make structural or non-structural changes to the interior of the heritage item or relic, except changes to floor coverings, the painting of previously painted surfaces, and erection of office partitioning which does not damage original fabric. "amusement centre" means a building or place (not being a hotel or tavern) used principally for playing: (a) billiards, pool, or other like games, or (b) electrically or mechanically operated amusement devices, such as pinball machines, video games and the like. "animal boarding or training establishment" means a building or place used for the breeding, boarding, training or keeping of, or for caring for, animals for commercial purposes, and includes a riding school and veterinary clinic. "appointed day" means the day on which this plan takes effect. "archaeological site" means a site identified as such in Schedule 6 (Heritage items). It includes any site known to the consent authority to be an archaeological site, even if it is not so identified. "arterial road" means: (a) a road shown on the map as being an arterial road, or (b) a road declared to be a main road, controlled access road, secondary road or a tollway under the Roads Act 1993, or (c) a road shown on the Council’s adopted road hierarchy list (a copy of which is available from the office of the Council) as an arterial road. "bed and breakfast establishment" means a dwelling house providing accommodation for commercial purposes where: (a) the owner is a permanent resident living in the dwelling house, and (b) visitors’ accommodation is provided on a short-term basis only, up to a maximum of 1 month, and (c) there are not more than 6 visitors at any one time. "boarding-house" includes a house let in lodgings or a hostel which accommodates more than 2 boarders or residents, but does not include a motel. "brothel" means premises used for the purpose of prostitution, or designed for that purpose, even though used by only one prostitute for the purpose of prostitution. "bulky goods complex" means a building or place used to accommodate 5 or more bulky goods salesrooms or showrooms. "bulky goods salesroom or showroom" means a building or place used for the sale by retail or auction, or the hire or display, of any of the following: (a) furniture, or (b) electrical appliances, or (c) office furniture, or (d) hardware, or (e) outdoor products, or (f) floor coverings, or (g) automotive parts and accessories, or (h) lighting, or (i) kitchen or bathroom showrooms, or (j) tiles (floor, ceiling or wall), or (k) plant and equipment for hire. "business premises" means a building or place in which there is carried on an occupation, profession, service, light industry or trade which provides a service directly and regularly to the public, but (in the Table to clause 11) does not include a building or place elsewhere defined in this Schedule. "car park" means a building or place used for parking vehicles, and any manoeuvring space and access to it, whether operated for gain or not. "caravan park" means land (including a camping ground) on which caravans (or caravans and other moveable dwellings) are, or are to be, placed or erected. "centre based child care centre" means a building or place used for the purpose of caring for or educating children which: (a) caters for 6 or more children who are aged under 6 years or who do not normally attend school, and (b) may operate for the purpose of gain, but does not include a building or place providing residential care for those children. "communications facility" means a building or other structure, work or place used primarily for transmitting or receiving signals for the purpose of communication, including radio masts, transmission towers, satellite discs and the like. "community facility" means a building or place owned or controlled by a public authority or a body of persons which provides for the physical, social, cultural, or intellectual development or welfare of the local community, but (in the Table to clause 11) does not include a building or place elsewhere defined in this Schedule. "community land" means land classified as community land within the meaning of the Local Government Act 1993. "compatible use", in relation to a heritage item, means a use which involves no change to culturally significant fabric, but involves a change which is substantially reversible, or which results in a minimal impact on heritage significance. "conservation", in relation to a heritage item, means all the processes of looking after a place so as to retain its cultural significance. It includes maintenance and may according to circumstance include preservation, restoration, reconstruction and adaptation and will be commonly a combination of more than one of these. It may involve a similar use to the original or a significant use of the building or site concerned and will result in no change to culturally significant fabric. It includes changes which are substantially reversible or changes which involve minimal environmental impact. "conservation management plan" means a document prepared in accordance with the provisions of the NSW Heritage Manual. It should establish the heritage significance of an item, place or heritage conservation area, and should identify conservation policies and management mechanisms that are appropriate to enable that significance to be retained. "convenience store" means a shop selling a variety of small grocery goods, whether or not goods are available for hire there. "Council" means the Council of the City of Bankstown. "cultural significance" means aesthetic, historic, scientific or social value for past, present or future generations. "curtilage" of a heritage item means the area around the heritage item which is required to maintain its heritage significance. It is not limited to the setting or the property boundaries of the site. "dam" means all works or activities, including stormwater retention basins, the placement of fill or the excavation of land, involved in the permanent or temporary storage of water on land which significantly alters the shape, natural form or drainage of land. "demolish" a building or work that is a heritage item, means to wholly or partly destroy or dismantle the heritage item. "demolish" a building or work that is not a heritage item, means destroy or dismantle the building or work. "depot" means a building or place used for the storage (but not sale) of plant, machinery, goods or materials used or intended to be used by the owner or occupier of the building or place, but (in the Table to clause 11) does not include a building or place elsewhere defined in this Schedule. "development" has the same meaning as in the Act. "dual occupancy" means two attached dwellings (with a single common wall) or two detached dwellings on a single allotment where both dwellings face the street. "dwelling" means a room or number of rooms occupied or used, or so constructed or adapted as to be capable of being occupied or used, as a separate domicile. "dwelling house" means a dwelling which is the only dwelling erected on an allotment of land. "educational establishment" means a building or place used for education (including teaching) and includes: (a) a government school or non-government school within the meaning of the Education Act 1990, and (b) a tertiary institution, including a university and TAFE establishment, providing formal education which is constituted by or under an Act, and (c) an art gallery or museum, not used to sell the items displayed in it, whether or not accommodation for staff or students is provided there and whether or not it is used for the purpose of gain. "entertainment establishment" means a building or place used for the purpose of theatres or cinemas. "entertainment facility" means a building or place used for the purpose of entertainment, exhibitions, displays or cultural events and includes: (a) sports stadiums, showgrounds, racecourses and the like, and (b) music halls, concert halls, open air theatres, drive-in theatres and the like, and (c) entertainment centres, convention centres, exhibition centres and the like. "extractive industry" means: (a) winning extractive material, or (b) an undertaking, not being a mine, which depends for its operation on the winning of extractive material from the land on which it is carried out and includes any washing, crushing, grinding, milling, sawing or separating into different sizes of that extractive material on that land. "extractive material" means sand, gravel, turf, soil, rock, stone, sandstone or similar substances. "fabric" means all the physical material of a building or place. "family day care centre" means a room or a number of rooms forming part of, attached to, or within the curtilage of, a dwelling where a family day care service (within the meaning of the Family Day Care and Home Based Child Care Services Regulation 1996) is provided and organised or arranged by a sponsoring body (for example, the Council) and which caters for up to 7 children under 12 years of age (including the care givers’ children), but with a maximum of 5 children under 6 years of age. "family housing" means a flat attached to, and on the same allotment as, another dwelling with the flat having access and site facilities shared with the other dwelling and a floor area of not more than 75 square metres. The flat and other dwelling must be the only dwellings on the allotment. "flood liable land" means land inundated by the 1% probability flood event for the catchment in which the land is situated and includes land indicated as flood liable on maps prepared by the Department of Public Works and Services. "floor" means that space within a building which is situated between one floor level and the floor level next above or, if there is no floor above, the ceiling or roof above. "floor space ratio" means the ratio of the gross floor area of a building to the area of the development site. "Floor Space Ratio Map" means the map entitled “ Bankstown Local Environmental Plan 2001—Floor Space Ratio Map ”, as amended by the maps, (or, if sheets of maps are specified, by the specified sheets of maps) marked as follows: Note: The amending maps are not necessarily listed in the order of gazettal or publication on the NSW legislation website. Information about the order of gazettal or publication can be determined by referring to the Historical notes at the end of the plan. Bankstown Local Environmental Plan 2001 (Amendment No 12) —Sheet 2 Bankstown Local Environmental Plan 2001 (Amendment No 16) Bankstown Local Environmental Plan 2001 (Amendment No 18) Bankstown Local Environmental Plan 2001 (Amendment No 19) —Sheet 2 Bankstown Local Environmental Plan 2001 (Amendment No 21) —Sheet 2 Bankstown Local Environmental Plan 2001 (Amendment No 22) —Sheet 2 Bankstown Local Environmental Plan 2001 (Amendment No 24) —Sheet 2 Bankstown Local Environmental Plan 2001 (Amendment No 25) —Sheet 3 Bankstown Local Environmental Plan 2001 (Amendment No 28) Bankstown Local Environmental Plan 2001 (Amendment No 32) —Sheet 2 Bankstown Local Environmental Plan 2001 (Amendment No 33) —Sheet 2 Bankstown Local Environmental Plan 2001 (Amendment No 34) —Sheet 2 Bankstown Local Environmental Plan 2001 (Amendment No 35) —Sheet 2 Bankstown Local Environmental Plan 2001 (Amendment No 38) —Sheet 2 Bankstown Local Environmental Plan 2001 (Amendment No 39) —Sheet 2 Bankstown Local Environmental Plan 2001 (Amendment No 42) Bankstown Local Environmental Plan 2001 (Amendment No 43) —Sheet 2 "front building line" means the line determined by the Council establishing the minimum setback of a building from the street alignment. In the case of an allotment with frontage to more than one street, the front building line applies to the shortest frontage. "generating works" means a building or place used for the purpose of making or generating gas, electricity (otherwise than by the use of domestic solar panels) or other forms of energy. "gross floor area" means the sum of the areas of each floor of a building where the area of each floor is taken to be the area within the outer face of the external enclosing walls (or the roof structure, in the case of a loft) as measured at a height of 1,400 millimetres above each floor level, excluding: (a) columns, fin walls, sun control devices, awnings and any other elements, projections or works outside the general lines of the outer face of the external walls, and (b) lift towers, stairwells, cooling towers, machinery and plant rooms and ancillary storage space and air-conditioning ducts, and (c) car parking needed to meet any requirements of the Council and any internal designated vehicular or pedestrian access to it, and (d) space for the loading and unloading of goods, and (e) internal public arcades and thoroughfares, terraces, balconies with outer walls less than 1,400 millimetres high and the like, and (f) outbuildings, with an area of not more than 70 square metres used for purposes ancillary to a dwelling house. "hazardous industry" means a development for the purposes of an industry which, when the development is in operation and when all measures proposed to reduce or minimise its impact on the locality have been employed (including measures to isolate the development from existing or likely future development on other land in the locality), would pose a significant risk in relation to the locality: (a) to human health, life or property, or (b) to the biophysical environment. "hazardous storage establishment" means any establishment where goods, materials or products are stored which, when in operation and when all measures proposed to reduce or minimise its impact on the locality have been employed (including measures to isolate the establishment from existing or likely future development on other land in the locality), would pose a significant risk in relation to the locality: (a) to human health, life or property, or (b) to the biophysical environment. "health consulting rooms" means a room or a number of rooms within an existing building that is designed as a dwelling house used by not more than one person to provide professional medical treatment or health care services (including dental, veterinary and optical services) to members of the public and who employ not more than 1 employee in connection with the practice. "helicopter landing site" means a place not open to the public used for the taking off and landing of helicopters. "heliport" means a place open to the public used for the taking off and landing of helicopters, whether or not it includes: (a) a terminal building, or (b) facilities for the parking, storage or repair of helicopters. "heritage item" means a building, part of a building, work, relic, place, archaeological site, tree or landscape or townscape item which is described in Schedule 6. It also includes the site of any such building or work. "heritage significance" means historic, scientific, cultural, social, archaeological, architectural, natural or aesthetic significance. "high-tech industry" means an enterprise that: (a) has as its primary function the manufacture, development, production, processing or assembly of, or researching into, any of the following: (i) electronic and microelectronic systems and goods, (ii) information technology, computer software or hardware, (iii) instrumentation and instruments, (iv) biological, pharmaceutical, medical or paramedical systems, goods and components, (v) other goods, systems and components intended for use in science and technology, and (b) does not interfere with the amenity of the neighbourhood in which it is located by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, waste, water, waste products, grit, oil or otherwise. "highway service centre" means a place which has direct access to a freeway or controlled access road and provides petrol and diesel fuel outlets, toilets, restaurant facilities (for either sit-down or take-away meals, or both), parking for cars, buses and trucks and emergency repair facilities. "home based child care centre" means a building or place which provides child care for up to 5 children (including the children of the carer) aged under 6 years, or who do not normally attend school. "home business" means a business carried on in a dwelling or a building erected within the curtilage of a dwelling where: (a) the use does not involve the employment of persons other than residents of the site and a maximum of 1 non-resident, and (b) the use does not involve the retailing of goods or the display of goods whether in a window or otherwise, and (c) the use does not involve the exhibition of any notice, advertisement or sign (other than a notice, advertisement or sign exhibited on that building to indicate the name and occupation of the resident or residents), and (d) the use does not involve a brothel, and (e) the use does not involve manufacturing or processing of any kind, and (f) the use does not have a detrimental impact on the amenity of adjoining residences. "home office" means a home business undertaken in a single room (with a maximum area of 30 square metres) of a dwelling house, where the use: (a) only involves the employment of persons who are residents of the dwelling or dwelling house, and (b) does not have a detrimental impact on the amenity of adjoining residences, and (c) does not involve any retailing, manufacturing or processing of any kind, and (d) does not involve a brothel. "hospital" means a building or place used for the purpose of providing professional health care services (such as preventative or rehabilitative care, diagnosis, medical or surgical treatment, care for people with disabilities, psychiatric care or counselling and services provided by health care professionals) to people who are admitted as in-patients, including any: (a) ancillary facilities for the accommodation of nurses or other health care workers, ancillary shops or restaurants and ancillary accommodation for persons receiving health care or for their visitors, and (b) facilities situated in the building or at the place and used for educational or research purposes, whether or not they are used only by hospital staff or health care workers and whether or not any such use is a commercial use, and (c) specialist medical centre, and includes a building or place that is used exclusively as a day surgery or day procedure centre. "hotel" means premises specified or proposed to be specified in a hotelier’s licence granted under the Liquor Act 1982. "housing for older people or people with a disability" means residential accommodation which may take any building form, which is or is intended to be used as housing for the permanent accommodation of older people (persons 55 years old or older) or people with a disability. "industry" means the manufacturing, assembling, altering, repairing, renovating, ornamenting, finishing, cleaning, washing, dismantling, processing or adapting of any goods, articles, materials, liquids or gases for commercial purposes, but (in the Table to clause 11) does not include a land use elsewhere defined in this Schedule. "institution" means a penal or reformative establishment. "in the vicinity" of a heritage item means in the local area of the item (for example, behind, around or within view of the item or at a place from which the item can be viewed). In deciding whether something is in the vicinity, the screening effect of current trees or temporary structures is to be excluded. "junk yard" means land used for the collection, storage, abandonment or sale of scrap metals, waste paper, rags, bottles or other scrap materials or goods or used for the collecting, dismantling, storage, salvaging or abandonment of automobiles or other vehicles or machinery or for the sale of their parts. "landfilling" means all works or activities involved in the placement of fill on land, or an excavation of land, which significantly alters the shape, natural form or drainage of land, but does not include creation of dams. "light industry" means an industry in which the processes carried on, or the transportation involved or the machinery or materials used, do not interfere unreasonably with the amenity of the neighbourhood, but (in the Table to clause 11) does not include an industry elsewhere defined in this Schedule. "maintenance", in relation to a heritage item, means the ongoing protective care of the existing fabric, finish, appearance or setting of a heritage item. It does not include alterations or the introduction of new materials or technology (for example, injectable damp proof courses or roof treatments). "map" means a map deposited in the office of the Council. "marina" means: (a) shoreside facilities for mooring or servicing boats including pontoons, jetties, piers, berths or moorings, and (b) facilities for dry or rack storage of vessels, repair, maintenance or refuelling of vessels, pumping out of sewage, sail lofts, spillways, hoists, and facilities for the provision of accessories or parts for boats or food for boating operations. "materials recycling yard" means a building or place used for collecting, dismantling or storing of second-hand or scrap materials for the sole purpose of recycling the metal, timber or other substances comprising them or from which they are made, whether or not by resale, but does not include a junk yard. "medical centre" means a building or place used for the purpose of providing professional health services (including preventative care, diagnosis, medical or surgical treatment or counselling) to out-patients only. "mine" means the obtaining (by methods including excavating, quarrying, dredging, tunnelling or drilling) or removal of minerals, petroleum or natural gas and includes the storage and processing of the material obtained. "mineral" has the same meaning as in the Mining Act 1992. "motel" means premises, not being a hotel or serviced apartments, used for the temporary or short-term accommodation of travellers. "motor showroom" means a building or place used for the display or sale of motor vehicles, caravans, or boats, whether or not motor vehicle accessories, caravan accessories or boat accessories are sold or displayed there. "offensive industry" means a development for the purposes of an industry which, when the development is in operation and when all measures proposed to reduce or minimise its impact on the locality have been employed (including measures to isolate the development from existing or likely future development on other land in the locality), would emit a polluting discharge (including noise) in a manner which would have a significant adverse impact in the locality or on the existing or likely future development on other land in the locality. "offensive storage establishment" means any establishment where goods, materials or products are stored which, when in operation and when all measures proposed to reduce or minimise its impact on the locality have been employed (including measures to isolate the establishment from existing or likely future development on other land in the locality), would emit a polluting discharge (including noise) in a manner which would have a significant adverse impact in the locality or on the existing or likely future development on other land in the locality. "office premises" means a building or place used for the purpose of administration, clerical, technical, professional or like activities, where: (a) dealings with members of the public are not on a direct and regular basis or otherwise than by appointment, and (b) in the case of land within Zone 4 (a) or 4 (b), or land within Zone 3 (b) which is identified on the map by dark blue cross-hatching (being the land to which clause 50 applies), the employee density does not exceed 1 person for each 50 square metres of gross floor area contained within the building, but (in the Table to clause 11) does not include a building or place elsewhere defined in this Schedule. "operational land" means land classified as operational land within the meaning of the Local Government Act 1993. "outbuilding" means a detached building or structure used for purposes ancillary to the main dwelling on an allotment and includes cabanas, gazebos, garden sheds, greenhouses, garages, carports and the like. "passenger transport terminal" means any building or place used for the assembly and dispersal of passengers travelling by any form of passenger transport, including any facilities required for parking, manoeuvring, storing or routine servicing of any vehicle forming part of that undertaking. "place of public worship" means a building or place used for the purpose of religious worship, whether or not the building or place is also used for counselling, social events or religious training by a congregation or religious group, and includes a monastery. "plan of management", in relation to a heritage item, means a document detailing a schedule of works, in accordance with accepted conservation assessment procedures and techniques, aimed at restoring or maintaining the item. "plan of management", except in relation to a heritage item, has the same meaning as in the Local Government Act 1993. "plant hire" means a building or place used to hire out tools, plant and equipment used by builders and do-it-yourselfers and for the service and maintenance of the tools, plant and equipment. "potential archaeological site" means a site known to the Council to have archaeological potential. "potential heritage item" means a site identified as such in a register kept by the Council and includes a site known to the Council to have heritage potential, even if it is not so identified. "preservation" means maintaining the fabric of a place in its existing state and retarding deterioration. "public building" means a building or place used as a business or office by a public authority or an organisation established for public purposes. "reconstruction" means returning a place as nearly as possible to a known earlier state and is distinguished by the introduction of materials (new or old) into the fabric. "recreation area" means: (a) a children’s playground, or (b) an area used for sporting activities or sporting facilities, or (c) an area used by the Council to provide recreational facilities for the physical, cultural or intellectual welfare of the community, or (d) an area used by a body of persons associated for the purpose of the physical, cultural or intellectual welfare of the community to provide recreational facilities for that purpose. "recreation facility" means a building or place used for sporting activities, recreation or leisure activities, and may incorporate a shop selling take-away food or tourist-related items, whether or not operated for the purpose of gain, and may consist of or include: (a) a swimming pool, golf course, tennis court, bowling green or playing field, and (b) a paint ball park or gun club, and (c) a go-kart track, skating rink, skateboard and rollerblade ramp or mini-golf course, and (d) a bowling alley, pinball and video parlour or pool hall, and (e) boating facilities, such as marinas, boatsheds, boat ramps or landing facilities. "registered club" means a building or place which is used by persons associated, or by a body incorporated, for social, literary, political, sporting, athletic or other lawful purposes and which is, or is intended to be, registered under the Registered Clubs Act 1976. "relic" means any deposit, object or material evidence (which may consist of human remains), relating to the use or settlement of the area of the City of Bankstown, which is 50 or more years old. "research establishment" means a building or place used for the testing of any industrial goods or any articles for commercial purposes. "research facility" means a building or place used for the design, research or development of any industrial goods or any articles for commercial purposes, but (in the Table to clause 11) does not include a building or place elsewhere defined in this Schedule. "residential flat building" means a building containing two or more attached dwellings (and includes dwellings attached to a shop or office) with shared arrangements for access and parking and shared communal open space in lieu of or as well as private open space, but does not include a dual occupancy. "restaurant" means a building or place, the principal purpose of which is the provision of food to people for consumption on the premises or to provide take- away meals. "restoration" means returning the existing fabric of a place to a known earlier state by removing accretions or by reassembling existing components without the introduction of new material. "restricted premises" means a building or place at which: (a) publications classified Category 1 restricted, Category 2 restricted or RC under the Classification (Publications, Films and Computer Games) Act 1995 of the Commonwealth are shown, exhibited, displayed, sold or otherwise rendered accessible or available to the public, or (b) a business to which section 578E of the Crimes Act 1900 applies is conducted, but does not include a newsagency or pharmacy. "retail plant nursery" means a building or place used for growing plants and selling plants by retail, whether or not landscape supplies (including earth products) or other landscape and horticultural products are also sold there. "road" means a public thoroughfare used for the passage of vehicles or animals. "roadside stall" means a place or temporary structure used for the selling by retail of agricultural produce produced on the allotment of land on which the place or temporary structure is located. "road transport terminal" means a building or place used for the bulk handling of goods for transport by motor vehicles and includes a building or place used for the loading and unloading of containers. "rowhouses" means three attached dwellings erected on a corner allotment of a public road with each having a common wall or walls with the adjoining dwelling or dwellings. "sanctuary" means a building or place used for the preservation of native flora or fauna, or both, but (in the Table to clause 11) does not include a building or place elsewhere defined in this Schedule. "serviced apartments" means a building containing two or more self-contained dwellings: (a) which are used to provide short-term accommodation, but not subject to residential tenancy agreements within the meaning of the Residential Tenancies Act 1987, and (b) which are serviced or cleaned by the owner or manager of the apartments or the owner’s or manager’s agent. "service station" means a building or place used for the sale by retail of motor vehicle fuels and lubricants, whether or not the building or place is also used for any one or more of the following: (a) the sale by retail of spare parts and accessories for motor vehicles, (b) the cleaning of motor vehicles, (c) installation of accessories, (d) inspecting, repairing and servicing of motor vehicles (other than body building, panelbeating, spraypainting or suspension, transmission or chassis restoration), (e) a convenience store. "setting" of a heritage item means what you see when looking from the heritage item, which changes as you move around the item. It may vary from the surrounding garden and field of a country house to the pavement, landscape, streetscape, backdrop and visual catchment of an urban building. "shop" means a building or place used for selling items, whether by retail or auction, or for hiring or displaying items for the purpose of selling or hiring them (whether the items are goods or materials), but (in the Table to clause 11) does not include a building or place elsewhere specifically defined in this Schedule. "site area", in relation to development, means the area of land to which an application for consent to carry out the development relates, excluding any land on which the development is not permitted by this plan. "statement of heritage impact" for a heritage item is a statement identifying the significance of the heritage item and assessing and justifying the impact that proposed development will have on the significance of the heritage item, including its curtilage and setting. A statement of heritage impact is to be prepared with reference to a conservation management plan or a conservation policy, where such documents have been previously prepared. "terrace house" means three or more attached dwellings facing the street with each having: (a) a common wall or walls with the adjoining dwelling or dwellings, and (b) vehicle access at the rear of the allotment on which the dwellings are located. "terrace houses" means three or more attached dwellings facing the street with each having: (a) a common wall or walls with the adjoining dwelling or dwellings, and (b) vehicle access at the rear of the allotment. "the Act" means the Environmental Planning and Assessment Act 1979. "the corporation" means the corporation constituted by section 8 (1) of the Act. "the map" means the series of maps marked “ Bankstown Local Environmental Plan 2001 ”, deposited in the office of the Council, as amended by the maps (or, if sheets of maps are specified, by the specified sheets of maps) marked as follows: Note: The amending maps are not necessarily listed in the order of gazettal or publication on the NSW legislation website. Information about the order of gazettal or publication can be determined by referring to the Historical notes at the end of the plan. Bankstown Local Environmental Plan 2001 (Amendment No 2) Bankstown Local Environmental Plan 2001 (Amendment No 3) Bankstown Local Environmental Plan 2001 (Amendment No 6) Bankstown Local Environmental Plan 2001 (Amendment No 8) Bankstown Local Environmental Plan 2001 (Amendment No 9) Bankstown Local Environmental Plan 2001 (Amendment No 12) —Sheet 1 Bankstown Local Environmental Plan 2001 (Amendment No 15) Bankstown Local Environmental Plan 2001 (Amendment No 16) Bankstown Local Environmental Plan 2001 (Amendment No 18) Bankstown Local Environmental Plan 2001 (Amendment No 19) —Sheet 1 Bankstown Local Environmental Plan 2001 (Amendment No 21) —Sheet 1 Bankstown Local Environmental Plan 2001 (Amendment No 22) —Sheet 1 Bankstown Local Environmental Plan 2001 (Amendment No 24) —Sheet 1 Bankstown Local Environmental Plan 2001 (Amendment No 25) —Sheets 1 and 2 Bankstown Local Environmental Plan 2001 (Amendment No 26) Bankstown Local Environmental Plan 2001 (Amendment No 28) Bankstown Local Environmental Plan 2001 (Amendment No 32) —Sheet 1 Bankstown Local Environmental Plan 2001 (Amendment No 33) —Sheet 1 Bankstown Local Environmental Plan 2001 (Amendment No 34) —Sheet 1 Bankstown Local Environmental Plan 2001 (Amendment No 35) —Sheet 1 Bankstown Local Environmental Plan 2001 (Amendment No 38) —Sheet 1 Bankstown Local Environmental Plan 2001 (Amendment No 39) —Sheet 1 Bankstown Local Environmental Plan 2001 (Amendment No 43) —Sheet 1 "transport depot" means a building or place used for the parking or storage of motor powered or motor drawn vehicles used in connection with a passenger transport undertaking, business, industry or shop. "utility installation" means a building or work used by a utility undertaking, but does not include a building designed wholly or principally as administrative or business premises or as a showroom. "utility undertaking" means any undertaking carried on by, or by authority of, a public authority or in pursuance of any Commonwealth or State Act, for the purpose of: (a) railway, road, water or air transport, or wharf or river undertakings, or (b) the provision of sewerage or drainage services, or (c) the supply of water, hydraulic power, electricity or gas. "vacant land" means land on which, immediately before the day on which a notice requiring its acquisition is given under this plan, there were no buildings other than fences, greenhouses, conservatories, garages, summer houses, private boathouses, fuel sheds, toolsheds, cycle sheds, aviaries, milking bails, hay sheds, stables, fowl houses, pig sties, barns or the like. "vehicle body repair workshop" means a building or place used for the repair of vehicles or agricultural machinery, involving body building, panel beating or spray painting. "vehicle repair station" means a building or place used for the purpose of carrying out repairs or selling and fitting of accessories to vehicles or agricultural machinery. "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. "villas" means three or more dwellings on a site sharing part of the site for access or open space or site facilities. "warehouse or distribution centre" means a building or place used for storing, holding or displaying items (whether goods or materials) which have been produced or manufactured for sale, other than retail sale to the public from the building or place. "waste disposal" means landfilling which involves the filling of land with: (a) sludge, or (b) putrescible waste, or (c) waste that includes any substance classified in the Australian Dangerous Goods Code or medical, cytotoxic or quarantine waste. "water body" means: (a) a natural water body, including: (i) a lake or lagoon either naturally formed or artificially modified, or (ii) a river or stream, whether perennial or intermittent, flowing in a natural channel with an established bed or in a natural channel artificially modifying the course of the river or stream, or (iii) tidal waters, including any bay, estuary or inlet, or (b) an artificial water body, including any constructed waterway, canal, inlet, bay, channel, dam, pond or lake, but does not include a dry detention basin or other construction that is only intended to hold water intermittently. "wetland" means: (a) natural wetland, which includes marshes, mangroves, backwaters, billabongs, swamps, sedgelands, wet meadows or wet heathlands that form a shallow water body (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, which includes marshes, swamps, wet meadows, sedgelands or wet heathlands that form a shallow water body (up to 2 metres in depth) when inundated cyclically, intermittently or permanently with water, and that are constructed from and vegetated with wetland plant communities. BANKSTOWN LOCAL ENVIRONMENTAL PLAN 2001 - SCHEDULE 2 SCHEDULE 2 – Additional uses (Clause 13 (8)) _____________________________________________________________________________ |Item No|Property description |Development for the purpose of, or| |_____________________________________________________________________________| |1 |Lots A–C, DP 412285, Nos |Motor showrooms | |_____________________________________________________________________________| | |Lot 12, DP 24079, No 852 Hume | | |2 |Highway, Bass Hill, and Lot 82, DP|Dwelling house | | |207516, No 860 Hume Highway, Bass | | |_____________________________________________________________________________| |3 |Nos 908–966 Hume Highway, Bass |Motel | |_____________________________________________________________________________| | | |Hotel and newsagency where the | | | |newsagency occupation is limited | | | |to that area of the land that was | | | |occupied by a bottle shop on 27 | | | |April 2001, and is not used for | | | |the purpose of displaying, or | | | |making available for sale or | | | |rental, material (whether | | | |literature, video, film or goods | | | |or articles) used or intended for | | | |use in connection with sexual | | | |behaviour and classified or | | | |refused classification under the | | |Lots 4–8, 35 and 36, DP 12936, |Classification (Publications, | |4 |No 56 Clapham Road, Sefton |Films and Computer Games) Act 1995| | | |of the Commonwealth or to which | | | |section 578E of the Crimes Act | | | |1900 applies. For the purposes of | | | |this item, "newsagency" means a | | | |business that sells by retail any | | | |of the following items only (and | | | |not, for example, general grocery | | | |or convenience items):(a) | | | |newspapers, magazines, books,(b) | | | |stationery,(c) confectionary, non-| | | |alcoholic drinks,(d) tobacco,(e) | | | |lottery tickets and other products| | | |of NSW Lotteries,(f) children’s | |_____________________________________________________________________________| | |Lots A and B, DP 355003, Lot 119, | | | |DP 389833, Lots 110 and 122, DP | | |5 |332218, Lot 15, DP 665317 and Lot |Boarding-house | | |16, DP 665316, No 6 Kerrinea Road,| | |_____________________________________________________________________________| | |Lots 1 and 2, DP 13922, Shellcote |Car parking, in association with | |6 |Road, Greenacre |the use of the adjoining land as a| |_____________________________________________________________________________| |7 |Lot 3, DP 1008977, No 2 The River |Drive-in take-away restaurant | |_____________________________________________________________________________| | |Land, being Roberts Park, Lot 1, | | |8 |DP 191879, No 35 Waterloo Road, |Child care centre | |_____________________________________________________________________________| | | |Access and carparking for customer| |9 |Part of Lot 1 and Lot 3, DP |and employee vehicles in | | |386055, No 90 Uranus Road, Revesby|association with the use of the | |_____________________________________________________________________________| | |Lots 1 and 2, 132536, Lot 1, DP | | |10 |430451, Lot 1, DP 337134 and Lot |Service station | | |1, DP 337136, No 416 Hume Highway,| | |_____________________________________________________________________________| |11 |Lot 15, DP 15217, No 17 Sir Joseph|Child care centre | |_____________________________________________________________________________| |12 |Nos 30–62 Meredith Street, |Medical centre | |_____________________________________________________________________________| |13 |Lot A, DP 375000, No 251 Hume |Motor showroom | |_____________________________________________________________________________| |_____________________________________________________________________________| | |Lot 67, DP 587578, Lot B, DP | | |15 |396903 and part of Lot 7, DP |Vehicle wash facility | | |183929, Nos 43–45A Kitchener | | |_____________________________________________________________________________| | |Lots 1 and 2, DP 132536, Lot 1, DP| | |16 |337134, Lot 1, DP 337136 and Lot |Motor showroom | | |1, DP 430451, Nos 416–418 Hume | | |_____________________________________________________________________________| | | |Educational establishment and | | | |ancillary community uses, if the | | | |consent authority is satisfied | | | |that measures have been | |17 |Lot 5, DP 21523, No 51 St Georges |incorporated into the development | | |Crescent, Georges Hall |to enable it to meet Australian | | | |Standard AS 2021—2000, | | | |Acoustics—Aircraft noise | | | |intrusion—Building siting and | |_____________________________________________________________________________| | | |Healthcare practice comprised of a| | | |number of rooms forming either the| | | |whole or part of, attached to or | | | |within the curtilage of a dwelling| |18 |Lot B, DP 100603, No 525 Hume |house and used or intended for use| | |Highway, Yagoona |by not more than three persons | | | |practising as legally qualified | | | |medical practitioners or dentists | | | |within the meaning of the Dentists| |_____________________________________________________________________________| | |Lot 154, DP 752013, No 217 | | | |Bransgrove Road, Panania and Part | | |19 |Lot 25, DP 4804, Lots 26 and 27, |Waste and recycling centre | | |DP 4804 and Lot B, DP 418953, No | | |_____________________________________________________________________________| | | |Mixed commercial and residential | | |Lots 1–5, DP 309748, Nos 1–3 |development (comprising ground | | |Sir Joseph Banks Street, Bankstown|floor commercial uses and | |20 |and Nos 31–35 Rickard Road, |residential uses on the remaining | | |Bankstown |levels) on a consolidated parcel | | | |of lots. The floor space ratio is | |_____________________________________________________________________________| | |Nos 342–364 Hume Highway, | | | |Bankstown and Nos 2–8 George | | | |Street, Yagoona and Nos 2–24 |Bulky goods complex. The gross | | |Rookwood Road, Bankstown and |floor area of a bulky goods | |21 |Yagoona, being Lot 1 DP 574065, |salesroom or showroom in a bulky | | |Lot 100 DP 716564, Lot 1 DP |goods complex is to be at least | | |599460, Lots 11 and 12 DP 16887, |500 square metres. | | |Lots 1–17, DP 16667 and Lots | | | |10–12, DP 872968, No 18 George | | |_____________________________________________________________________________| | |Nos 9–71 Chapel Road, Nos 7–43| | | |Hoskins Avenue, Nos 2–32 | | | |Clements Avenue and Nos 151–173 | | | |Canterbury Road, Bankstown, being | | | |Lot 1 DP 1036664, Lots E–L DP | | | |13391, Lot A DP 317585, Lot B DP | | | |367415, Lot 2 DP 350706, Lots 1, 2|Bulky goods complex. The gross | | |and 4 DP 17159, Lots 101 and 102 |floor area of a bulky goods | |22 |DP 1008066, Lot 1 DP 122132, Lot |salesroom or showroom in a bulky | | |10 DP 571899, Lots 60, 61, |goods complex is to be at least | | |67–70, 75, 76 and 78 DP 13506, |500 square metres. | | |Lot 79 DP 626469, Lot 171 DP | | | |537394, Lot A DP 374843, Lot 1 DP | | | |572478, Lot 2 DP 707642, Lots | | | |11–17 and 26–32 DP 730034, Lot| | | |100 DP 816803 and Lot 210 DP | | |_____________________________________________________________________________| |23 |Lot 1 DP 873629, No 2 Carysfield |Refreshment room and tavern | |_____________________________________________________________________________| |24 |Lot 10 DP 731859, No 56 Prescott |Hotel use in conjunction with | |_____________________________________________________________________________| | | |High-tech industry—being an | | | |enterprise:(a) that has as its | | | |primary function the manufacture, | | | |development, production, | | | |processing or assembly of, or | | | |research into, any of the | | | |following:(i) electronic and | | | |microelectronic systems and goods | | | |and components,(ii) information | | | |technology, computer software and | | | |hardware,(iii) instrumentation and| | |Lots 1 and 2, DP 872124, known as |instruments,(iv) biological, | | |52 and 60 Roberts Road, Greenacre,|pharmaceutical, medical or | |25 |as shown edged heavy black on the |paramedical systems, goods and | | |map marked “ Bankstown Local |components,(v) other goods, | | |Environmental Plan 2001 (Amendment|systems and components intended | | |No 10) ” |for use in science and technology,| | | |and(b) that does not interfere | | | |with the amenity of the | | | |neighbourhood by reason of the | | | |emission of noise, vibration, | | | |smell, fumes, smoke, vapour, | | | |steam, soot, ash, waste water, | | | |waste products, grit or oil or | | | |otherwise.The maximum floor space | | | |ratio for buildings used for the | | | |purpose of high-tech industry is | |_____________________________________________________________________________| | |Lots A–C, DP 319337 and Lot 4, | | | |DP 5675, No 42 Northam Avenue, | | | |Bankstown, and known as the | | | |Brandon Avenue carpark and Lot 12,| | |26 |DP 861164, No 4A Olympic Parade, |Entertainment facilities | | |Bankstown, and known as Griffith | | | |Park, as shown edged heavy black | | | |on Sheet 3 of the map marked “ | | | |Bankstown Local Environmental Plan| | |_____________________________________________________________________________| | |Land, being a pedestrian | | | |footbridge over the Hume Highway, | | |27 |adjacent to 424A and 425 Hume |Advertisements on the pedestrian | | |Highway, Yagoona (Lot 2, DP |footbridge | | |1031913 and Lot 2, DP 785952, | | |_____________________________________________________________________________| | |Lot 1, DP 1128871, Lot 1, DP | | | |91976, Lot 1, DP 184924, Lot 1, DP| | | |91978 and Lot 1, DP 187177, Nos 5 | | | |and 7 Olympic Parade, Bankstown | | | |(located on the northern side of | | |28 |Olympic Parade), and known as the |Entertainment facilities | | |Bankstown Arts Centre, as shown | | | |edged heavy black on Sheet 3 of | | | |the map marked “ Bankstown Local| | | |Environmental Plan 2001 (Amendment| | |_____________________________________________________________________________| | |Lot 1, DP 184924, Lot 1, DP 91978 | | |29 |and Lot 1, DP 187177, 5 Olympic |Entertainment establishment | | |Parade, Bankstown, known as part | | |_____________________________________________________________________________| BANKSTOWN LOCAL ENVIRONMENTAL PLAN 2001 - SCHEDULE 3 SCHEDULE 3 – Development by public authorities (Clause 14) 1 Rail transport The carrying out by persons carrying on railway undertakings on land comprised in their undertakings of: (a) any development required in connection with the movement of traffic by rail, including the construction, reconstruction, alteration, maintenance and repair of ways, works and plant, and (b) the erection within the limits of a railway station of buildings for any purpose, but excluding: (c) the construction of new railways, railway stations and bridges over roads, and (d) the erection, reconstruction and alteration of buildings for purposes other than railway undertaking purposes outside the limits of a railway station and the reconstruction or alteration, so as materially to affect their design, of railway stations or bridges, and (e) the formation or alteration of any means of access to a road, and (f) the erection, reconstruction and alteration of buildings for purposes other than railway purposes where such buildings have direct access to a public place. 2 Water, sewerage, drainage, electricity and gas The carrying out by persons carrying on public utility undertakings, being water, sewerage, drainage, electricity or gas undertakings, of any of the following development, being development required for the purpose of their undertakings: (a) development of any description at or below the surface of the ground, (b) the installation of any plant inside a building or the installation or erection within the premises of a generating station or substation established before the appointed day of any plant or other structures or erections required in connection with the station or substation, (c) the installation or erection of any plant or other structures or erections by way of addition to, or replacement or extension of, plant or structures or erections already installed or erected, including the installation in an electrical transmission line of substations, feeder-pillars or transformer housing, but not including the erection of overhead lines for the supply of electricity or pipes above the surface of the ground for the supply of water, or the installation of substations, feeder-pillars or transformer housings of stone, concrete or brickworks, (d) the provision of overhead service lines in pursuance of any statutory power to provide a supply of electricity, (e) the erection of service reservoirs on land acquired or in the process of being acquired for the purpose before the appointed day, provided reasonable notice of the proposed erection is given to the Council, (f) routine maintenance and emergency works, (g) any other development, except: (i) the erection of buildings, the installation or erection of plant or other structures or erections and the reconstruction or alteration of buildings, so as materially to affect their design or external appearance, or (ii) the formation or alteration of any means of access to a road. 3 River transport The carrying out by persons carrying on utility undertakings, being wharf or river undertakings, on land comprised in their undertakings, of any development required for the purpose of shipping or in connection with the embarking, loading, discharging or transport of passengers, livestock or goods at a wharf or the movement of traffic by a railway forming part of the undertaking, including the construction, reconstruction, alteration, maintenance and repair of ways, buildings, works and plant for those purposes, except: (a) the construction of bridges, the erection of any other buildings, and the reconstruction or alteration of bridges or of buildings so as materially to affect their design or external appearance, or (b) the formation or alteration of any means of access to a road. 4 Air transport The carrying out by persons carrying on utility undertakings, being air transport undertakings, on land comprised in their undertakings within the boundaries of any aerodrome, of any development required in connection with the movement of traffic by air, including the construction, reconstruction, alteration, maintenance and repair of ways, buildings, wharves, works and plant required for that purpose, except: (a) the erection of buildings and the reconstruction or alteration of buildings so as materially to affect their design or external appearance, or (b) the formation or alteration of any means of access to a road. 5 Road transport The carrying out by persons carrying on utility undertakings, being road transport undertakings, on land comprised in their undertakings, of any development required in connection with the movement of traffic by roads, including the construction, reconstruction, alteration, maintenance and repair of buildings, works and plant required for that purpose, except: (a) the erection of buildings and the reconstruction or alteration of buildings so as materially to affect their design or external appearance, or (b) the formation or alteration of any means of access to a road. 6 Mines The carrying out by the owner or lessee of a mine (other than a mineral sands mine), on the mine, of any development required for the purpose of a mine, except: (a) the erection of buildings (not being plant or other structures or erections required for the mining, working, treatment or disposal of minerals) and the reconstruction, alteration or extension of buildings, so as materially to affect their design or external appearance, or (b) the formation of any means of access to a road. 7 Roads The carrying out of any development required in connection with the construction, reconstruction, improvement, maintenance or repair of any road, except the widening, realignment or relocation of such road. 8 Water resources The carrying out or causing to be carried out by the Council when engaged in flood mitigation works or by the Department of Land and Water Conservation of any work for the purposes of soil conservation, irrigation, afforestation, reafforestation, flood mitigation, water conservation or river improvement in pursuance of the provisions of the Water Act 1912, the Farm Water Supplies Act 1946, the Rivers and Foreshores Improvement Act 1948 or the Water Management Act 2000, except: (a) the erection of buildings, the installation or erection of plant or other structures or erections and the reconstruction or alteration of buildings so as materially to affect their design or external appearance, or (b) the formation or alteration of any means of access to a road. BANKSTOWN LOCAL ENVIRONMENTAL PLAN 2001 - SCHEDULE 4 SCHEDULE 4 – Classification or reclassification of public land (Clause 29) Part 1 ____________________________________________________________________________ |____________________________________________________________________________| | |Part of Lot 57, DP 10227, as shown edged heavy | |25 Arkley Street |black on the map marked “ Bankstown Local | |____________________________________________________________________________| | |Lot 12, DP 861164, No 4A Olympic Parade, | |Griffith Park |Bankstown, as shown edged heavy black on the map | | |marked “ Bankstown Local Environmental Plan No | |____________________________________________________________________________| | |Lot 15, DP 15217, as shown edged heavy black on | |17 Sir Joseph Banks Street|the map marked “ Bankstown Local Environmental | |____________________________________________________________________________| |____________________________________________________________________________| | |Koala Reserve, DP 11082, as shown edged heavy | |Koala Road |black on the map marked “ Bankstown Local | |____________________________________________________________________________| |____________________________________________________________________________| | |Lot 201, DP 850124, as shown edged heavy black on| |13 Ruthven Avenue |Sheet No 2 of the map marked “ Bankstown Local | |____________________________________________________________________________| Part 2 ___________________________________________________________________________ |___________________________________________________________________________| | |Part of Lot 6, DP 777510, as shown | |375 Chapel Road (part of) |coloured dark blue on the map marked | | |“ Bankstown Local Environmental Plan | |___________________________________________________________________________| |___________________________________________________________________________| | |Part of Lot 10, Lots 11–12 and part | | |of Lot 13, DP 11028 as shown edged | |Bankstown Showground (part of) |heavy black on the map marked “ | | |Bankstown Local Environmental Plan 2001| |___________________________________________________________________________| |___________________________________________________________________________| | |Part of Lot 12, DP 200115, as shown | | |edged heavy black on Sheet 3 of the map| |Fairland Reserve |marked “ Bankstown Local | | |Environmental Plan 2001 (Amendment No | |___________________________________________________________________________| |___________________________________________________________________________| | |Lots 22 and 24, DP 35611, as shown | |Marco Reserve |edged heavy black on the map marked “| | |Bankstown Local Environmental Plan 2001| |___________________________________________________________________________| |___________________________________________________________________________| | |Part of Gazzard Park, being Lots 5 and | | |6, DP 91951, Lot 17B, DP 413664, Lot 1,| | |DP 527134 and Lot 1, DP 433749, as | |176 Cooper Road |shown edged heavy black on Sheet 3 of | | |the map marked “ Bankstown Local | | |Environmental Plan 2001 (Amendment No | | |35) ”—Easement for electricity | |___________________________________________________________________________| | |Lot 16, DP 30851, as shown edged heavy | |Land at the corner of Powell Street|black on the map marked “ Bankstown | |and Patience Avenue |Local Environmental Plan 2001 | |___________________________________________________________________________| BANKSTOWN LOCAL ENVIRONMENTAL PLAN 2001 - SCHEDULE 5 SCHEDULE 5 – Land to be acquired by the corporation (Clauses 34 and 35) _____________________________________________________________ |_____________________________________________| |_____________________________________________________________| |_____________________________________________________________| |_____________________________________________________________| |_____________________________________________________________| |_____________________________________________________________| |_____________________________________________________________| |_____________________________________________________________| |_____________________________________________________________| |_____________________________________________________________| |_____________________________________________________________| |_____________________________________________________________| |_____________________________________________________________| |_____________________________________________________________| |_____________________________________________________________| |_____________________________________________________________| |_____________________________________________________________| |_____________________________________________________________| |_____________________________________________________________| |_____________________________________________________________| |_____________________________________________________________| |_____________________________________________________________| |_____________________________________________________________| |_____________________________________________________________| |_____________________________________________________________| |_____________________________________________________________| |_____________________________________________________________| |_____________________________________________________________| BANKSTOWN LOCAL ENVIRONMENTAL PLAN 2001 - SCHEDULE 6 SCHEDULE 6 – Heritage items (Schedule 1) Note: An asterisk (*) identifies an archaeological site. _____________________________________________________________________________ |_____________________________________________________________________________| | | | | | |Schwarzel | |77 |Anderson |Panania |A, B and C |35652 |Monument, 1937, | | |Avenue | | | |in library | |_____________________________________________________________________________| | | | |12 |733976 | | | | | |1 |121450 |Regents Park | |2a |Bagdad Road|Regents |1 |794886 |Primary School, | | | |Park |2 |794490 |1899 | | | | |1 |794886 | | |_____________________________________________________________________________| |102 |Bankstown |Bankstown |A and B |343521 |Bankstown Hotel, | |_____________________________________________________________________________| | |Bankstown | | | |Shop—original | |109 |City Plaza |Bankstown |1 |119533 |Accommodation | |_____________________________________________________________________________| |143 |Bankstown | | | |Bankstown Railway| |(Railway |City Plaza |Bankstown |20 |873506 |Station Platform | |_____________________________________________________________________________| |143 |Bankstown | | | |Bankstown Railway| |(Railway |City Plaza |Bankstown |20 |873506 |Platform | |_____________________________________________________________________________| |144B |Bankstown |Bankstown |1 |182368 |Bankstown Parcels| |_____________________________________________________________________________| | |Bullecourt | | | | | | |Avenue, | | | |Former Milperra | |(Road) |Fleurbaix |Milperra | | |Soldier | | |Avenue, | | | |Settlement | | |Ashford | | | | | |_____________________________________________________________________________| | |Catherine | |40 |8422 |“The Arches”,| |33 |Street |Punchbowl |Y |393602 |Arts and Crafts | |_____________________________________________________________________________| |346 |Chapel Road|Bankstown |1–3 |102240 |Rosen Chambers, | |_____________________________________________________________________________| |375 |Chapel Road|Bankstown |6 |777510 |Council Chambers,| |_____________________________________________________________________________| | | | |1 |314457 |Interwar brick | |525 |Chapel Road|Bankstown |51, Section|7058 |house, 1922 | |_____________________________________________________________________________| |574 |East Hills |East Hills|C |10546–2030|Caird’s Wharf* | |_____________________________________________________________________________| | |Edith |Lansdowne |277 |11759 |“Landsdowne”,| |_____________________________________________________________________________| |31 |Ferndale |Revesby |1 |212354 |“Ferndale | |_____________________________________________________________________________| | |Henry | |45–47 | |Cattle Duffer’s| |925 |Lawson |Revesby |Section 10 |Volume 7345 |Flat* in Georges | | |Drive | |Part |Folio 63 |River State | |_____________________________________________________________________________| | | | | | |“Allder’s | |49 |Hill Road |Birrong |B |400155 |Farmhouse”, | |_____________________________________________________________________________| | | | | | |Site of | |2A |Hume |Chullora |1 |547215 |Jackson’s | |2 |Highway | |12 |834734 |“Royal Arms | |_____________________________________________________________________________| | |Hume | |1 |744542 |Water Reservoir, | |300 |Highway |Bankstown |1 and 2 |834597 |at Stacey Street | |_____________________________________________________________________________| | | | | | |Site of Colls’ | |321 |Hume |Bankstown |3–5 |703355 |“Speed the | | |Highway | |A and B |347099 |Plough Inn” | |_____________________________________________________________________________| |347A |Hume | |12 |132512 |St Felix | |(Cemetery) |Highway |Bankstown |1 |132513 |Cemetery* | |_____________________________________________________________________________| | |Hume | | | |Shop—Meredith | |361 |Highway |Bankstown |5 |9522 |Street corner, | |_____________________________________________________________________________| | |Hume | | | |Shop—Meredith | |363 |Highway |Bankstown |3 |9522 |Street corner, | |_____________________________________________________________________________| | | | | | |Formerly J.B. | | |Hume | | | |Brancourt’s | |401 |Highway |Yagoona |D |392202 |garage | | | | | | |First car | |_____________________________________________________________________________| |656 |Hume |Yagoona | |SP 60927 |Site of the | |_____________________________________________________________________________| | |Hume | | | |Site of Pugh’s | |724–734 |Highway |Yagoona |25–38 |13125 |“Crooked Billet| |_____________________________________________________________________________| | | | | | |Milestone south | | | | | | |side, east of | |885 |Hume |Bass Hill |259 |230871 |Farrell Street | | |Highway | | | |(east) | | | | | | |“Sydney XV | |_____________________________________________________________________________| | | | | | |Milestone south | | | | | | |side, east of | |(Milestone)|Hume |Villawood | |11759 |Henry Lawson | | |Highway | | | |Drive | | | | | | |“Sydney XVI | |_____________________________________________________________________________| | |Johnson | | | |House, c 1900 in | |59 |Road |Bass Hill |2A |405520 |grounds of Crest | |_____________________________________________________________________________| |1A |Lionel |Georges |101 |827530 |Johnston | |_____________________________________________________________________________| | | | | | |Early Georgian | |1A |Lionel |Georges |101 |827530 |stone house | | |Street |Hall | | |“The | |_____________________________________________________________________________| | | |Chester | | |Westbridge | |76 |Miller Road|Hill |1 |538474 |Migrant Hostel | |_____________________________________________________________________________| |345 |Milperra |Georges |1–3 |623875 |Bankstown | |_____________________________________________________________________________| |2 |Mimosa Road|Greenacre |1 |170971 |Methodist hall, | |_____________________________________________________________________________| |25 |Old Kent |Greenacre |A |350074 |House | |_____________________________________________________________________________| | |Powell | | | |House, formerly a| |76–78 |Street |Yagoona |5 |25154 |convent and | |_____________________________________________________________________________| | |Regents | | | |Sefton Junction | | |Park |Regents |12 |10007007 |Sub-station and | | |Station |Park | | |signal box, c | |_____________________________________________________________________________| | |Restwell | |1 |516930 |Bankstown Primary| |61 |Street |Bankstown |2–7, |13167 |School, 1920’s | |_____________________________________________________________________________| |89 |Restwell |Bankstown |20 |13055 |WSHC house | |_____________________________________________________________________________| |201 | | | | |Site of Tower’s| |(Allder |Rodd Street|Sefton |2 and 3824 |430031 |“Ranah/The | |_____________________________________________________________________________| |50 |Rookwood |Yagoona |C |365541 |“Carinya”, | |_____________________________________________________________________________| | | | | | |Potts Hill | | | | | | |Reservoir | |146 |Rookwood |Yagoona |2 |225818 |including | | |Road | | | |Reservoirs Nos 1 | | | | | | |and 2, | |_____________________________________________________________________________| |290 |South |Bankstown |6 |525238 |First floor shop | |_____________________________________________________________________________| |26 |Stanley |Bankstown |1 |5993050 |Brick Baptist | |_____________________________________________________________________________| |2 |Sussman |Bass Hill |27 |31109 |“Carysfield | |_____________________________________________________________________________| | | | |17, 18, | | | | | | |21–24 and|2343 | | | |The River | |45–48, |122996 |Revesby Primary | |84 |Road |Revesby |Section 10 |181955 |School | | | | |1 |122996 | | | | | |1 | | | |_____________________________________________________________________________| | | | | | |“The Pah” | |4 |Tompson |Revesby |1 |777621 |Victorian house | | |Road | | | |rendered brick, c| |_____________________________________________________________________________| |10 |Vimy Street|Bankstown |46 |13055 |WSHC house | |_____________________________________________________________________________| |22 |Vimy Street|Bankstown |40 |13055 |WSHC house “The| |_____________________________________________________________________________| | | | |1 |169574 | | |105 |Waterloo |Greenacre |303 |820522 |Greenacre Public | | |Road | |39–44 and|11603 |School | |_____________________________________________________________________________| | |Waterloo | | | |Site of | |357 |Road |Greenacre |4 |601166 |Liebentritt’s | |_____________________________________________________________________________| |65 |William |Condell |A |403745 |Corner Store | |_____________________________________________________________________________| |141 |William |Bankstown |100 |792380 |West Bankstown | |_____________________________________________________________________________| | |1A | | | | | | |Woodville | | | | | | |Road/ | | | | | | |1 Campbell | | | | | | |Hill Road/ | |Part 1 | | | | |61A, 61B | |Part 1 |225815 | | | |and 61C | |A and B |225816 | | | |Priam | |2 and Part |328385 |Water pipeline | |Pipeline |Street/ |Bankstown |3 |225816 |along northern | | |7 Hector | |Part 1 |623945 |boundary 1885* | | |Street/ | |Part 1 |225817 | | | |1 and 2A | |Part 1 |610313 | | | |Chisholm | |Part 1 |745651 | | | |Road/1A | | | | | | |Auburn | | | | | | |Road/227 | | | | | | |Rookwood | | | | | |_____________________________________________________________________________| BANKSTOWN LOCAL ENVIRONMENTAL PLAN 2001 - SCHEDULE 7 SCHEDULE 7 – Exemption criteria for minor works to dwelling houses (Clause 37 (2)) 1 The erection of rear carports or garages located behind the line of the rear of a dwelling and with a roof to match the slope, colour, materials and form of the main roof of the dwelling, and with wall and door materials to be sympathetic to the dwelling. 2 The installation of skylights located in areas that are not visible from any part of the street and do not interfere with original interior features, such as walls, patterned ceilings and the symmetry of ceiling layouts. 3 Any development such as repainting, a different use resulting from a minor change of use, or minor internal modifications. 4 Such works as may be lawfully carried out only because of an order under section 139 (4) of the Heritage Act 1977. BANKSTOWN LOCAL ENVIRONMENTAL PLAN 2001 - SCHEDULE 8 SCHEDULE 8 – Land referred to in clause 45 (2) (Clause 45 (2)) _______________________________________________________ |_______________________________________________________| |_______________________________________________________| |_______________________________________________________| |_______________________________________________________| |_______________________________________________________| |_______________________________________________________| |_______________________________________________________| |_______________________________________________________| |_______________________________________________________| |_______________________________________________________| |_______________________________________________________| |_______________________________________________________| |_______________________________________________________| |_______________________________________________________| |_______________________________________________________| |_______________________________________________________| |_______________________________________________________| |_______________________________________________________| |_______________________________________________________| |_______________________________________________________| |_______________________________________________________| |_______________________________________________________| |_______________________________________________________| |_______________________________________________________| |_______________________________________________________| |_______________________________________________________| |_______________________________________________________| |_______________________________________________________| |_______________________________________________________| |_______________________________________________________| |_______________________________________________________| |_______________________________________________________| |_______________________________________________________| |_______________________________________________________| |_______________________________________________________| |_______________________________________________________| |_______________________________________________________| |_______________________________________________________| |_______________________________________________________| |_______________________________________________________| |_______________________________________________________| |_______________________________________________________| |_______________________________________________________| |_______________________________________________________| |_______________________________________________________| |_______________________________________________________| |_______________________________________________________| |_______________________________________________________| BANKSTOWN LOCAL ENVIRONMENTAL PLAN 2001 - SCHEDULE 9 SCHEDULE 9 – Special requirements for particular sites (Clause 36A) _____________________________________________________________________________ |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |Lots A–C, DP 319337 and Lot 4, DP | | |5675 (42 Northam Avenue, Bankstown), | | |and known as the Brandon Avenue |The consent authority must be | |carpark, as shown distinctively |satisfied that the height of any | |coloured, edged heavy black and |building on the land will not exceed | |lettered “K” on Sheet 4 ( "the |the maximum height shown (in metres) | |building height map") of the map |for the land on the building height | |marked “ Bankstown Local |map above natural ground level. | |Environmental Plan 2001 (Amendment No | | |_____________________________________________________________________________| |Lot 81, DP 8448 and Lots 1–4, DP | | |306558 (1–9 Leonard Street, | | |Bankstown) and Lots 10–13, DP 11718 |The consent authority must be | |(74–80 Restwell Street, Bankstown), |satisfied that the height of any | |as shown distinctively coloured, edged|building on the land will not exceed | |heavy black and lettered “Q” on |the maximum height shown (in metres) | |Sheet 4 ( "the building height map") |for the land on the building height | |of the map marked “ Bankstown Local |map above natural ground level. | |Environmental Plan 2001 (Amendment No | | |_____________________________________________________________________________| |Lots 1–3, DP 11718 (32–36 Stanley | | |Street, Bankstown), as shown |The consent authority must be | |distinctively coloured, edged heavy |satisfied that the height of any | |black and lettered “T2” on Sheet 4|building on the land will not exceed | |( "the building height map") of the |the maximum height shown (in metres) | |map marked “ Bankstown Local |for the land on the building height | |Environmental Plan 2001 (Amendment No |map above natural ground level. | |_____________________________________________________________________________| |Lots A and B, DP 398156 (70 and 74 | | |North Terrace, Bankstown), and being | | |part of the North Terrace road | | |reserve, Lot 2, DP 615638 (5 West | | |Terrace, Bankstown), and known as the |The consent authority must be | |West Terrace carpark, Lot 2, DP 603705|satisfied that the height of any | |(7 West Terrace, Bankstown) and |building on the land will not exceed | |Terrace Lane road reserve, Bankstown, |the maximum height shown (in metres) | |as shown distinctively coloured, edged|for the land on the building height | |heavy black and lettered “U” on |map above natural ground level. | |Sheet 4 ( "the building height map") | | |of the map marked “ Bankstown Local | | |Environmental Plan 2001 (Amendment No | | |_____________________________________________________________________________| |Part of Lot 6, DP 777510 (375 Chapel | | |Road, Bankstown), and known as the | | |Bankstown City Council Chambers and | | |part of the road reserve on the | | |northern side of The Mall, Bankstown |The consent authority must be | |and Lot 9, DP 777510 (62 The Mall, |satisfied that the height of any | |Bankstown), and known as the Bankstown|building on the land will not exceed | |Library as shown distinctively |the maximum height shown (in metres) | |coloured, edged heavy black and |for the land on the building height | |lettered “V” on Sheet 4 ( "the |map above natural ground level. | |building height map") of the map | | |marked “ Bankstown Local | | |Environmental Plan 2001 (Amendment No | | |_____________________________________________________________________________| |Lot 2, DP 192509 (324 Hume Highway), |The consent authority must be | |Lot 2, DP 594277 (326 Hume Highway), |satisfied that the height of any | |Lot 1, DP 574065 (342 Hume Highway), |building on the land will not exceed: | |Lot 100, DP 716564 (348 Hume Highway),|(a) except as provided in paragraph | |Lot 1, DP 599460 (350 Hume Highway) |(b), the maximum height shown (in | |and Lots 11 and 12, DP 1688 (364 Hume |metres) for the land on the building | |Highway), being land within the |height map above natural ground level,| |Rookwood Road Precinct, as shown |and(b) in respect of land within Zone | |distinctively coloured on Sheet 3 |3 (c), 11 metres above natural ground | |( "the building height map") of the |level, if the development does not | |map marked “ Bankstown Local |consolidate all adjoining lots shown | |Environmental Plan 2001 (Amendment No |edged heavy blue on the building | |_____________________________________________________________________________| |_____________________________________________________________________________| | |The consent authority must be | | |satisfied that noise mitigation | | |measures to control aircraft noise | |64 Johnston Road/1 Arundle Road |have been incorporated into the | | |development so that the development | | |complies with AS 2021—2000Aircraft | | |noise intrusion—Building siting and | |_____________________________________________________________________________| |_____________________________________________________________________________| |Part of Lot 10, Lots 11–12 and part |The consent authority must be | |of Lot 13, DP 11028 as shown edged |satisfied that the height of any | |heavy black on the map marked “ |building on the land will not exceed | |Bankstown Local Environmental Plan |10 metres above natural ground level. | |_____________________________________________________________________________| |_____________________________________________________________________________| |Lots 3, 2 and 1, DP 14864 (13, 15 and | | |17 Boronia Road, respectively) and Lot|The consent authority must be | |A, DP 403152 (19 Boronia Road), as |satisfied that the height of any | |shown edged heavy black on Sheet 3 of |building on the land will not exceed 3| |the map marked “ Bankstown Local |storeys above natural ground level. | |Environmental Plan 2001 (Amendment No | | |_____________________________________________________________________________| |_____________________________________________________________________________| | |The consent authority must consider | | |whether the proposed development of | |20–28A Auburn Road and 1–8 and 17 |the land will cause any significant | |Gunya Street |adverse environmental noise or air | | |impacts to the residential or | | |educational land uses in the vicinity | |_____________________________________________________________________________| | |The consent authority must be | | |satisfied that mitigation measures to | | |control road and rail noise and | | |vibration have been incorporated into | | |the development so that the | | |development complies with the | | |following:(a) AS/NZS 2107:2000, | | |Acoustics—Recommended design sound | | |levels and reverberation times for | | |building interiors,(b) AS 3671—1989,| | |Acoustics—Road traffic noise | | |intrusion—Building siting and | |30–46 Auburn Road |construction,(c) BS 6472:1992, Guide | | |to evaluation of human exposure to | | |vibration in buildings (I Hz to 80 | | |Hz),(d) Environmental criteria for | | |road traffic noise (an Environment | | |Protection Authority document | | |published in May 1999),(e) Interim | | |Guidelines for Councils: Consideration| | |of Rail Noise and Vibration in the | | |Planning Process (a joint document of | | |the Rail Infrastructure Corporation | | |and the State Rail Authority published| |_____________________________________________________________________________| |_____________________________________________________________________________| | |The consent authority must be | | |satisfied that the height of any | | |building on the land will not exceed: | | |(a) except as provided in paragraph | |Lot 10, DP 1059344 (20 Blamey Street),|(b), 4 storeys above natural ground | |Lot 10, DP 839724 (30 Blamey Street), |level, and(b) in respect of land that | |Lot 1, DP 380310 (2A Brett Street) and|is:(i) more than 25 metres, but less | |Lot 2, DP 552227 (10 Tarro Avenue), as|than 60 metres, from the frontage to | |shown edged heavy black on Sheet 1 of |Dixon Lane, Revesby, and(ii) more than| |the map marked “ Bankstown Local |10 metres from the frontage to | |Environmental Plan 2001 (Amendment No |Macarthur Avenue, Revesby,8 storeys | |21) ” |above natural ground level.State | | |Environmental Planning Policy No | | |1—Development Standards does not | | |apply to the height controls set out | |_____________________________________________________________________________| |_____________________________________________________________________________| | |The consent authority must be | | |satisfied that noise mitigation | | |measures to control rail noise have | | |been incorporated into the development| | |so that the development complies with | | |AS/NZS 2107:2000, | |82 Allum Street |Acoustics—Recommended design sound | | |levels and reverberation times for | | |building interiors and the rail noise | | |criteria set out in Chapter 163 of the| | |Environment Protection Authority’s | | |publication titled Environmental Noise| |_____________________________________________________________________________| |Lots 3–16, DP 12705 (100–126 | | |Caldwell Parade), Lots 16–19, DP | | |12360 (1–7 Palomar Parade), Lot B, | | |DP 373019 (7 Palomar Parade), Lots 20 | | |and 21, DP 12360 (293–295 Cooper | | |Road), SP 63801 (297 Cooper Road), | | |Lots 1–6, DP 19650 (1–11 The | | |Crescent), Lots 2–5, DP 18310 |The consent authority must be | |(143–149 Highland Avenue), Lot 1, DP|satisfied that the height of any | |617441 (151 Highland Avenue), Lot 2, |building on the land will not exceed | |DP 844522 (125 Dutton Street), Church |the height controls set out on the | |Lane, and Lots 5 and 6, DP 91951, Lot |height control map. | |17B, DP 413664, Lot 1, DP 527134 and | | |Lot 1, DP 433749 (part of Gazzard | | |Park, 176 Cooper Road), as shown | | |distinctively coloured and edged heavy| | |black on Sheet 4 of the map marked “| | |Bankstown Local Environmental Plan | | |2001 (Amendment No 35) ” ( "the | | |_____________________________________________________________________________| |Lots 1–4, DP 16667 (2–8 George | | |Street), Lots 10–12, DP 872968 (18 | | |George Street), Lots 1 and 2, DP |The consent authority must be | |599124 (24A and 24B George Street), |satisfied that the height of any | |Lots 20–24, DP 13124 (26–34 George|building on the land will not exceed: | |Street), Lot 22, DP 849421 (1 Kearns |(a) except as provided in paragraph | |Lane), Lots 5–17, DP 16667 (2–24 |(b), the maximum height shown (in | |Rookwood Road), Lot 21, DP 849421 (1 |metres) for the land on the building | |The Boulevarde), SP 48560 (3 The |height map above natural ground level,| |Boulevarde), SP 48559 (3A The |and(b) in respect of land within Zone | |Boulevarde), Lots 25 and 26, DP 13124 |3 (c), 11 metres above natural ground | |(5–7 The Boulevarde), being land |level, if the development does not | |within the Rookwood Road Precinct, as |consolidate all adjoining lots shown | |shown distinctively coloured on Sheet |edged heavy blue on the building | |3 ( "the building height map") of the |height map into a single lot. | |map marked “ Bankstown Local | | |Environmental Plan 2001 (Amendment No | | |_____________________________________________________________________________| BANKSTOWN LOCAL ENVIRONMENTAL PLAN 2001 - SCHEDULE 10 SCHEDULE 10 – Land referred to in clauses 45 (3) and 46 (11) (Clauses 45 (3) and 46 (11)) ____________________________________________ |____________________________________________| |____________________________________________| |____________________________________________| |____________________________________________| |____________________________________________| |____________________________________________| |____________________________________________| |____________________________________________| |____________________________________________| |____________________________________________| |____________________________________________| |____________________________________________| |____________________________________________| |____________________________________________| |____________________________________________| |____________________________________________| |____________________________________________| |____________________________________________| |____________________________________________| |____________________________________________| |____________________________________________| |____________________________________________| |____________________________________________| |____________________________________________| 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|____________________________________________| |____________________________________________| |____________________________________________| |____________________________________________| |____________________________________________| |____________________________________________| |____________________________________________| |____________________________________________| |____________________________________________| |____________________________________________| |____________________________________________| |____________________________________________| |____________________________________________| |____________________________________________| |____________________________________________| |____________________________________________| |____________________________________________| |____________________________________________| |____________________________________________| |____________________________________________| |____________________________________________| |____________________________________________| |____________________________________________| |____________________________________________| |____________________________________________| |____________________________________________| |____________________________________________| |____________________________________________| |____________________________________________| |____________________________________________| |____________________________________________| |____________________________________________| |____________________________________________| |____________________________________________| |____________________________________________| |____________________________________________| |____________________________________________| |____________________________________________| |____________________________________________| |____________________________________________| |____________________________________________| |____________________________________________| |____________________________________________| |____________________________________________| |____________________________________________| |____________________________________________| |____________________________________________| |____________________________________________| |____________________________________________| |____________________________________________| |____________________________________________| |____________________________________________| |____________________________________________| |____________________________________________| |____________________________________________| |____________________________________________| |____________________________________________| |____________________________________________| |____________________________________________| |____________________________________________| |____________________________________________| |____________________________________________| |____________________________________________| |____________________________________________| |____________________________________________| |____________________________________________| |____________________________________________| |____________________________________________| |____________________________________________| |____________________________________________| |____________________________________________| |____________________________________________| |____________________________________________| |____________________________________________| |____________________________________________| |____________________________________________| |____________________________________________| |____________________________________________| |____________________________________________| |____________________________________________| |____________________________________________| |____________________________________________| |____________________________________________| |____________________________________________| |____________________________________________| |____________________________________________| |____________________________________________| |____________________________________________| |____________________________________________| |____________________________________________| |____________________________________________| |____________________________________________| |____________________________________________| |____________________________________________| |____________________________________________| |____________________________________________| |____________________________________________| |____________________________________________| |____________________________________________| |____________________________________________| |____________________________________________| BANKSTOWN LOCAL ENVIRONMENTAL PLAN 2001 - NOTES Historical notes The following abbreviations are used in the Historical notes: ______________________________________________________________________ |______________________________________________________________________| |______________________________________________________________________| |______________________________________________________________________| |______________________________________________________________________| |______________________________________________________________________| |______________________________________________________________________| |______________________________________________________________________| Table of amending instrumentsBankstown Local Environmental Plan 2001 published in Gazette No 87 of 17.5.2002, p 2977 and amended as follows: Bankstown Local Environmental Plan 2001 (Amendment No 2) (GG No 111 of 5.7.2002, p 5116) Bankstown Local Environmental Plan 2001 (Amendment No 1)—Revesby Urban Village (GG No 125 of 2.8.2002, p 5794) Bankstown Local Environmental Plan 2001 (Amendment No 6) (GG No 163 of 4.10.2002, p 8594) Bankstown Local Environmental Plan 2001 (Amendment No 8) (GG No 225 of 22.11.2002, p 9899) Bankstown Local Environmental Plan 2001 (Amendment No 13) (GG No 225 of 22.11.2002, p 9903) Bankstown Local Environmental Plan 2001 (Amendment No 3) (GG No 25 of 24.1.2003, p 482) Bankstown Local Environmental Plan 2001 (Amendment No 9) (GG No 138 of 12.9.2003, p 9250) Bankstown Local Environmental Plan 2001 (Amendment No 15) (GG No 138 of 12.9.2003, p 9253) Bankstown Local Environmental Plan 2001 (Amendment No 16) (GG No 8 of 9.1.2004, p 115) Bankstown Local Environmental Plan 2001 (Amendment No 5) (GG No 75 of 23.4.2004, p 2169) State Environmental Planning Policy (Repeal of Concurrence and Referral Provisions) 2004 (GG No 201 of 17.12.2004, p 9590) Bankstown Local Environmental Plan 2001 (Amendment No 18) (GG No 25 of 11.2.2005, p 341) Bankstown Local Environmental Plan 2001 (Amendment No 10) (GG No 32 of 11.3.2005, p 707) _____________________________________________________________________________ | | |Bankstown Local Environmental Plan 2001 (Amendment No | |2005|(138)|12). GG No 42 of 8.4.2005, p 1270. | | | | | |_____________________________________________________________________________| | | |Bankstown Local Environmental Plan 2001 (Amendment No | | |(139)|22). GG No 42 of 8.4.2005, p 1275. | | | | | |_____________________________________________________________________________| | | |Bankstown Local Environmental Plan 2001 (Amendment No | | |(330)|27). GG No 81 of 1.7.2005, p 3432. | | | | | |_____________________________________________________________________________| | | |Bankstown Local Environmental Plan 2001 (Amendment No | | |(869)|24). GG No 166 of 23.12.2005, p 11625. | | | | | |_____________________________________________________________________________| | | |Bankstown Local Environmental Plan 2001 (Amendment No | |2006|(44) |26). GG No 19 of 10.2.2006, p 784. | | | | | |_____________________________________________________________________________| | | |Bankstown Local Environmental Plan 2001 (Amendment No | | |(66) |36). GG No 27 of 24.2.2006, p 947. | | | | | |_____________________________________________________________________________| | | |Bankstown Local Environmental Plan 2001 (Amendment No | | |(98) |32). GG No 32 of 10.3.2006, p 1205. | | | | | |_____________________________________________________________________________| | | |Bankstown Local Environmental Plan 2001 (Amendment No | | |(139)|20). GG No 40 of 31.3.2006, p 1632. | | | | | |_____________________________________________________________________________| | | |Bankstown Local Environmental Plan 2001 (Amendment No | | |(408)|31). GG No 93 of 21.7.2006, p 5778. | | | | | |_____________________________________________________________________________| | | |Bankstown Local Environmental Plan 2001 (Amendment No | | |(540)|21). GG No 111 of 1.9.2006, p 7779. | | | | | |_____________________________________________________________________________| | | |Bankstown Local Environmental Plan 2001 (Amendment No | | |(541)|28). GG No 111 of 1.9.2006, p 7783. | | | | | |_____________________________________________________________________________| | | |Bankstown Local Environmental Plan 2001 (Amendment No | | |(542)|34). GG No 111 of 1.9.2006, p 7793. | | | | | |_____________________________________________________________________________| | | |Bankstown Local Environmental Plan 2001 (Amendment No | | |(560)|17). GG No 114 of 8.9.2006, p 7901. | | | | | |_____________________________________________________________________________| | | |Bankstown Local Environmental Plan 2001 (Amendment No | | |(612)|33). GG No 122 of 6.10.2006, p 8672. | | | | | |_____________________________________________________________________________| | | |Bankstown Local Environmental Plan 2001 (Amendment No | | |(699)|25). GG No 168 of 1.12.2006, p 10149. | | | | | |_____________________________________________________________________________| | | |Bankstown Local Environmental Plan 2001 (Amendment No | |2007|(316)|37). GG No 83 of 29.6.2007, p 4227. | | | | | |_____________________________________________________________________________| | | |Bankstown Local Environmental Plan 2001 (Amendment No | | |(482)|38). GG No 127 of 21.9.2007, p 7237. | | | | | |_____________________________________________________________________________| | | |Bankstown Local Environmental Plan 2001 (Amendment No | | |(483)|39). GG No 127 of 21.9.2007, p 7241. | | | | | |_____________________________________________________________________________| | | |Bankstown Local Environmental Plan 2001 (Amendment No | |2008|(91) |42). GG No 40 of 4.4.2008, p 2604. | | | | | |_____________________________________________________________________________| | | |State Environmental Planning Policy (Repeal of Concurrence and | | |(571)|Referral Provisions) 2008. GG No 157 of 12.12.2008, p 11946. | | | | | |_____________________________________________________________________________| | | |Bankstown Local Environmental Plan 2001 (Amendment No | |2009|(459)|19). LW 11.9.2009. | | | | | |_____________________________________________________________________________| | | |Bankstown Local Environmental Plan 2001 (Amendment No | | |(527)|35). LW 6.11.2009. | | | | | |_____________________________________________________________________________| | | |Bankstown Local Environmental Plan 2001 (Amendment No | |2010|(282)|43). LW 25.6.2010. | | | | | |_____________________________________________________________________________| | | |State Environmental Planning Policy (Major Development) | | |(631)|Amendment (Transfer of Planning Controls) 2010. LW 12.11.2010. | | | | | |_____________________________________________________________________________| | | |Bankstown Local Environmental Plan 2001 (Amendment No | | |(666)|45). LW 3.12.2010. | | | | | |_____________________________________________________________________________| | | |State Environmental Planning Policy | |2011|(511)|(State and Regional Development) 2011. LW 28.9.2011. | | | | | |_____________________________________________________________________________| Table of amendments _____________________________________________________________________________ |_____________________________________________________________________________| |Cl 9 |Am 2006 (560), Sch 1 [1] [2]; 2011 (511), | |_____________________________________________________________________________| |Cl 10 |Am 2006 (560), Sch 1 [3] [4]; 2011 (511), | |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| | |Am 2.8.2002; 9.1.2004; 2005 (139), Sch 1 | |Cl 46 |[1]; 2006 (541), Sch 1 [3] [4]; 2006 (699), | |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| | |Am 5.7.2002; 4.10.2002; 22.11.2002; | | |24.1.2003; 12.9.2003; 9.1.2004; 23.4.2004; | | |11.2.2005; 2005 (138), Sch 1 [1] [2]; 2005 | | |(139), Sch 1 [2]–[5]; 2005 (869), Sch 1 | | |[1] [2]; 2006 (44), Sch 1 [2]; 2006 (98), | | |Sch 1 [1] [2]; 2006 (540), Sch 1 [2] [3]; | |Sch 1 |2006 (541), Sch 1 [5]–[7]; 2006 (542), Sch| | |1 [1] [2]; 2006 (560), Sch 1 [5]; 2006 | | |(612), Sch 1 [1] [2]; 2006 (699), Sch 1 | | |[9]–[12]; 2007 (482), Sch 1 [1] [2]; 2007 | | |(483), Sch 1 [1] [2]; 2008 (91), Sch 1 [1]; | | |2009 (459), Sch 1 [1] [2]; 2009 (527), Sch 1| |_____________________________________________________________________________| | |Am 9.1.2004; 11.3.2005; 2005 (139), Sch 1 | |Sch 2 |[6]; 2006 (699), Sch 1 [13]–[16]; 2007 | | |(316), cl 4; 2009 (459), Sch 1 [3]; 2010 | |_____________________________________________________________________________| | |Am 4.10.2002; 12.9.2003; 2006 (408), cl 4; | |Sch 4 |2006 (612), Sch 1 [3]; 2008 (91), Sch 1 [2];| |_____________________________________________________________________________| |_____________________________________________________________________________| | |Ins 5.7.2002. Am 22.11.2002; 12.9.2003; 2005| | |(138), Sch 1 [3]; 2005 (330), Sch 1 [1]– | |Sch 9 |[4]; 2006 (540), Sch 1 [4]; 2007 (483), Sch | | |1 [3]; 2008 (91), Sch 1 [3]; 2009 (459), Sch| | |1 [4]; 2009 (527), Sch 1 [5]; 2010 (282), | |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________|