Environmental Planning and Assessment Act 1979 CANADA BAY LOCAL ENVIRONMENTAL PLAN 2008 - Made under the Environmental Planning and Assessment Act 1979 - As at 1 November 2011 - Reg 64 of 2008 TABLE OF PROVISIONS TABLE OF PROVISIONS PART 1 - PRELIMINARY 1.1. Name of Plan 1.1AA. Commencement 1.2. Aims of Plan 1.3. Land to which Plan applies 1.4. Definitions 1.5. Notes 1.6. Consent authority 1.7. Maps 1.8. Repeal of planning instruments applying to land 1.8A. Savings provision relating to pending development approvals 1.9. Application of SEPPs 1.9A. Suspension of covenants, agreements and instruments PART 2 - PERMITTED OR PROHIBITED DEVELOPMENT 2.1. Land use zones 2.2. Zoning of land to which Plan applies 2.3. Zone objectives and Land Use Table 2.4. Unzoned land 2.5. Additional permitted uses for particular land 2.6. Subdivision—consent requirements 2.6A. (Repealed) 2.7. Demolition requires development consent 2.8. Temporary use of land Land Use Table ____ Zone R1. General Residential Zone R2. Low Density Residential Zone R3. Medium Density Residential Zone R4. High Density Residential Zone B1. Neighbourhood Centre Zone B3. Commercial Core Zone B4. Mixed Use Zone B6. Enterprise Corridor Zone B7. Business Park Zone IN1. General Industrial Zone SP2. Infrastructure Zone RE1. Public Recreation Zone RE2. Private Recreation PART 3 - EXEMPT AND COMPLYING DEVELOPMENT 3.1. Exempt development 3.2. Complying development 3.3. Environmentally sensitive areas excluded PART 4 - PRINCIPAL DEVELOPMENT STANDARDS 4.1. Minimum subdivision lot size 4.1AA. Minimum subdivision lot size for community title schemes 4.2. Rural subdivision 4.3. Height of buildings 4.4. Floor space ratio 4.4A. Drummoyne Commercial Centre floor space ratio 4.4B. Five Dock Commercial Centre floor space ratio 4.4C. Majors Bay Road Commercial Centre floor space ratio 4.4D. Mortlake Point floor space ratio 4.5. Calculation of floor space ratio and site area 4.6. Exceptions to development standards PART 5 - MISCELLANEOUS PROVISIONS 5.1. Relevant acquisition authority 5.2. Classification and reclassification of public land 5.3. Development near zone boundaries 5.4. Controls relating to miscellaneous permissible uses 5.5. Development within the coastal zone 5.6. Architectural roof features 5.7. Development below mean high water mark 5.8. Conversion of fire alarms 5.9. Preservation of trees or vegetation 5.9AA. Trees or vegetation not prescribed by development control plan 5.10. Heritage conservation 5.11. Bush fire hazard reduction 5.12. Infrastructure development and use of existing buildings of the Crown 5.13. Eco-tourist facilities PART 6 - ADDITIONAL LOCAL PROVISIONS 6.1. Acid sulfate soils 6.1A. Earthworks 6.2. Particular dual occupancy subdivisions must not be approved 6.3. Development on land in Zone RE1 Public Recreation 6.4. Development on the foreshore must ensure access 6.5. Foreshore building line 6.6. Restriction on consent for particular sex services premises 6.7. (Repealed) 6.8. Council infrastructure development 6.9. Provisions relating to certain sites requiring specific planning provisions SCHEDULE 1 SCHEDULE 2 SCHEDULE 3 SCHEDULE 4 SCHEDULE 5 SCHEDULE 6 SCHEDULE 99 Dictionary CANADA BAY LOCAL ENVIRONMENTAL PLAN 2008 - REG 1.1 Name of Plan 1.1 Name of Plan This Plan is Canada Bay Local Environmental Plan 2008. CANADA BAY LOCAL ENVIRONMENTAL PLAN 2008 - REG 1.1AA Commencement 1.1AA Commencement This Plan commences on the day on which it is published on the NSW legislation website. Note: This Plan was published in the Gazette before the insertion of this clause by amendments to the Standard Instrument (Local Environmental Plans) Order 2006. CANADA BAY LOCAL ENVIRONMENTAL PLAN 2008 - REG 1.2 Aims of Plan 1.2 Aims of Plan (1) This Plan aims to make local environmental planning provisions for land in Canada Bay in accordance with the relevant standard environmental planning instrument under section 33A of the Act. (2) The particular aims of this Plan are as follows: (a) to create a land use framework that allows detailed provisions to be made, (b) to maintain and enhance the existing amenity and quality of life of the local community, (c) to protect areas from inappropriate development, (d) to ensure development embraces the principles of: (i) ecological sustainability, and (ii) quality urban design, (e) to identify and conserve those items and localities that contribute to the local, built form, environmental and cultural heritage of Canada Bay, (f) to promote opportunities for social, cultural and community activities, (g) to protect and manage areas of remnant bushland, natural watercourses and threatened species, (h) to provide measures to retain, and where possible to extend, public access to the foreshore areas of Canada Bay and to control development in those areas, (i) to provide effective community participation and consultation for planning and development, (j) to provide clarity and certainty for the community and development applicants, while allowing flexibility to respond to changing needs. CANADA BAY LOCAL ENVIRONMENTAL PLAN 2008 - REG 1.3 Land to which Plan applies 1.3 Land to which Plan applies (1) This Plan applies to the land identified on the Land Application Map. (1A) Despite subclause (1), this Plan does not apply to the land identified on the Land Application Map as “Deferred matter”, being land that is excluded from this Plan under section 68 (5) or 70 (4) of the Act. CANADA BAY LOCAL ENVIRONMENTAL PLAN 2008 - REG 1.4 Definitions 1.4 Definitions The Dictionary at the end of this Plan defines words and expressions for the purposes of this Plan. CANADA BAY LOCAL ENVIRONMENTAL PLAN 2008 - REG 1.5 Notes 1.5 Notes Notes in this Plan are provided for guidance and do not form part of this Plan. CANADA BAY LOCAL ENVIRONMENTAL PLAN 2008 - REG 1.6 Consent authority 1.6 Consent authority The consent authority for the purposes of this Plan is (subject to the Act) the Council. CANADA BAY LOCAL ENVIRONMENTAL PLAN 2008 - REG 1.7 Maps 1.7 Maps (1) A reference in this Plan to a named map adopted by this Plan is a reference to a map by that name: (a) approved by the 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 Plan to any such named map is a reference to the relevant part or aspect of the single map. (3) Any such maps are to be kept and made available for public access in accordance with arrangements approved by the Minister. (4) For the purposes of this Plan, a map may be in, and may be kept and made available in, electronic or paper form, or both. Note: The maps adopted by this Plan are to be made available on the official NSW legislation website in connection with this Plan. Requirements relating to the maps are set out in the documents entitled Standard technical requirements for LEP maps and Standard requirements for LEP GIS data which are available on the website of the Department of Planning and Infrastructure. CANADA BAY LOCAL ENVIRONMENTAL PLAN 2008 - REG 1.8 Repeal of planning instruments applying to land 1.8 Repeal of planning instruments applying to land (1) All local environmental plans and deemed environmental planning instruments applying only to the land to which this Plan applies are repealed. (2) All local environmental plans and deemed environmental planning instruments applying to the land to which this Plan applies and to other land cease to apply to the land to which this Plan applies. (2A) Despite their repeal, in relation to the land to which this Plan applies, the following continue to apply to the land marked “Deferred matter” on the Land Application Map: (a) Concord Planning Scheme Ordinance, (b) Concord Local Environmental Plan No 103 (Heritage). CANADA BAY LOCAL ENVIRONMENTAL PLAN 2008 - REG 1.8A Savings provision relating to pending development approvals 1.8A Savings provision relating to pending development approvals If a development application has been made before the commencement of this Plan in relation to land to which this Plan applies and the application has not been finally determined before that commencement, the application must be determined as if this Plan had been exhibited but had not commenced. CANADA BAY LOCAL ENVIRONMENTAL PLAN 2008 - REG 1.9 Application of SEPPs 1.9 Application of SEPPs (1) This Plan is subject to the provisions of any State environmental planning policy that prevails over this Plan as provided by section 36 of the Act. (2) The following State environmental planning policies (or provisions) do not apply to the land to which this Plan applies: State Environmental Planning Policy No 1—Development Standards State Environmental Planning Policy No 4—Development Without Consent and Miscellaneous Exempt and Complying Development (clause 6, and Parts 3 and 4) State Environmental Planning Policy No 60—Exempt and Complying Development (2A) Sydney Regional Environmental Plan No 29—Rhodes Peninsula is repealed. CANADA BAY LOCAL ENVIRONMENTAL PLAN 2008 - REG 1.9A Suspension of covenants, agreements and instruments 1.9A Suspension of covenants, agreements and instruments (1) For the purpose of enabling development on land in any zone to be carried out in accordance with this Plan or with a consent granted under the Act, any agreement, covenant or other similar instrument that restricts the carrying out of that development does not apply to the extent necessary to serve that purpose. (2) This clause does not apply: (a) to a covenant imposed by the Council or that the Council requires to be imposed, or (b) to any prescribed instrument within the meaning of section 183A of the Crown Lands Act 1989, or (c) to any conservation agreement within the meaning of the National Parks and Wildlife Act 1974, or (d) to any trust agreement within the meaning of the Nature Conservation Trust Act 2001, or (e) to any property vegetation plan within the meaning of the Native Vegetation Act 2003, or (f) to any biobanking agreement within the meaning of Part 7A of the Threatened Species Conservation Act 1995, or (g) to any planning agreement within the meaning of Division 6 of Part 4 of the Act. (3) This clause does not affect the rights or interests of any public authority under any registered instrument. (4) Under section 28 of the Act, the Governor, before the making of this clause, approved of subclauses (1)–(3). CANADA BAY LOCAL ENVIRONMENTAL PLAN 2008 - REG 2.1 Land use zones 2.1 Land use zones The land use zones under this Plan are as follows: R1 General Residential R2 Low Density Residential R3 Medium Density Residential R4 High Density Residential B1 Neighbourhood Centre B3 Commercial Core B4 Mixed Use B6 Enterprise Corridor B7 Business Park IN1 General Industrial SP2 Infrastructure RE1 Public Recreation RE2 Private Recreation CANADA BAY LOCAL ENVIRONMENTAL PLAN 2008 - REG 2.2 Zoning of land to which Plan applies 2.2 Zoning of land to which Plan applies For the purposes of this Plan, land is within the zones shown on the Land Zoning Map. CANADA BAY LOCAL ENVIRONMENTAL PLAN 2008 - REG 2.3 Zone objectives and Land Use Table 2.3 Zone objectives and Land Use Table (1) The Land Use Table at the end of this Part specifies for each zone: (a) the objectives for development, and (b) development that may be carried out without development consent, and (c) development that may be carried out only with development consent, and (d) development that is prohibited. (2) The consent authority must have regard to the objectives for development in a zone when determining a development application in respect of land within the zone. (3) In the Land Use Table at the end of this Part: (a) a reference to a type of building or other thing is a reference to development for the purposes of that type of building or other thing, and (b) a reference to a type of building or other thing does not include (despite any definition in this Plan) a reference to a type of building or other thing referred to separately in the Land Use Table in relation to the same zone. (4) This clause is subject to the other provisions of this Plan. Note: 1 Schedule 1 sets out additional permitted uses for particular land. 2 Schedule 2 sets out exempt development (that is generally exempt from both Parts 4 and 5 of the Act). Development in the land use table that may be carried out without consent is nevertheless subject to the environmental assessment and approval requirements of Part 5 of the Act or, if applicable, Part 3A of the Act. 3 Schedule 3 sets out complying development (for which a complying development certificate may be issued as an alternative to obtaining development consent). 4 Clause 2.6 requires consent for subdivision of land. 5 Part 5 contains other provisions that require consent for particular development. CANADA BAY LOCAL ENVIRONMENTAL PLAN 2008 - REG 2.4 Unzoned land 2.4 Unzoned land (1) Development may be carried out on unzoned land only with development consent. (2) Before granting development consent, the consent authority: (a) must consider whether the development will impact on adjoining zoned land and, if so, consider the objectives for development in the zones of the adjoining land, and (b) must be satisfied that the development is appropriate and is compatible with permissible land uses in any such adjoining land. CANADA BAY LOCAL ENVIRONMENTAL PLAN 2008 - REG 2.5 Additional permitted uses for particular land 2.5 Additional permitted uses for particular land (1) Development on particular land that is described or referred to in Schedule 1 may be carried out: (a) with development consent, or (b) if the Schedule so provides—without development consent, in accordance with the conditions (if any) specified in that Schedule in relation to that development. (2) This clause has effect despite anything to the contrary in the Land Use Table or other provision of this Plan. CANADA BAY LOCAL ENVIRONMENTAL PLAN 2008 - REG 2.6 Subdivision—consent requirements 2.6 Subdivision—consent requirements (1) Land to which this Plan applies may be subdivided, but only with development consent. Note: 1 If a subdivision is specified as exempt development in an applicable environmental planning instrument, such as this Plan or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, the Act enables it to be carried out without development consent. 2 Part 6 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 provides that the strata subdivision of a building in certain circumstances is complying development. (2) Development consent must not be granted for the subdivision of land on which a secondary dwelling is situated if the subdivision would result in the principal dwelling and the secondary dwelling being situated on separate lots, unless the resulting lots are not less than the minimum size shown on the Lot Size Map in relation to that land. Note: The definition of "secondary dwelling" in the Dictionary requires the dwelling to be on the same lot of land as the principal dwelling. CANADA BAY LOCAL ENVIRONMENTAL PLAN 2008 - REG 2.7 Demolition requires development consent 2.7 Demolition requires development consent The demolition of a building or work may be carried out only with development consent. Note: If the demolition of a building or work is identified in an applicable environmental planning instrument, such as this Plan or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, as exempt development, the Act enables it to be carried out without development consent. CANADA BAY LOCAL ENVIRONMENTAL PLAN 2008 - REG 2.8 Temporary use of land 2.8 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 Plan, development consent may be granted for development on land in any zone for a temporary use for a maximum period of 182 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). CANADA BAY LOCAL ENVIRONMENTAL PLAN 2008 - NOTES Note toA type of development referred to in the Land Use Table is a reference to that type of development only to the extent it is not regulated by an applicable State environmental planning policy. The following State environmental planning policies in particular may be relevant to development on land to which this Plan applies: State Environmental Planning Policy (Affordable Rental Housing) 2009 (including provision for secondary dwellings) State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 State Environmental Planning Policy (Infrastructure) 2007 —relating to infrastructure facilities such as those that comprise, or are for, air transport, correction, education, electricity generating works and solar energy systems, health services, ports, railways, roads, waste management and water supply systems State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007 State Environmental Planning Policy (Rural Lands) 2008 State Environmental Planning Policy No 33—Hazardous and Offensive Development State Environmental Planning Policy No 50—Canal Estate Development State Environmental Planning Policy No 62—Sustainable Aquaculture State Environmental Planning Policy No 64—Advertising and Signage CANADA BAY LOCAL ENVIRONMENTAL PLAN 2008 - REG Zone R1 General Residential Zone R1 General Residential 1 Objectives of zone • To provide for the housing needs of the community. • To provide for a variety of housing types and densities. • To enable other land uses that provide facilities or services to meet the day to day needs of residents. 2 Permitted without consent Home-based child care; Home occupations 3 Permitted with consent Attached dwellings; Bed and breakfast accommodation; Boarding houses; Boat building and repair facilities; Boat launching ramps; Boat sheds; Building identification signs; Business identification signs; Car parks; Child care centres; Commercial premises; Community facilities; Dual occupancies; Dwelling houses; Educational establishments; Entertainment facilities; Exhibition homes; Exhibition villages; Group homes; Home businesses; Hospitals; Hostels; Hotel or motel accommodation; Information and education facilities; Jetties; Light industries; Marinas; Mooring pens; Multi dwelling housing; Neighbourhood shops; Places of public worship; Public administration buildings; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Residential care facilities; Residential flat buildings; Respite day care centres; Roads; Semi-detached dwellings; Seniors housing; Service stations; Serviced apartments; Shop top housing; Vehicle repair stations; Water recycling facilities 4 Prohibited Bulky goods premises; Hardware and building supplies; Landscaping material supplies; Plant nurseries; Rural supplies; Timber yards; Vehicle sales or hire premises; Any other development not specified in item 2 or 3 CANADA BAY LOCAL ENVIRONMENTAL PLAN 2008 - REG Zone R2 Low Density Residential Zone R2 Low Density Residential 1 Objectives of zone • To provide for the housing needs of the community within a low density residential environment. • To enable other land uses that provide facilities or services to meet the day to day needs of residents. • To ensure that landscaping is maintained and enhanced as a major element in the residential environment. 2 Permitted without consent Home-based child care; Home occupations 3 Permitted with consent Bed and breakfast accommodation; Boarding houses; Boat sheds; Building identification signs; Business identification signs; Child care centres; Community facilities; Dual occupancies; Dwelling houses; Exhibition homes; Group homes; Health consulting rooms; Home businesses; Home industries; Jetties; Places of public worship; Recreation areas; Respite day care centres; Roads; Schools; Semi-detached dwellings; Water recycling facilities 4 Prohibited Any development not specified in item 2 or 3 CANADA BAY LOCAL ENVIRONMENTAL PLAN 2008 - REG Zone R3 Medium Density Residential Zone R3 Medium Density Residential 1 Objectives of zone • To provide for the housing needs of the community within a medium density residential environment. • To provide a variety of housing types within a medium density residential environment. • To enable other land uses that provide facilities or services to meet the day to day needs of residents. • To facilitate public access to and along the foreshore. 2 Permitted without consent Home-based child care; Home occupations 3 Permitted with consent Attached dwellings; Bed and breakfast accommodation; Boarding houses; Boat sheds; Building identification signs; Business identification signs; Child care centres; Community facilities; Dual occupancies; Dwelling houses; Exhibition homes; Exhibition villages; Group homes; Health consulting rooms; Home businesses; Home industries; Jetties; Multi dwelling housing; Neighbourhood shops; Places of public worship; Recreation areas; Residential care facilities; Residential flat buildings; Respite day care centres; Roads; Schools; Semi-detached dwellings; Seniors housing; Water recycling facilities 4 Prohibited Any development not specified in item 2 or 3 CANADA BAY LOCAL ENVIRONMENTAL PLAN 2008 - REG Zone R4 High Density Residential Zone R4 High Density Residential 1 Objectives of zone • To provide for the housing needs of the community within a high density residential environment. • To provide a variety of housing types within a high density residential environment. • To enable other land uses that provide facilities or services to meet the day to day needs of residents. 2 Permitted without consent Environmental protection works; Home- based child care; Home occupations 3 Permitted with consent Boarding houses; Building identification signs; Business identification signs; Child care centres; Community facilities; Exhibition homes; Exhibition villages; Multi dwelling housing; Neighbourhood shops; Places of public worship; Residential flat buildings; Respite day care centres; Roads; Seniors housing; Shop top housing; Water recycling facilities 4 Prohibited Any development not specified in item 2 or 3 CANADA BAY LOCAL ENVIRONMENTAL PLAN 2008 - REG Zone B1 Neighbourhood Centre Zone B1 Neighbourhood Centre 1 Objectives of zone • To provide a range of small-scale retail, business and community uses that serve the needs of people who live or work in the surrounding neighbourhood. 2 Permitted without consent Home-based child care; Home occupations 3 Permitted with consent Boarding houses; Building identification signs; Business identification signs; Business premises; Car parks; Child care centres; Community facilities; Emergency services facilities; Hotel or motel accommodation; Information and education facilities; Light industries; Medical centres; Neighbourhood shops; Office premises; Places of public worship; Respite day care centres; Retail premises; Roads; Service stations; Shop top housing; Vehicle repair stations; Water recycling facilities 4 Prohibited Bulky goods premises; Hardware and building supplies; Landscaping material supplies; Plant nurseries; Rural supplies; Timber yards; Vehicle sales or hire premises; Any other development not specified in item 2 or 3 CANADA BAY LOCAL ENVIRONMENTAL PLAN 2008 - REG Zone B3 Commercial Core Zone B3 Commercial Core 1 Objectives of zone • To provide a wide range of retail, business, office, entertainment, community and other suitable land uses that serve the needs of the local and wider community. • To encourage appropriate employment opportunities in accessible locations. • To maximise public transport patronage and encourage walking and cycling. 2 Permitted without consent Nil 3 Permitted with consent Amusement centres; Building identification signs; Business identification signs; Car parks; Child care centres; Commercial premises; Community facilities; Educational establishments; Emergency services facilities; Entertainment facilities; Function centres; Hotel or motel accommodation; Information and education facilities; Medical centres; Passenger transport facilities; Public administration buildings; Recreation facilities (indoor); Registered clubs; Respite day care centres; Restricted premises; Roads; Service stations; Tourist and visitor accommodation; Vehicle repair stations; Water recycling facilities; Wholesale supplies 4 Prohibited Any development not specified in item 2 or 3 CANADA BAY LOCAL ENVIRONMENTAL PLAN 2008 - REG Zone B4 Mixed Use Zone B4 Mixed Use 1 Objectives of zone • To provide a mixture of compatible land uses. • To integrate suitable business, office, residential, retail and other development in accessible locations so as to maximise public transport patronage and encourage walking and cycling. 2 Permitted without consent Home-based child care; Home occupations 3 Permitted with consent Amusement centres; Backpackers’ accommodation; Bed and breakfast accommodation; Boarding houses; Building identification signs; Business identification signs; Car parks; Child care centres; Commercial premises; Community facilities; Educational establishments; Emergency services facilities; Entertainment facilities; Function centres; Home businesses; Hospitals; Hotel or motel accommodation; Industrial retail outlets; Information and education facilities; Light industries; Marinas; Medical centres; Mooring pens; Passenger transport facilities; Places of public worship; Public administration buildings; Recreation areas; Recreation facilities (indoor); Registered clubs; Respite day care centres; Restricted premises; Roads; Seniors housing; Service stations; Serviced apartments; Sex services premises; Shop top housing; Vehicle repair stations; Water recycling facilities; Wholesale supplies 4 Prohibited Any development not specified in item 2 or 3 CANADA BAY LOCAL ENVIRONMENTAL PLAN 2008 - REG Zone B6 Enterprise Corridor Zone B6 Enterprise Corridor 1 Objectives of zone • To promote businesses along main roads and to encourage a mix of compatible uses. • To provide a range of employment uses (including business, office, retail and light industrial uses). • To maintain the economic strength of centres by limiting retailing activity. • To provide for residential uses, but only as part of a mixed use development. 2 Permitted without consent Home-based child care; Home occupations 3 Permitted with consent Business premises; Car parks; Commercial premises; Community facilities; Emergency services facilities; Garden centres; Hardware and building supplies; Hotel or motel accommodation; Information and education facilities; Landscaping material supplies; Light industries; Medical centres; Passenger transport facilities; Places of public worship; Plant nurseries; Residential flat buildings; Roads; Schools; Seniors housing; Service stations; Serviced apartments; Shop top housing; Signage; Storage premises; Vehicle repair stations; Veterinary hospitals; Warehouse or distribution centres; Water recycling facilities; Wholesale supplies 4 Prohibited Any development not specified in item 2 or 3 CANADA BAY LOCAL ENVIRONMENTAL PLAN 2008 - REG Zone B7 Business Park Zone B7 Business Park 1 Objectives of zone • To provide a range of office and light industrial uses. • To encourage employment opportunities. • To enable other land uses that provide facilities or services to meet the day to day needs of workers in the area. • To encourage the erection of buildings suited to development requiring large floor areas, and to discourage small scale uses unless they are of an ancillary or service nature. • To provide for site planning and layout that includes landscaped set backs to major roads and residential areas and modern building forms. • To enable the grouping of activities and, where practicable, the sharing of facilities. • For land zoned B7 Business Park bounded by Concord Road, Mary Street, Homebush Bay Drive and the Main Northern Railway, Rhodes, to ensure that any new development is complementary in scale, siting, form, materials, landscaping and height with the buildings on the eastern side of the Main Northern Railway. • To ensure that land in the zone will only be developed if the consent authority is satisfied that there will be no detriment to the environment and the amenity of surrounding residential areas. • To facilitate public access throughout the zone. 2 Permitted without consent Nil 3 Permitted with consent Building identification signs; Business identification signs; Child care centres; Food and drink premises; Light industries; Neighbourhood shops; Office premises; Passenger transport facilities; Recreation facilities (indoor); Respite day care centres; Roads; Warehouse or distribution centres; Water recycling facilities 4 Prohibited Any development not specified in item 2 or 3 CANADA BAY LOCAL ENVIRONMENTAL PLAN 2008 - REG Zone IN1 General Industrial Zone IN1 General Industrial 1 Objectives of zone • To provide a wide range of industrial and warehouse land uses. • To encourage employment opportunities. • To minimise any adverse effect of industry on other land uses. • To support and protect industrial land for industrial uses. • To recognise the close proximity of this zone to adjoining residential areas and to reduce potential conflict between industrial and residential uses. 2 Permitted without consent Nil 3 Permitted with consent Animal boarding or training establishments; Biosolids treatment facilities; Car parks; Community facilities; Depots; Emergency services facilities; Freight transport facilities; Garden centres; General industries; Hardware and building supplies; Horticulture; Industrial retail outlets; Industrial training facilities; Landscaping material supplies; Light industries; Liquid fuel depots; Medical centres; Mortuaries; Neighbourhood shops; Passenger transport facilities; Plant nurseries; Recreation areas; Recreational facilities (indoor); Recreational facilities (outdoor); Roads; Service stations; Signage; Storage premises; Timber yards; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Veterinary hospitals; Warehouse or distribution centres; Waste or resource management facilities; Water recycling facilities; Water treatment facilities; Wholesale supplies 4 Prohibited Any development not specified in item 2 or 3 CANADA BAY LOCAL ENVIRONMENTAL PLAN 2008 - REG Zone SP2 Infrastructure Zone SP2 Infrastructure 1 Objectives of zone • To provide for infrastructure and related uses. • To prevent development that is not compatible with or that may detract from the provision of infrastructure. 2 Permitted without consent Nil 3 Permitted with consent The purpose shown on the Land Zoning Map, including any development that is ordinarily incidental or ancillary to development for that purpose; Biosolids treatment facilities; Child care centres; Community facilities; Emergency services facilities; Hospitals; Information and education facilities; Respite day care centres; Roads; Water recycling facilities 4 Prohibited Any development not specified in item 2 or 3 CANADA BAY LOCAL ENVIRONMENTAL PLAN 2008 - REG Zone RE1 Public Recreation Zone RE1 Public Recreation 1 Objectives of zone • To enable land to be used for public open space or recreational purposes. • To provide a range of recreational settings and activities and compatible land uses. • To protect and enhance the natural environment for recreational purposes. • To facilitate public access to and along the foreshore. 2 Permitted without consent Nil 3 Permitted with consent Biosolids treatment facilities; Boat sheds; Car parks; Child care centres; Community facilities; Environmental facilities; Environmental protection works; Information and education facilities; Jetties; Kiosks; Marinas; Mooring pens; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Respite day care centres; Restaurants or cafes; Roads; Take away food and drink premises; Water recycling facilities 4 Prohibited Any development not specified in item 2 or 3 CANADA BAY LOCAL ENVIRONMENTAL PLAN 2008 - REG Zone RE2 Private Recreation Zone RE2 Private Recreation 1 Objectives of zone • To enable land to be used for private open space or recreational purposes. • To provide a range of recreational settings and activities and compatible land uses. • To protect and enhance the natural environment for recreational purposes. 2 Permitted without consent Nil 3 Permitted with consent Biosolids treatment facilities; Boat sheds; Car parks; Community facilities; Environmental facilities; Environmental protection works; Jetties; Kiosks; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Registered clubs; Roads; Water recycling facilities 4 Prohibited Any development not specified in item 2 or 3 CANADA BAY LOCAL ENVIRONMENTAL PLAN 2008 - REG 3.1 Exempt development 3.1 Exempt development Note: Under section 76 of the Act, exempt development may be carried out without the need for development consent under Part 4 of the Act or for assessment under Part 5 of the Act. The section states that exempt development: (a) must be of minimal environmental impact, and (b) cannot be carried out in critical habitat of an endangered species, population or ecological community (identified under the Threatened Species Conservation Act 1995 or the Fisheries Management Act 1994), and (c) cannot be carried out in a wilderness area (identified under the Wilderness Act 1987). (1) The objective of this clause is to identify development of minimal environmental impact as exempt development. (2) Development specified in Schedule 2 that meets the standards for the development contained in that Schedule and that complies with the requirements of this Part is exempt development. (3) To be exempt development, the development: (a) must meet the relevant deemed-to-satisfy provisions of the Building Code of Australia or, if there are no such relevant provisions, must be structurally adequate, and (b) must not, if it relates to an existing building, cause the building to contravene the Building Code of Australia, and (c) must not be designated development, and (d) must not be carried out on land that comprises, or on which there is, an item that is listed on the State Heritage Register under the Heritage Act 1977 or that is subject to an interim heritage order under the Heritage Act 1977. (3A) To be exempt development, the development also: (a) if it involves the demolition of a building, must only be carried out between 7:00am and 5:00pm, Monday to Friday and not on a public holiday, and (b) must not contravene any condition of a development consent already applying to the land, and (c) must not obstruct drainage of the site on which it is carried out, and (d) must not restrict vehicular or pedestrian access to or from the site, and (f) must not be carried out forward of the front alignment of the main building (if any) on the site, if the proposed development is in a heritage conservation area or on land on which there is a heritage item (other than driveways or pathways, paving, flagpoles, public works and scaffolding), and (g) must not involve alterations or additions (including attaching any structure) to a heritage item, and (h) must not be located on the front slope of the roof of a heritage item or be visible from a public place on land on which there is a heritage item or in a heritage conservation area, if the development involves roof ventilators, skylight windows, satellite dishes, television aerials, microwave antennae or water heaters. (4) Development that relates to an existing building that is classified under the Building Code of Australia as class 1b or class 2–9 is exempt development only if: (a) the building has a current fire safety certificate or fire safety statement, or (b) no fire safety measures are currently implemented, required or proposed for the building. (5) To be exempt development, the development must: (a) be installed in accordance with the manufacturer’s specifications, if applicable, and (b) not involve the removal or pruning of a tree or other vegetation that requires a permit or development consent for removal or pruning, unless that removal or pruning is undertaken in accordance with a permit or development consent. Note: A permit for the removal or pruning of a tree or other vegetation may be granted under this Plan. A development consent for the removal of native vegetation may be granted where relevant under the Native Vegetation Act 2003. (6) A heading to an item in Schedule 2 is part of that Schedule. CANADA BAY LOCAL ENVIRONMENTAL PLAN 2008 - REG 3.2 Complying development 3.2 Complying development Note: Under section 76A of the Act, development consent for the carrying out of complying development may be obtained by the issue of a complying development certificate. The section states that development cannot be complying development if: (a) it is on land that is critical habitat of an endangered species, population or ecological community (identified under the Threatened Species Conservation Act 1995 or the Fisheries Management Act 1994), or (b) it is on land within a wilderness area (identified under the Wilderness Act 1987), or (c) the development is designated development, or (d) the development is on land that comprises, or on which there is, an item of environmental heritage (that is listed on the State Heritage Register or in Schedule 5 to this Plan or that is subject to an interim heritage order under the Heritage Act 1977), or (e) the development requires concurrence (except a concurrence of the Director-General of the Department of Environment, Climate Change and Water in respect of development that is likely to significantly affect a threatened species, population, or ecological community, or its habitat (identified under the Threatened Species Conservation Act 1995)), or (f) the development is on land identified as an environmentally sensitive area. (1) The objective of this clause is to identify development as complying development. (2) Development specified in Part 1 of Schedule 3 that is carried out in compliance with: (a) the development standards specified in relation to that development, and (b) the requirements of this Part, is complying development. Note: See also clause 5.8 (3) which provides that the conversion of fire alarms is complying development in certain circumstances. (3) To be complying development, the development must: (a) be permissible, with development consent, in the zone in which it is carried out, and (b) meet the relevant deemed-to-satisfy provisions of the Building Code of Australia, and (c) have an approval, if required by the Local Government Act 1993, from the Council for an on-site effluent disposal system if the development is undertaken on unsewered land. (3A) To be complying development, the development also: (a) must not contravene any condition of a development consent already applying to the land, and (c) must be carried out at least one metre from any easement or sewer, and (d) must not be carried out in the foreshore and waterways area within the meaning of the Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005. (4) A complying development certificate for development specified in Part 1 of Schedule 3 is subject to the conditions (if any) set out or referred to in Part 2 of that Schedule. (5) A heading to an item in Schedule 3 is part of that Schedule. CANADA BAY LOCAL ENVIRONMENTAL PLAN 2008 - REG 3.3 Environmentally sensitive areas excluded 3.3 Environmentally sensitive areas excluded (1) Exempt or complying development must not be carried out on any environmentally sensitive area for exempt or complying development. (2) For the purposes of this clause: "environmentally sensitive area for exempt or complying development" means any of the following: (a) the coastal waters of the State, (b) a coastal lake, (c) land to which State Environmental Planning Policy No 14—Coastal Wetlands or State Environmental Planning Policy No 26—Littoral Rainforests applies, (d) land reserved as an aquatic reserve under the Fisheries Management Act 1994 or as a marine park under the Marine Parks Act 1997, (e) land within a wetland of international significance declared under the Ramsar Convention on Wetlands or within a World heritage area declared under the World Heritage Convention, (f) land within 100 metres of land to which paragraph (c), (d) or (e) applies, (g) land identified in this or any other environmental planning instrument as being of high Aboriginal cultural significance or high biodiversity significance, (h) land reserved under the National Parks and Wildlife Act 1974 or land acquired under Part 11 of that Act, (i) land reserved or dedicated under the Crown Lands Act 1989 for the preservation of flora, fauna, geological formations or for other environmental protection purposes, (j) land identified as being critical habitat under the Threatened Species Conservation Act 1995 or Part 7A of the Fisheries Management Act 1994. CANADA BAY LOCAL ENVIRONMENTAL PLAN 2008 - REG 4.1 Minimum subdivision lot size 4.1 Minimum subdivision lot size (1) The objectives of this clause are as follows: (a) to ensure that subdivision reflects and reinforces the predominant subdivision pattern of the area, (b) to minimise any likely impact of subdivision and development on the amenity of neighbouring properties, (c) to ensure that lot sizes and dimensions are able to accommodate development consistent with relevant development controls, (d) to ensure that lot sizes and dimensions allow dwellings to be sited to protect natural or cultural features including heritage items and retain special features such as trees and views. (2) This clause applies to a subdivision of any land shown on the Lot Size Map that requires development consent and that is carried out after the commencement of this Plan. (3) The size of any lot resulting from a subdivision of land to which this clause applies is not to be less than the minimum size shown on the Lot Size Map in relation to that land. (4) This clause does not apply in relation to the subdivision of individual lots in a strata plan or community title scheme. CANADA BAY LOCAL ENVIRONMENTAL PLAN 2008 - REG 4.1AA Minimum subdivision lot size for community title schemes 4.1AA Minimum subdivision lot size for community title schemes [Not adopted] CANADA BAY LOCAL ENVIRONMENTAL PLAN 2008 - REG 4.2 Rural subdivision 4.2 Rural subdivision [Not applicable] CANADA BAY LOCAL ENVIRONMENTAL PLAN 2008 - REG 4.3 Height of buildings 4.3 Height of buildings (1) The objectives of this clause are as follows: (a) to ensure that buildings are compatible with the height, bulk and scale of the existing and desired future character of the locality, (b) to minimise visual impact, disruption of views, loss of privacy and loss of solar access to existing development, (c) to minimise the adverse impact of development on heritage conservation areas and heritage items, (d) to reduce the visual impact of development when viewed from the Parramatta River as well as other public places such as parks, roads and community facilities. (2) The height of a building on any land is not to exceed the maximum height shown for the land on the Height of Buildings Map. (2A) In this clause: "height of a building", in Rhodes West Precinct, means: (a) for a building on a lot that adjoins a road—the vertical distance between the finished footpath level at any point to the highest point of the building, (b) for a building on a lot that fronts the foreshore reserve or the eastern side of Shoreline Avenue—the vertical distance between the finished terrace level at any point to the highest point of the building. CANADA BAY LOCAL ENVIRONMENTAL PLAN 2008 - REG 4.4 Floor space ratio 4.4 Floor space ratio (1) The objectives of this clause are as follows: (a) to ensure that buildings are compatible with the bulk and scale of the existing and desired future character of the locality, (b) to minimise the adverse impact of development on heritage conservation areas and heritage items, (c) to reduce the visual impact of development when viewed from the Parramatta River as well as other public places such as parks, roads and community facilities. (2) The maximum floor space ratio for a building on any land is not to exceed the floor space ratio shown for the land on the Floor Space Ratio Map. (2A) In this clause: "area of a floor", of a building in Rhodes West Precinct, means the area of the floor within the outer face of the external enclosing wall, measured at a height of 1.4 metres above the floor level. "gross floor area", of a building in Rhodes West Precinct, means the total of the areas of each floor of the building excluding any of the following: (a) areas occupied by columns, fin walls, shade devices and any elements, projections or works outside the general lines of the outer face of the external walls, (b) areas occupied by lift towers, cooling towers, machinery and associated plant rooms, ancillary storage space and vertical air conditioning ducts, (c) areas used for car, coach and bicycle parking required to comply with any development control plan and any areas that provide internal access to that parking, (d) areas provided for the loading and unloading of goods and for waste management, (e) areas set aside for communal recreation use within a residential building, (f) areas occupied by balconies or terraces that have walls less than 1.5 metres high, (g) areas of enclosed balconies used for residential purposes, (h) areas provided for common or public purposes, including arcades and circulation space. CANADA BAY LOCAL ENVIRONMENTAL PLAN 2008 - REG 4.4A Drummoyne Commercial Centre floor space ratio 4.4A Drummoyne Commercial Centre floor space ratio (1) Despite clause 4.4 (2), the floor space ratio for a building on land in Areas 1, 2, 3, 4, 5 and 6 shown on the Floor Space Ratio Map must not exceed the floor space ratio for the area shown in the Table to this clause. (2) The maximum floor space ratio in respect of Area 3 applies only if the site concerned fronts Formosa Street. __________________________________________ |__________________________________________| |__________________________________________| |__________________________________________| |__________________________________________| |__________________________________________| |__________________________________________| |__________________________________________| |__________________________________________| |__________________________________________| |__________________________________________| |__________________________________________| |__________________________________________| |__________________________________________| |__________________________________________| |__________________________________________| |__________________________________________| |__________________________________________| |__________________________________________| |__________________________________________| |__________________________________________| |__________________________________________| CANADA BAY LOCAL ENVIRONMENTAL PLAN 2008 - REG 4.4B Five Dock Commercial Centre floor space ratio 4.4B Five Dock Commercial Centre floor space ratio (1) Despite clause 4.4 (2), if the residential component of a building on land in Area 7 shown on the Floor Space Ratio Map is less than 30% of the gross floor area, the floor space ratio for the building must not exceed 2.0:1. (2) Despite clause 4.4 (2), if the residential component of a building on land in Area 7 shown on the Floor Space Ratio Map is 30% or more of the gross floor area, the floor space ratio for the building must not exceed 2.5:1. CANADA BAY LOCAL ENVIRONMENTAL PLAN 2008 - REG 4.4C Majors Bay Road Commercial Centre floor space ratio 4.4C Majors Bay Road Commercial Centre floor space ratio (1) Despite clause 4.4 (2), if the residential component of a building on land in Area 8 shown on the Floor Space Ratio Map is less than 30% of the gross floor area, the floor space ratio for the building must not exceed 1.5:1. (2) Despite clause 4.4 (2), if the residential component of a building on land in Area 8 shown on the Floor Space Ratio Map is 30% or more of the gross floor area, the floor space ratio for the building must not exceed 1.8:1. CANADA BAY LOCAL ENVIRONMENTAL PLAN 2008 - REG 4.4D Mortlake Point floor space ratio 4.4D Mortlake Point floor space ratio (1) Despite clause 4.4 (2), the floor space ratio for a building on land in Area 9 shown on the Floor Space Ratio Map must not exceed the floor space ratio for the area shown in the Table to this clause. (2) For the purposes of the Table: "residential development" means development for the purpose of a dwelling house, residential flat building or swimming pool, and includes development that is ancillary (with or without consent) to those purposes, or permitted to be carried out in relation to development for those purposes. "non-residential development" means development for a purpose other than residential development. "mixed use development" means development for 2 or more purposes that are not prohibited. _____________________________________________ |_____________________________________________| |_____________________________________________| |_____________________________________________| |_____________________________________________| CANADA BAY LOCAL ENVIRONMENTAL PLAN 2008 - REG 4.5 Calculation of floor space ratio and site area 4.5 Calculation of floor space ratio and site area (1) Objectives The objectives of this clause are as follows: (a) to define "floor space ratio", (b) to set out rules for the calculation of the site area of development for the purpose of applying permitted floor space ratios, including rules to: (i) prevent the inclusion in the site area of an area that has no significant development being carried out on it, and (ii) prevent the inclusion in the site area of an area that has already been included as part of a site area to maximise floor space area in another building, and (iii) require community land and public places to be dealt with separately. (2) Definition of “floor space ratio” The "floor space ratio" of buildings on a site is the ratio of the gross floor area of all buildings within the site to the site area. (3) Site area In determining the site area of proposed development for the purpose of applying a floor space ratio, the "site area" is taken to be: (a) if the proposed development is to be carried out on only one lot, the area of that lot, or (b) if the proposed development is to be carried out on 2 or more lots, the area of any lot on which the development is proposed to be carried out that has at least one common boundary with another lot on which the development is being carried out. In addition, subclauses (4)–(7) apply to the calculation of site area for the purposes of applying a floor space ratio to proposed development. (4) Exclusions from site area The following land must be excluded from the site area: (a) land on which the proposed development is prohibited, whether under this Plan or any other law, (b) community land or a public place (except as provided by subclause (7)). (5) Strata subdivisions The area of a lot that is wholly or partly on top of another or others in a strata subdivision is to be included in the calculation of the site area only to the extent that it does not overlap with another lot already included in the site area calculation. (6) Only significant development to be included The site area for proposed development must not include a lot additional to a lot or lots on which the development is being carried out unless the proposed development includes significant development on that additional lot. (7) Certain public land to be separately considered For the purpose of applying a floor space ratio to any proposed development on, above or below community land or a public place, the site area must only include an area that is on, above or below that community land or public place, and is occupied or physically affected by the proposed development, and may not include any other area on which the proposed development is to be carried out. (8) Existing buildings The gross floor area of any existing or proposed buildings within the vertical projection (above or below ground) of the boundaries of a site is to be included in the calculation of the total floor space for the purposes of applying a floor space ratio, whether or not the proposed development relates to all of the buildings. (9) Covenants to prevent “double dipping” When development consent is granted to development on a site comprised of 2 or more lots, a condition of the consent may require a covenant to be registered that prevents the creation of floor area on a lot (the restricted lot) if the consent authority is satisfied that an equivalent quantity of floor area will be created on another lot only because the site included the restricted lot. (10) Covenants affect consolidated sites If: (a) a covenant of the kind referred to in subclause (9) applies to any land ( "affected land"), and (b) proposed development relates to the affected land and other land that together comprise the site of the proposed development, the maximum amount of floor area allowed on the other land by the floor space ratio fixed for the site by this Plan is reduced by the quantity of floor space area the covenant prevents being created on the affected land. (11) Definition In this clause, "public place" has the same meaning as it has in the Local Government Act 1993. CANADA BAY LOCAL ENVIRONMENTAL PLAN 2008 - REG 4.6 Exceptions to development standards 4.6 Exceptions to development standards (1) The objectives of this clause are as follows: (a) to provide an appropriate degree of flexibility in applying certain development standards to particular development, (b) to achieve better outcomes for and from development by allowing flexibility in particular circumstances. (2) Development consent may, subject to this clause, be granted for development even though the development would contravene a development standard imposed by this or any other environmental planning instrument. However, this clause does not apply to a development standard that is expressly excluded from the operation of this clause. (3) Development consent must not be granted 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) Development 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) Development consent must not be granted under this clause for a subdivision of land in Zone RU1 Primary Production, Zone RU2 Rural Landscape, Zone RU3 Forestry, Zone RU4 Primary Production Small Lots, Zone RU6 Transition, Zone R5 Large Lot Residential, Zone E2 Environmental Conservation, Zone E3 Environmental Management or Zone E4 Environmental Living if: (a) the subdivision will result in 2 or more lots of less than the minimum area specified for such lots by a development standard, or (b) the subdivision will result in at least one lot that is less than 90% of the minimum area specified for such a lot by a development standard. Note: When this Plan was made it did not include Zone RU1 Primary Production, Zone RU2 Rural Landscape, Zone RU3 Forestry, Zone RU4 Primary Production Small Lots, Zone RU6 Transition, Zone R5 Large Lot Residential, Zone E2 Environmental Conservation, Zone E3 Environmental management or Zone E4 Environmental Living. (7) 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). (8) This clause does not allow development consent to be granted for development that would contravene any of the following: (a) a development standard for complying development, (b) a development standard that arises, under the regulations under the Act, in connection with a commitment set out in a BASIX certificate for a building to which State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 applies or for the land on which such a building is situated, (c) clause 5.4. CANADA BAY LOCAL ENVIRONMENTAL PLAN 2008 - REG 5.1 Relevant acquisition authority 5.1 Relevant acquisition authority (1) The objective of this clause is to identify, for the purposes of section 27 of the Act, the authority of the State that will be the relevant authority to acquire land reserved for certain public purposes if the land is required to be acquired under Division 3 of Part 2 of the Land Acquisition (Just Terms Compensation) Act 1991 ( "the owner-initiated acquisition provisions"). Note: If the landholder will suffer hardship if there is any delay in the land being acquired by the relevant authority, section 23 of the Land Acquisition (Just Terms Compensation) Act 1991 requires the authority to acquire the land. (2) The authority of the State that will be the relevant authority to acquire land, if the land is required to be acquired under the owner- initiated acquisition provisions, is the authority of the State specified below in relation to the land shown on the Land Reservation Acquisition Map (or, if an authority of the State is not specified in relation to land required to be so acquired, the authority designated or determined under those provisions). ___________________________________________________________________ |___________________________________________________________________| |Zone RE1 Public Recreation and |Council | |___________________________________________________________________| |Zone RE1 Public Recreation and |The corporation constituted under| |___________________________________________________________________| |Zone SP2 Infrastructure and |Roads and Maritime Services | |___________________________________________________________________| |Zone SP2 Infrastructure and |Council | |___________________________________________________________________| |Zone E1 National Parks and Nature|Minister administering the | |Reserves and marked “National |National Parks and Wildlife Act | |___________________________________________________________________| (3) Development on land acquired by an authority of the State under the owner-initiated acquisition provisions may, before it is used for the purpose for which it is reserved, be carried out, with development consent, for any purpose. CANADA BAY LOCAL ENVIRONMENTAL PLAN 2008 - REG 5.2 Classification and reclassification of public land 5.2 Classification and reclassification of public land (1) The objective of this clause is to enable the Council to classify or reclassify public land as “operational land” or “community land” in accordance with Part 2 of Chapter 6 of the Local Government Act 1993. Note: Under the Local Government Act 1993, “public land” is generally land vested in or under the control of a council (other than roads, Crown reserves and commons). The classification or reclassification of public land may also be made by a resolution of the Council under section 31, 32 or 33 of the Local Government Act 1993. Section 30 of that Act enables this Plan to discharge trusts on which public reserves are held if the land is reclassified under this Plan as operational land. (2) The public land described in Part 1 or Part 2 of Schedule 4 is classified, or reclassified, as operational land for the purposes of the Local Government Act 1993. (3) The public land described in Part 3 of Schedule 4 is classified, or reclassified, as community land for the purposes of the Local Government Act 1993. (4) The public land described in Part 1 of Schedule 4: (a) does not cease to be a public reserve to the extent (if any) that it is a public reserve, and (b) continues to be affected by any trusts, estates, interests, dedications, conditions, restrictions or covenants that affected the land before its classification, or reclassification, as operational land. (5) The public land described in Part 2 of Schedule 4, to the extent (if any) that it is a public reserve, ceases to be a public reserve when the description of the land is inserted into that Part and is discharged from all trusts, estates, interests, dedications, conditions, restrictions and covenants affecting the land or any part of the land, except: (a) those (if any) specified for the land in Column 3 of Part 2 of Schedule 4, and (b) any reservations that except land out of the Crown grant relating to the land, and (c) reservations of minerals (within the meaning of the Crown Lands Act 1989). Note: In accordance with section 30 (2) of the Local Government Act 1993, the approval of the Governor to subclause (5) applying to the public land concerned is required before the description of the land is inserted in Part 2 of Schedule 4. CANADA BAY LOCAL ENVIRONMENTAL PLAN 2008 - REG 5.3 Development near zone boundaries 5.3 Development near zone boundaries (1) The objective of this clause is to provide flexibility where the investigation of a site and its surroundings reveals that a use allowed on the other side of a zone boundary would enable a more logical and appropriate development of the site and be compatible with the planning objectives and land uses for the adjoining zone. (2) This clause applies to so much of any land that is within the relevant distance of a boundary between any 2 zones. The relevant distance is 25 metres. (3) This clause does not apply to: (a) land in Zone RE1 Public Recreation, Zone E1 National Parks and Nature Reserves, Zone E2 Environmental Conservation, Zone E3 Environmental Management or Zone W1 Natural Waterways, or (b) land within the coastal zone, or (c) land proposed to be developed for the purpose of sex services or restricted premises. Note: When this Plan was made it did not include Zone E1 National Parks and Nature Reserves, Zone E2 Environmental Conservation, Zone E3 Environmental Management or Zone W1 Natural Waterways. (4) Despite the provisions of this Plan relating to the purposes for which development may be carried out, development consent may be granted to development of land to which this clause applies for any purpose that may be carried out in the adjoining zone, but only if the consent authority is satisfied that: (a) the development is not inconsistent with the objectives for development in both zones, and (b) the carrying out of the development is desirable due to compatible land use planning, infrastructure capacity and other planning principles relating to the efficient and timely development of land. (5) This clause does not prescribe a development standard that may be varied under this Plan. CANADA BAY LOCAL ENVIRONMENTAL PLAN 2008 - REG 5.4 Controls relating to miscellaneous permissible uses 5.4 Controls relating to miscellaneous permissible uses (1) Bed and breakfast accommodation If development for the purposes of bed and breakfast accommodation is permitted under this Plan, the accommodation that is provided to guests must consist of no more than 3 bedrooms. Note: Any such development that provides for a certain number of guests or rooms may involve a change in the class of building under the Building Code of Australia. (2) Home businesses If development for the purposes of a home business is permitted under this Plan, the carrying on of the business must not involve the use of more than 50 square metres of floor area. (3) Home industries If development for the purposes of a home industry is permitted under this Plan, the carrying on of the home industry must not involve the use of more than 50 square metres of floor area. (4) Industrial retail outlets If development for the purposes of an industrial retail outlet is permitted under this Plan, the retail floor area must not exceed: (a) 43% of the gross floor area of the industry or rural industry located on the same land as the retail outlet, or (b) 400 square metres, whichever is the lesser. (5) Farm stay accommodation If development for the purposes of farm stay accommodation is permitted under this Plan, the accommodation that is provided to guests must consist of no more than 3 bedrooms. (6) Kiosks If development for the purposes of a kiosk is permitted under this Plan, the gross floor area must not exceed 30 square metres. (7) Neighbourhood shops If development for the purposes of a neighbourhood shop is permitted under this Plan, the retail floor area must not exceed 80 square metres. (8) Roadside stalls If development for the purposes of a roadside stall is permitted under this Plan, the gross floor area must not exceed 8 square metres. (9) Secondary dwellings If development for the purposes of a secondary dwelling is permitted under this Plan, the total floor area of the dwelling (excluding any area used for parking) must not exceed whichever of the following is the greater: (a) 60 square metres, (b) 67% of the total floor area of the principal dwelling. CANADA BAY LOCAL ENVIRONMENTAL PLAN 2008 - REG 5.5 Development within the coastal zone 5.5 Development within the coastal zone [Not applicable] CANADA BAY LOCAL ENVIRONMENTAL PLAN 2008 - REG 5.6 Architectural roof features 5.6 Architectural roof features (1) The objectives of this clause are as follows: (a) to ensure that architectural roof features to which this clause applies are decorative elements only, and (b) to ensure that the majority of the roof features are contained within the prescribed building height. (2) Development that includes an architectural roof feature that exceeds, or causes a building to exceed, the height limits set by clause 4.3 may be carried out, but only with development consent. (3) Development consent must not be granted to any such development unless the consent authority is satisfied that: (a) the architectural roof feature: (i) comprises a decorative element on the uppermost portion of a building, and (ii) is not an advertising structure, and (iii) does not include floor space area and is not reasonably capable of modification to include floor space area, and (iv) will cause minimal overshadowing, and (b) any building identification signage or equipment for servicing the building (such as plant, lift motor rooms, fire stairs and the like) contained in or supported by the roof feature is fully integrated into the design of the roof feature. CANADA BAY LOCAL ENVIRONMENTAL PLAN 2008 - REG 5.7 Development below mean high water mark 5.7 Development below mean high water mark (1) The objective of this clause is to ensure appropriate environmental assessment for development carried out on land covered by tidal waters. (2) Development consent is required to carry out development on any land below the mean high water mark of any body of water subject to tidal influence (including the bed of any such water). CANADA BAY LOCAL ENVIRONMENTAL PLAN 2008 - REG 5.8 Conversion of fire alarms 5.8 Conversion of fire alarms (1) This clause applies to a fire alarm system that can be monitored by Fire and Rescue NSW or by a private service provider. (2) The following development may be carried out, but only with development consent: (a) converting a fire alarm system from connection with the alarm monitoring system of Fire and Rescue NSW to connection with the alarm monitoring system of a private service provider, (b) converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with the alarm monitoring system of another private service provider, (c) converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with a different alarm monitoring system of the same private service provider. (3) Development to which subclause (2) applies is complying development if it consists only of: (a) internal alterations to a building, or (b) internal alterations to a building together with the mounting of an antenna, and any support structure, on an external wall or roof of a building so as to occupy a space of not more than 450mm × 100mm × 100mm. (4) A complying development certificate for any such complying development is subject to a condition that any building work may only be carried out between 7.00 am and 6.00 pm on Monday to Friday and between 7.00 am and 5.00 pm on Saturday, and must not be carried out on a Sunday or a public holiday. (5) In this clause: "private service provider" means a person or body that has entered into an agreement that is in force with Fire and Rescue NSW to monitor fire alarm systems. CANADA BAY LOCAL ENVIRONMENTAL PLAN 2008 - REG 5.9 Preservation of trees or vegetation 5.9 Preservation of trees or vegetation (1) The objective of this clause is to preserve the amenity of the area, including biodiversity values, through the preservation of trees and other vegetation. (2) This clause applies to species or kinds of trees or other vegetation that are prescribed for the purposes of this clause by a development control plan made by the Council. Note: A development control plan may prescribe the trees or other vegetation to which this clause applies by reference to species, size, location or other manner. (3) A person must not ringbark, cut down, top, lop, remove, injure or wilfully destroy any tree or other vegetation to which any such development control plan applies without the authority conferred by: (a) development consent, or (b) a permit granted by the Council. (4) The refusal by the Council to grant a permit to a person who has duly applied for the grant of the permit is taken for the purposes of the Act to be a refusal by the Council to grant consent for the carrying out of the activity for which a permit was sought. (5) This clause does not apply to a tree or other vegetation that the Council is satisfied is dying or dead and is not required as the habitat of native fauna. (6) This clause does not apply to a tree or other vegetation that the Council is satisfied is a risk to human life or property. (7) A permit under this clause cannot allow any ringbarking, cutting down, topping, lopping, removal, injuring or destruction of a tree or other vegetation: (a) that is or forms part of a heritage item or that is within a heritage conservation area, or (b) that is or forms part of an Aboriginal object or that is within an Aboriginal place of heritage significance, unless the Council is satisfied that the proposed activity: (c) is of a minor nature or is for the maintenance of the heritage item, Aboriginal object, Aboriginal place of heritage significance or heritage conservation area, and (d) would not adversely affect the heritage significance of the heritage item, Aboriginal object, Aboriginal place of heritage significance or heritage conservation area. Note: As a consequence of this subclause, the activities concerned will require development consent. The heritage provisions of clause 5.10 will be applicable to any such consent. (8) This clause does not apply to or in respect of: (a) the clearing of native vegetation: (i) that is authorised by a development consent or property vegetation plan under the Native Vegetation Act 2003, or (ii) that is otherwise permitted under Division 2 or 3 of Part 3 of that Act, or (b) the clearing of vegetation on State protected land (within the meaning of clause 4 of Schedule 3 to the Native Vegetation Act 2003) that is authorised by a development consent under the provisions of the Native Vegetation Conservation Act 1997 as continued in force by that clause, or (c) trees or other vegetation within a State forest, or land reserved from sale as a timber or forest reserve under the Forestry Act 1916, or (d) action required or authorised to be done by or under the Electricity Supply Act 1995, the Roads Act 1993 or the Surveying and Spatial Information Act 2002, or (e) plants declared to be noxious weeds under the Noxious Weeds Act 1993. Note: Permissibility may be a matter that is determined by or under any of these Acts. (9) [Not adopted] CANADA BAY LOCAL ENVIRONMENTAL PLAN 2008 - REG 5.9AA Trees or vegetation not prescribed by development control plan 5.9AA Trees or vegetation not prescribed by development control plan (1) This clause applies to any tree or other vegetation that is not of a species or kind prescribed for the purposes of clause 5.9 by a development control plan made by the Council. (2) The ringbarking, cutting down, topping, lopping, removal, injuring or destruction of any tree or other vegetation to which this clause applies is permitted without development consent. CANADA BAY LOCAL ENVIRONMENTAL PLAN 2008 - REG 5.10 Heritage conservation 5.10 Heritage conservation Note: Heritage items (if any) are listed and described in Schedule 5. Heritage conservation areas (if any) are shown on the Heritage Map as well as being described in Schedule 5. (1) Objectives The objectives of this clause are as follows: (a) to conserve the environmental heritage of Canada Bay, (b) to conserve the heritage significance of heritage items and heritage conservation areas, including associated fabric, settings and views, (c) to conserve archaeological sites, (d) to conserve Aboriginal objects and Aboriginal places of heritage significance. (2) Requirement for consent Development consent is required for any of the following: (a) demolishing or moving any of the following or altering the exterior of any of the following (including, in the case of a building, making changes to its detail, fabric, finish or appearance): (i) a heritage item, (ii) an Aboriginal object, (iii) a building, work, relic or tree within a heritage conservation area, (b) altering a heritage item that is a building by making structural changes to its interior or by making changes to anything inside the item that is specified in Schedule 5 in relation to the item, (c) disturbing or excavating an archaeological site while knowing, or having reasonable cause to suspect, that the disturbance or excavation will or is likely to result in a relic being discovered, exposed, moved, damaged or destroyed, (d) disturbing or excavating an Aboriginal place of heritage significance, (e) erecting a building on land: (i) on which a heritage item is located or that is within a heritage conservation area, or (ii) on which an Aboriginal object is located or that is within an Aboriginal place of heritage significance, (f) subdividing land: (i) on which a heritage item is located or that is within a heritage conservation area, or (ii) on which an Aboriginal object is located or that is within an Aboriginal place of heritage significance. (3) When consent not required However, development consent under this clause is not required if: (a) the applicant has notified the consent authority of the proposed development and the consent authority has advised the applicant in writing before any work is carried out that it is satisfied that the proposed development: (i) is of a minor nature or is for the maintenance of the heritage item, Aboriginal object, Aboriginal place of heritage significance or archaeological site or a building, work, relic, tree or place within the heritage conservation area, and (ii) would not adversely affect the heritage significance of the heritage item, Aboriginal object, Aboriginal place, archaeological site or heritage conservation area, or (b) the development is in a cemetery or burial ground and the proposed development: (i) is the creation of a new grave or monument, or excavation or disturbance of land for the purpose of conserving or repairing monuments or grave markers, and (ii) would not cause disturbance to human remains, relics, Aboriginal objects in the form of grave goods, or to an Aboriginal place of heritage significance, or (c) the development is limited to the removal of a tree or other vegetation that the Council is satisfied is a risk to human life or property, or (d) the development is exempt development. (4) Effect of proposed development on heritage significance The consent authority must, before granting consent under this clause in respect of a heritage item or heritage conservation area, consider the effect of the proposed development on the heritage significance of the item or area concerned. This subclause applies regardless of whether a heritage management document is prepared under subclause (5) or a heritage conservation management plan is submitted under subclause (6). (5) Heritage assessment The consent authority may, before granting consent to any development: (a) on land on which a heritage item is located, or (b) on land that is within a heritage conservation area, or (c) on land that is within the vicinity of land referred to in paragraph (a) or (b), require a heritage management document to be prepared that assesses the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage item or heritage conservation area concerned. (6) Heritage conservation management plans The consent authority may require, after considering the heritage significance of a heritage item and the extent of change proposed to it, the submission of a heritage conservation management plan before granting consent under this clause. (7) Archaeological sites The consent authority must, before granting consent under this clause to the carrying out of development on an archaeological site (other than land listed on the State Heritage Register or to which an interim heritage order under the Heritage Act 1977 applies): (a) notify the Heritage Council of its intention to grant consent, and (b) take into consideration any response received from the Heritage Council within 28 days after the notice is sent. (8) Aboriginal places of heritage significance The consent authority must, before granting consent under this clause to the carrying out of development in an Aboriginal place of heritage significance: (a) consider the effect of the proposed development on the heritage significance of the place and any Aboriginal object known or reasonably likely to be located at the place by means of an adequate investigation and assessment (which may involve consideration of a heritage impact statement), and (b) notify the local Aboriginal communities, in writing or in such other manner as may be appropriate, about the application and take into consideration any response received within 28 days after the notice is sent. (9) Demolition of nominated State heritage items The consent authority must, before granting consent under this clause for the demolition of a nominated State heritage item: (a) notify the Heritage Council about the application, and (b) take into consideration any response received from the Heritage Council within 28 days after the notice is sent. (10) Conservation incentives The consent authority may grant consent to development for any purpose of a building that is a heritage item or of the land on which such a building is erected, or for any purpose on an Aboriginal place of heritage significance, even though development for that purpose would otherwise not be allowed by this Plan, if the consent authority is satisfied that: (a) the conservation of the heritage item or Aboriginal place of heritage significance is facilitated by the granting of consent, and (b) the proposed development is in accordance with a heritage management document that has been approved by the consent authority, and (c) the consent to the proposed development would require that all necessary conservation work identified in the heritage management document is carried out, and (d) the proposed development would not adversely affect the heritage significance of the heritage item, including its setting, or the heritage significance of the Aboriginal place of heritage significance, and (e) the proposed development would not have any significant adverse effect on the amenity of the surrounding area. CANADA BAY LOCAL ENVIRONMENTAL PLAN 2008 - REG 5.11 Bush fire hazard reduction 5.11 Bush fire hazard reduction Bush fire hazard reduction work authorised by the Rural Fires Act 1997 may be carried out on any land without development consent. Note: The Rural Fires Act 1997 also makes provision relating to the carrying out of development on bush fire prone land. CANADA BAY LOCAL ENVIRONMENTAL PLAN 2008 - REG 5.12 Infrastructure development and use of existing buildings of the Crown 5.12 Infrastructure development and use of existing buildings of the Crown (1) This Plan does not restrict or prohibit, or enable the restriction or prohibition of, the carrying out of any development, by or on behalf of a public authority, that is permitted to be carried out with or without development consent, or that is exempt development, under State Environmental Planning Policy (Infrastructure) 2007. (2) This Plan does not restrict or prohibit, or enable the restriction or prohibition of, the use of existing buildings of the Crown by the Crown. CANADA BAY LOCAL ENVIRONMENTAL PLAN 2008 - REG 5.13 Eco-tourist facilities 5.13 Eco-tourist facilities [Not applicable] CANADA BAY LOCAL ENVIRONMENTAL PLAN 2008 - REG 6.1 Acid sulfate soils 6.1 Acid sulfate soils (1) The objective of this clause is to ensure that development does not disturb, expose or drain acid sulfate soils and cause environmental damage. (2) Development consent is required for the carrying out of works described in the Table to this subclause on land shown on the Acid Sulfate Soils Map as being of the class specified for those works, except as provided by this clause. ___________________________________________________________________ |___________________________________________________________________| |___________________________________________________________________| | |Works below the natural ground surface. | |2 |Works by which the watertable is likely to be | |___________________________________________________________________| | |Works more than 1 metre below the natural ground | |3 |surface. | | |Works by which the watertable is likely to be lowered| |___________________________________________________________________| | |Works more than 2 metres below the natural ground | |4 |surface. | | |Works by which the watertable is likely to be lowered| |___________________________________________________________________| | |Works within 500 metres of adjacent Class 1, 2, 3 or | | |4 land that is below 5 metres Australian Height Datum| |5 |by which the watertable is likely to be lowered below| | |1 metre Australian Height Datum on adjacent Class 1, | |___________________________________________________________________| (3) Development consent must not be granted under this clause for the carrying out of works unless: (a) an acid sulfate soils management plan has been prepared for the proposed works in accordance with the Acid Sulfate Soils Manual and has been provided to the consent authority, and (b) a copy of the plan and a copy of the development application have been provided to the Director-General of the Department of Environment and Climate Change and the consent authority has considered any comments of the Director-General made within 21 days after those copies were provided to the Director-General. (4) Development consent is not required under this clause for the carrying out of works if: (a) a preliminary assessment of the proposed works prepared in accordance with the Acid Sulfate Soils Manual indicates that an acid sulfate soils management plan need not be carried out for the works, and (b) the preliminary assessment has been provided to the consent authority and the consent authority has confirmed the assessment by notice in writing to the person proposing to carry out the works. (5) Also, development consent is not required under this clause for the carrying out of any of the following works by a public authority (including ancillary work such as excavation, construction of access ways or the supply of power): (a) emergency work, being the repair or replacement of the works of the public authority required to be carried out urgently because the works have been damaged, have ceased to function or pose a risk to the environment or to public health and safety, (b) routine management work, being the periodic inspection, cleaning, repair or replacement of the works of the public authority (other than work that involves the disturbance of more than 1 tonne of soil), (c) minor work, being work that costs less than $20,000 (other than drainage work). (6) Development consent is not required under this clause to carry out any works unless: (a) the works involve the disturbance of more than 1 tonne of soil, 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) the works are likely to lower the watertable. CANADA BAY LOCAL ENVIRONMENTAL PLAN 2008 - REG 6.1A Earthworks 6.1A Earthworks (1) The objectives of this clause are as follows: (a) to ensure that earthworks for which development consent is required will not have a detrimental impact on environmental functions and processes, neighbouring uses, cultural or heritage items or features of the surrounding land, (b) to allow earthworks of a minor nature without requiring separate development consent. (2) Development consent is required for earthworks unless: (a) the work is exempt development under this Plan or another applicable environmental planning instrument, or (b) the work is ancillary to other development for which development consent has been given. (3) Before granting development consent for earthworks, the consent authority must consider the following matters: (a) the likely disruption of, or any detrimental effect on, existing drainage patterns and soil stability in the locality, (b) the effect of the proposed development on the likely future use or redevelopment of the land, (c) the quality of the fill or the soil to be excavated, or both, (d) the effect of the proposed development on the existing and likely amenity of adjoining properties, (e) the source of any fill material and the destination of any excavated material, (f) the likelihood of disturbing relics, (g) the proximity to and potential for adverse impacts on any watercourse, drinking water catchment or environmentally sensitive area. Note: The National Parks and Wildlife Act 1974, particularly section 86, deals with disturbing or excavating land and Aboriginal objects. CANADA BAY LOCAL ENVIRONMENTAL PLAN 2008 - REG 6.2 Particular dual occupancy subdivisions must not be approved 6.2 Particular dual occupancy subdivisions must not be approved (1) Development consent must not be granted for a subdivision that would create separate titles for each of the two dwellings resulting from a dual occupancy development. (2) This clause does not apply in relation to the subdivision of individual lots in a strata plan or community title scheme. CANADA BAY LOCAL ENVIRONMENTAL PLAN 2008 - REG 6.3 Development on land in Zone RE1 Public Recreation 6.3 Development on land in Zone RE1 Public Recreation In deciding whether to grant consent to development on land in Zone RE1 Public Recreation owned or controlled by the Council, the consent authority must take into account: (a) the need for the proposed development on the land, and (b) the impact of the proposed development on the existing or likely future use of the land, and (c) the need to retain the land for its existing or likely future use. CANADA BAY LOCAL ENVIRONMENTAL PLAN 2008 - REG 6.4 Development on the foreshore must ensure access 6.4 Development on the foreshore must ensure access In deciding whether to grant consent for development in the foreshore area, the consent authority must consider whether and to what extent the development would encourage the following: (a) continuous public access to and along the foreshore through or adjacent to the proposed development, (b) public access to link with existing or proposed open space, (c) public access to be secured by appropriate covenants, agreements or other instruments registered on the title to land, (d) public access to be located above mean high water mark, (e) the reinforcing of the foreshore character and respect for existing environmental conditions. CANADA BAY LOCAL ENVIRONMENTAL PLAN 2008 - REG 6.5 Foreshore building line 6.5 Foreshore building line (1) The objective of this clause is to ensure that development in the foreshore area will not impact on natural foreshore processes or affect the significance and amenity of the area. (2) Subject to subclause (3), development on the foreshore area is prohibited. (3) Development consent may be granted for the following: (a) the extension, alteration or rebuilding of an existing building wholly or partly in the foreshore area, if the consent authority is satisfied the extension, alteration or rebuilding will not have an adverse impact on the amenity or aesthetic appearance of the foreshore, (b) the erection of a building in the foreshore area, if the levels, depth or other exceptional features of the site make it appropriate to do so, (c) development for the purposes of boat sheds, sea retaining walls, wharves, slipways, jetties, waterway access stairs, swimming pools, fences, cycleways, walking trails, picnic facilities or other outdoor recreation facilities. (4) Development consent must not be granted under subclause (3) unless the consent authority is satisfied that: (a) the development will contribute to achieving the objectives for the zone in which the land is located, and (b) the appearance of any proposed structure, from both the waterway and adjacent foreshore areas, will be compatible with the surrounding area, and (c) the development will not cause environmental harm such as: (i) pollution or siltation of the waterway, or (ii) an adverse effect on surrounding uses, marine habitat, wetland areas, flora or fauna habitats, or (iii) an adverse effect on drainage patterns, and (d) the development will not cause congestion of, or generate conflicts between, people using open space areas or the waterway, and (e) opportunities to provide continuous public access along the foreshore and to the waterway will not be compromised, and (f) any historic, scientific, cultural, social, archaeological, architectural, natural or aesthetic significance of the land on which the development is to be carried out and of surrounding land will be maintained. CANADA BAY LOCAL ENVIRONMENTAL PLAN 2008 - REG 6.6 Restriction on consent for particular sex services premises 6.6 Restriction on consent for particular sex services premises (1) Development consent must not be granted for development for the purposes of sex services premises if the premises will be located on land that adjoins, or that is separated only by a road from, land: (a) in Zone R1 General Residential, Zone R2 Low Density Residential or Zone R3 Medium Density Residential, or (b) used for community, school or church uses, or (c) in Zone RE1 Public Recreation. (2) In deciding whether to grant consent to any such development, the consent authority must take into account the impact that the proposed development would have on children who use the land. CANADA BAY LOCAL ENVIRONMENTAL PLAN 2008 - REG 6.8 Council infrastructure development 6.8 Council infrastructure development Development may be carried out by or on behalf of the Council without development consent on any land, except land in a heritage conservation area or containing a heritage item, for any one or more of the following purposes: (a) construction or maintenance of stormwater drainage, water quality treatment devices, water tanks, flood mitigation structures, recreation areas, public amenities or temporary storage facilities, (b) construction or maintenance of roads, footpaths, cycle ways, parking areas, fire trails, walking tracks and other public pedestrian areas, roads, including tree planting and repaving, street surfacing, reconstruction of kerbs, gutters and the like, (c) installation or maintenance of street furniture, such as seats, Council information signs, street signs, street lights, bus shelters, garbage and recycling containers and bins, bollards, flagpoles, telephone kiosks and the like, but not fixed outdoor vending machines, (d) installation or maintenance of park furniture, including seats, picnic tables, barbecue units and shelters, awnings and shade structures, gazebos and pergolas, bollards, playground equipment, flagpoles, bridges, staircases, boardwalks, lighting (other than ovals or tennis courts or the like) and Council information signs, (e) installation or maintenance of goal posts, sight screens, fencing and similar ancillary sporting structures on sporting or playing fields for use in the playing or performance of sporting events (other than grandstands, dressing sheds and other similar structures), (f) bush regeneration, landscaping, gardening, tree planting, tree maintenance and tree removal. CANADA BAY LOCAL ENVIRONMENTAL PLAN 2008 - REG 6.9 Provisions relating to certain sites requiring specific planning provisions 6.9 Provisions relating to certain sites requiring specific planning provisions Schedule 6 has effect. CANADA BAY LOCAL ENVIRONMENTAL PLAN 2008 - SCHEDULE 1 SCHEDULE 1 – Additional permitted uses (Clause 2.5) 1 Use of certain land at 235 Parramatta Rd, Five Dock (1) This clause applies to land at 235 Parramatta Rd, Five Dock, being Lot 4, DP 826686. (2) Development for the purpose of selling bulk food and beverage items is permitted with consent if the activity is carried out in connection with the primary activity of bulky goods retailing of office equipment and furniture. 2 Use of certain land at Bevin Avenue, Five Dock (1) This clause applies to land at Bevin Avenue, Five Dock, being Lot 1, DP 860469 (the Western Suburbs Soccer Sports and Community Club Ltd (known as Canada Bay Club) car park). (2) Development for the following purposes is permitted with consent if the use is only in conjunction with the adjoining Canada Bay Club: (a) car parking, (b) serviced apartments. 3 Use of certain land at 49–51 Queens Road, Five Dock (1) This clause applies to land at 49–51 Queens Road, Five Dock, being Lot 1, DP 607226 and Lot 1, DP 738950. (2) Development for the purpose of office premises is permitted with consent. 4 Use of certain land at 104 William Street, Five Dock (1) This clause applies to land at 104 William Street, Five Dock, being SP 73162 and SP 73163. (2) Development for the following purposes is permitted with consent: (a) office premises and associated car parking, (b) business premises and associated car parking, (c) cellar door premises, food and drink premises, kiosks, markets, roadside stalls, shops and associated car parking, (d) light industry. 5 Use of certain land at 21–23 Regatta Road and 25–27 Regatta Road, Five Dock (1) This clause applies to land at 21–23 Regatta Road and 25–27 Regatta Road, Five Dock, being Lots 1–3, DP 1034085. (2) Development for the purpose of vehicle sales or hire premises is permitted with consent. 6 Use of certain land at 443 Concord Road, Rhodes (1) This clause applies to land at 443 Concord Road, Rhodes, (Brays Bay Reserve) being Lot 1, DP 583588 and Lot 51, DP 771682. (2) Development for the purpose of temporary markets (being markets carried out on the site for the retail sale of goods from temporary structures and that operate not more than 1 day per week) is permitted with consent. 7 Use of certain land at 249–251 Queen Street and 22 Victoria Avenue, Concord West (1) This clause applies to the following land: (a) 249–251 Queen Street, Concord West being SP 54105, (b) 22 Victoria Avenue, Concord West being SP 53258. (2) Development for the purpose of mixed use development carried out in a way that is not detrimental to the amenity of the neighbourhood is permitted with consent if the proportion of the floor space to be used for nonresidential purposes in the development does not exceed 25%. 8 Use of certain land at 211 Parramatta Road, North Strathfield (1) This clause applies to land at 211 Parramatta Road, North Strathfield, being Lots 1 and 2, DP 1023863. (2) Development for the purpose of an advertising structure is permitted with consent. 9 Use of certain land at Phillips Street, Cabarita (1) This clause applies to land at Phillips Street, Cabarita, (Private Reserve) being Lots 5 and 6, DP 876734. (2) Development for the following purposes is permitted with consent: (a) containment of contaminated soil, (b) public roadways, (c) landscaping, (d) drainage, (e) driveways, (f) services. 10 Use of certain land at 1C and 1H Hospital Road, Concord West (1) This clause applies to land at 1C and 1H Hospital Road, Concord West, (Concord Repatriation and General Hospital) being Lot 2, DP 89877. (2) Development for the purpose of storing and providing medical goods and services to other medical establishments is permitted with consent if those establishments remain ancillary to the predominant use of the site for hospital purposes only. 11 Use of certain land at specific site in zone RE1 (1) This clause applies to land at a specific site in zone RE1 being Lot 27, DP 719909. (2) Development for the purpose of an advertising structure is permitted with consent. 12 Use of certain land at 378 and 380 Great North Road, Abbotsford and 2 Abbotsford House, Abbotsford Cove Drive (1) This clause applies to land at 378 and 380 Great North Road, Abbotsford and 2 Abbotsford House, Abbotsford Cove Drive (the “Nestlé site”, in particular, Abbotsford House, Chatham House and the Clubhouse pavilion) being Lot 22, DP 270127, Lot 1, DP 862198 and Lot 19, DP 270127. (2) Development for the following purposes is permitted with consent if the use is consistent with the conservation and preservation of the buildings and the amenity of the immediate residents: (a) office premises, (b) restaurants or cafes. 13 Use of certain land at Rhodes West Precinct (1) This clause applies to land in Rhodes West Precinct. (2) Development for the purposes of business and retail premises on the ground floor of residential flat buildings in Rhodes West Precinct are permitted with consent. CANADA BAY LOCAL ENVIRONMENTAL PLAN 2008 - SCHEDULE 2 SCHEDULE 2 – Exempt development (Clause 3.1) Note: State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies exempt development under that Policy. The Policy has State-wide application. This Schedule contains additional exempt development not specified in that Policy. Note: Exempt development may be carried out without the need for development consent under the Act. Such development is not exempt from any approval, licence, permit or authority that is required under any other Act and adjoining owners’ property rights and the common law still apply. Business use of public footpaths Must comply with Council’s Business Use of Public Footpaths Policy. Portable classrooms and school buildings (1) Must be structurally adequate. (2) Minimum front setback of 1.5m to any street. (3) Must be only in school grounds and must not contravene any other approval. (4) Must discharge all stormwater to the Council’s street gutter through the existing drainage system. (5) Must not exceed 1 storey in height. (6) Must be of a temporary nature and installed for a maximum of 5 years. (7) Must be at least 1m from any easement or sewer main. Signs (1) Identification, interpretative, directional and advance traffic warning signs—constructed by or for the Council or the Roads and Traffic Authority. (2) Internal signs or signs attached to a shop window: (a) Maximum window area—25% at the level occupied by the advertisement or like advertisements. (b) Must relate to the use and occupation of the land. (3) Replacement of existing approved signs—not larger than existing sign. (4) Home occupation sign: (a) Only one per site. (b) Maximum area—600mm 2. (c) Must be attached to the ground floor facade of dwelling unless the land is on a main road, in which case the sign may be attached to a front fence. (5) Real estate signs (sale or lease of property): (a) Must relate to the sale of the property only. (b) Only one per site. (c) Maximum area—2.5m 2. (6) Under awning sign: (a) Only one per site. (b) Minimum 2.7m above ground level (existing). (c) Must not extend beyond the width of the awning. (d) Minimum distance from any other under awning sign—3m. (e) Maximum area—2.5m × 0.3m. (7) Signs on motor vehicles—vehicle must be used principally for carrying passengers or goods. (8) Temporary sign for a religious, educational, cultural, political, social or recreational event: (a) Must not include advertising of a commercial nature except for the name of the event sponsor. (b) Must have the consent of the owner of the place or building on which it is displayed. (c) Must not be displayed more than 28 days before the event. (d) Must be removed within 14 days after the event ends. CANADA BAY LOCAL ENVIRONMENTAL PLAN 2008 - SCHEDULE 3 SCHEDULE 3 – Complying development (Clause 3.2) Note: State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies complying development and the complying development conditions for that development under that Policy. The Policy has State-wide application. This Schedule contains additional complying development not specified in that Policy. Part 1 - Types of development Bed and breakfast accommodation (in existing approved detached dwelling with permanent residents) (1) Maximum of 3 guest bedrooms and 6 guests at any time. (2) Minimum bathrooms—2. (3) Only one external sign. (4) Maximum size of sign—0.6m 2. (5) Must have a fire extinguisher and fire blanket in the kitchen. (6) If the dwelling is subject to the Strata Management Act 1996 or the Community Land Management Act 1989, must have the approval of the owner’s corporation, or the community, precinct or neighbourhood association. Demolition (1) Structure to be demolished must be complying development under this Plan and have a maximum floor area of 30m 2. (2) Must be carried out in accordance with AS 2601—2001, Demolition of structures. (3) Waste management plan must be submitted to the principal certifying authority. Internal and external alterations (business and retail premises) (1) Existing use must be operating in accordance with development consent. (2) Must not: (a) alter the size or shape of the building envelope, or (b) cumulatively increase or decrease the area of openings by more than 10%, or (c) increase the total floor area of the building, or (d) contravene any conditions that apply in respect of the current development consent for the use of the building or change the use in part of the building, or (e) reduce the provision for the loading or unloading of goods or vehicles in respect of the building, or (f) alter any public services or utilities without the approval of the relevant authority. (3) Food premises—In the case of a building being used for the purpose of preparing food for sale or the consumption of food, the development must comply with the National Code for the Construction and Fitout of Food Premises. (4) Services—If the new development involves a change in the type or volume of trade wastes from the premises, or an increase in water or wastewater usage and a certificate under section 73 of the Sydney Water Act 1994 is required for the change or increase, a copy of the certificate must be given to the certifying authority before the works commence. (5) Waste management—A waste management plan must be prepared in accordance with Council’s requirements and submitted to the certifying authority. (6) Materials and components—New materials must be consistent with the existing materials. (7) Fire safety—A fire safety schedule must be prepared specifying the fire safety measures (both current and proposed) to be implemented. Internal and external alterations (to a building used for the purpose of an industry or a warehouse) (1) Must not: (a) alter the size or shape of the building envelope, or (b) increase the total floor area of the building, or (c) contravene any conditions that apply in respect of the current development consent for the use of the building or change the use of any part of the building, or (d) reduce the provision for the loading or unloading of goods or vehicles in respect of the building. (2) Food premises: (a) In the case of a building being used for the purpose of preparing food for sale or the consumption of food, the development must comply with the National Code for the Construction and Fitout of Food Premises. (b) New materials used externally are to be consistent with existing materials. (3) Fire safety—A fire safety schedule must be prepared specifying the fire safety measures (both current and proposed) to be implemented. Carports and garages associated with detached dwellings (lot area over 450m2) (1) Streetscape—Must be behind the front building line except in heritage conservation areas where garages and carports must be behind the rear building line. (2) Bulk and scale: (a) If structure has a pitched roof, the pitch must match the pitch of the existing dwelling. (b) Closest external wall of structure must be at least 900mm from a side or rear boundary. (c) Ground floor level, at any point, must not more than 500mm above ground level (existing). (d) Maximum distance between floor level and underside of eaves 2.7m. (e) The roof openings are flush with the roof pitch. (3) Open space and landscaping: (a) At least 20% of the site must be soft landscaped, that is, not hard surfaces. (b) No more than one-third of the front setback area is paved or sealed. Single-storey alterations and additions to detached single-storey dwellings, development ancillary or incidental to detached single-storey dwellings (1) Generally—Must not: (a) be carried out to the primary street frontage elevation between the property boundary and the side of the building with a street frontage, except for a rear laneway, and (b) involve works more than 3.6m above ground level (existing). (2) Legal land constraints—Must not: (a) be built within 1m of an easement, or (b) breach any covenant to which the Council is a party, or (c) be in a zone of influence of a sewer main, or (d) be in a zone of influence of a public stormwater drainage pipe, without the written approval of the relevant person or authority benefiting from the easement or covenant or occupation. (3) Services—Must connect to Sydney Water’s reticulated sewerage disposal system. (4) Site coverage—Maximum site coverage of buildings on the property—65%. (5) Floor space—Maximum additional floor space for all cumulative complying development on a property—30m 2. (6) Height: (a) Maximum wall height—3m. (b) Maximum ridge height—3.6m. (c) Finished floor level must not exceed 500mm above ground level (existing). (7) Open space—At least 20% of the site must be usable open space with a minimum dimension of 3m. (8) Privacy—Windows in habitable rooms having an outlook to a window of a habitable room in an adjoining dwelling and that are within 6m of that dwelling must: (a) be offset by a distance of 500mm from the window of the adjoining dwelling, or (b) have sill heights of 1.7m above floor level, or (c) have fixed obscured glazing in any part of the window less than 1.7m above floor level. (9) Setbacks—Minimum 900mm to side boundaries and 6m to the rear boundary. Swimming pools and spas (1) Generally—Must: (a) be on land comprising an existing dwelling house only, and (b) be for private domestic use only, and (c) be on a lot with a minimum area of 450m 2. (2) Legal land constraints—Must not: (a) be built within 1m of an easement, and (b) breach any covenant to which the Council is a party, and (c) be in a zone of influence of a sewer main, and (d) be in a zone of influence of a public drainage pipe, without the written approval of the relevant person or authority benefiting from the easement or covenant or occupation. (3) Streetscape—Must not be between the dwelling and the street boundary. (4) Bulk and scale—Coping or decking around pool must be no more than 200mm above the ground level (existing). (5) Setbacks—Must be at least 1.5m from the side and rear boundaries. (6) Privacy—The noise level of any filtration equipment or pumps must not exceed 5dBA above the ambient background level measured at the property boundary. (7) Open space and landscaping—At least 20% of the site must be soft landscaped, that is, not hard surfaces. (8) Safety—Installation and construction must comply, where relevant, with: (a) AS/NZS 1838:1994, Swimming Pools—Premoulded fibre- reinforced plastics—Design and fabrication, and AS/NZS 1839:1994, Swimming Pools—Premoulded fibre-reinforced plastics—Installation, or (b) AS 2783–1992, Use of reinforced concrete for small swimming pools. (9) Pool and surrounding structures—Must comply with AS 1926 Set—2007Swimming pool safety Standards Set. Part 2 - Complying development certificate conditions Note: Complying development must comply with the requirements of the Act, the regulations under the Act and this Plan. General conditions Any development specified in Part 1 is subject to the same conditions set out in Division 3 of Part 3 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008. Materials and finishes The colour, texture and substance of all external materials must be as shown in the application. Sydney Water approval The approved plans must be appropriately certified by Sydney Water before the commencement of building works. Certified plans and specifications on site Certified plans, specifications and the consent must be available on site at all times during construction. CANADA BAY LOCAL ENVIRONMENTAL PLAN 2008 - SCHEDULE 4 SCHEDULE 4 – Classification and reclassification of public land (Clause 5.2) Part 1 - Land classified, or reclassified, as operational land—no interests changed ____________________ |____________________| |____________________| |____________________| Part 2 - Land classified, or reclassified, as operational land—interests changed __________________________________________________ |__________________________________________________| |__________________________________________________| |__________________________________________________| Part 3 - Land classified, or reclassified, as community land ____________________ |____________________| |____________________| |____________________| CANADA BAY LOCAL ENVIRONMENTAL PLAN 2008 - SCHEDULE 5 SCHEDULE 5 – Environmental heritage (Clause 5.10) Part 1 - Heritage items ______________________________________________________________________________ |Suburb |Item name |Address |Property |Significance|Item| |______________________________________________________________________________| | | |2 |Lot 19, DP | | | |Abbotsford |Abbotsford House |Abbotsford |270127 |Local |1 | |______________________________________________________________________________| | | | |Lots 7016, | | | | | | |7017 and | | | | | | |7018, DP | | | | | | |1074188; | | | | | | |Lot 1071, | | | | | | |DP 1074188;| | | | | | |Lots 20 and| | | | | | |21, DP | | | | | | |57637; Lot | | | | | | |17, DP | | | | | |Battersea |77464; Lots| | | |Abbotsford |Battersea Park |Street |11, 12 and |Local |16 | | | | |22, DP | | | | | | |939734; | | | | | | |Lots 14 and| | | | | | |16, DP | | | | | | |3790; Lot | | | | | | |15, DP | | | | | | |57112; Lot | | | | | | |13, DP | | | | | | |58560; Lot | | | | | | |20, DP | | | |______________________________________________________________________________| | | |25 |Lot 76, DP | | | |Abbotsford |House |Battersea |3790 |Local |17 | |______________________________________________________________________________| | | |54A |Lot 1, DP | | | |Abbotsford |AWI Office Building |Blackwall |1071918 |Local |23 | |______________________________________________________________________________| | | |Checkley |Lot 1, DP | | | |Abbotsford |Former Animal Quarantine|and Spring |957603; Lot|Local |80 | | |Station |Streets |7052, DP | | | |______________________________________________________________________________| |Abbotsford |Tram Lines |Great North| |Local |218 | |______________________________________________________________________________| |Abbotsford |Tram Shelter Shed |Great North| |Local |219 | |______________________________________________________________________________| |Abbotsford |Electric Street Lights |Great North| |Local |220 | |______________________________________________________________________________| |Abbotsford |Abbotsford Point |Great North|Part Lot 1,|Local |221 | |______________________________________________________________________________| |Abbotsford |Sandstone Kerbing |Great North| |Local |222 | |______________________________________________________________________________| |Abbotsford |Abbotsford Public School|348 Great |Lot 102, DP|Local |231 | |______________________________________________________________________________| |Abbotsford |Abbotsford Community |350 Great |Lot 101, DP|Local |232 | |______________________________________________________________________________| |Abbotsford |House “Mona” |373 Great |Lot B, DP |Local |233 | |______________________________________________________________________________| |Abbotsford |Clubhouse Pavilion and |378 Great |Lot 22, DP |Local |234 | |______________________________________________________________________________| |Abbotsford |Chatham House and its |380 Great |Lot 1, DP |Local |235 | |______________________________________________________________________________| | | |396 Great |Lots X and | | | |Abbotsford |House “Coniston” |North Road |Y, DP |Local |236 | |______________________________________________________________________________| |Abbotsford |House |432 Great |Lot 9, Sec |Local |237 | |______________________________________________________________________________| | | | |Lot 1, DP | | | | | | |4238; Lot | | | | |Tippett Memorial |443–447 |1, DP | | | |Abbotsford |Presbyterian Church and |Great North|128555; |Local |238 | | |Hall |Road |Lots 51 and| | | | | | |52, DP | | | |______________________________________________________________________________| |Abbotsford |Sydney Rowing |613 Great |Lot 100, DP|Local |239 | |______________________________________________________________________________| |Abbotsford |House |1 Poolman |Lot B, DP |Local |385 | |______________________________________________________________________________| |Abbotsford |House |3 Poolman |Lot A, DP |Local |386 | |______________________________________________________________________________| |Abbotsford |House “Gloaming” |14 Raynor |Lot 30, DP |Local |406 | |______________________________________________________________________________| | |MWS and DB Pumping |73 St |Lot 1, DP | | | |Abbotsford |Station |Albans |717220 |Local |414 | |______________________________________________________________________________| | | | |Lot 19, DP | | | | | | |244240; | | | | | | |Lots 1 and | | | | | | |2, DP | | | | | |2P Teviot |667083; Lot| | | |Abbotsford |Werrell Park |Street |20, DP |Local |443 | | | | |244240; Lot| | | | | | |484, DP | | | | | | |39653; Lot | | | | | | |7019, DP | | | |______________________________________________________________________________| | | |Walton | | | | | | |Crescent | | | | | | |corner of | | | | |Abbotsford |Stone Steps |Marmion | |Local |480 | | | |Road, in | | | | | | |front of 43| | | | | | |Walton | | | | |______________________________________________________________________________| |Abbotsford |House |40 Walton |Lot 12, Sec|Local |481 | |______________________________________________________________________________| |Abbotsford |House |55 Walton |Lot 19, Sec|Local |482 | |______________________________________________________________________________| |Abbotsford |Port Jackson Fig Trees |Wymston | |Local |518 | |______________________________________________________________________________| | | |32 Wymston | | | | | |MWS and DB Pumping |Parade |Lots 95 and| | | |Abbotsford |Station |(corner |96, DP 6743|Local |519 | | | |Hill | | | | |______________________________________________________________________________| |Breakfast | |97–99 |Lot 47, DP | | | |Point |Former AGL Power House |Peninsula |270347 |Local |383 | |______________________________________________________________________________| |Breakfast |Former AGL |123 |Lot 46, DP | | | |Point |Blacksmiths’ Shop |Peninsula |270347 |Local |382 | |______________________________________________________________________________| | | |Tennyson | | | | | | |Road (east | | | | | | |side) | | | | | |Former AGL Fence to |between | | | | |Breakfast |Tennyson Road, entrance |Peninsula | |Local |437 | |Point |gates and entry pavilion|Drive and | | | | | | |Emily | | | | | | |Street, | | | | | | |Magnolia | | | | |______________________________________________________________________________| |Breakfast | |19–21 |Lot 1, DP | | | |Point |Former AGL Office No 1 |Tennyson |270347 |Local |438 | |______________________________________________________________________________| |Breakfast |Former AGL Main Meter |19–21 |Lot 64, DP | | | |Point |Readers’ Office |Tennyson |270347 |Local |439 | |______________________________________________________________________________| | |House | | | | | |Cabarita |“Correys”—located |1 Bayside |Lot 1, DP |Local |18 | | |on former Dulux site at |Terrace |270282 | | | |______________________________________________________________________________| | | | |Lot 7081, | | | | |Cabarita | |DP 93923; | | | | |Park—landscape, |Cabarita |Crown Lot | | | |Cabarita |rotunda and swimming |Road |1, DP |Local |58 | | |pool | |126394; Lot| | | | | | |291, DP | | | |______________________________________________________________________________| |Cabarita |Kendall |Cabarita |Lot 64, DP |Local |59 | |______________________________________________________________________________| | |Houses. Pair of Inter- |116–118 |Lots 42 and| | | |Cabarita |War California |Cabarita |43, DP 5167|Local |60 | |______________________________________________________________________________| | | |18 |Lot 15, DP | | | |Cabarita |House |Collingwood|14206 |Local |94 | |______________________________________________________________________________| |Cabarita |House “Correy’s |1 Edgewood |Lot 1, DP |Local |179 | |______________________________________________________________________________| |Cabarita |House |10 Kendall |Lot 2, Sec |Local |271 | |______________________________________________________________________________| | | | |Lot 280, DP| | | |Cabarita |House |31 Phillips|499696; Lot|Local |384 | | | |Street |1, DP | | | |______________________________________________________________________________| | |House “Strathroy” | | | | | |Cabarita |located on former Dulux |1 Strathroy|Lot 63, DP |Local |423 | | |site at 145 Cabarita |Close |270282 | | | |______________________________________________________________________________| |Canada Bay |Hill’s Fig Trees (12) |Bevin | |Local |22 | |______________________________________________________________________________| |Canada Bay |House |1 Renown |Lot 12, DP |Local |407 | |______________________________________________________________________________| |Canada Bay |House |18 Walker |Lot 13, DP |Local |479 | |______________________________________________________________________________| | | |92 |Lot 2, DP | | | |Chiswick |Shop and residence |Blackwall |859664 |Local |24 | |______________________________________________________________________________| |Chiswick |Chiswick Steps and |Chiswick | |Local |81 | |______________________________________________________________________________| | | |16A |Lot C, DP | | | |Chiswick |Entry gates |Chiswick |363811 |Local |82 | |______________________________________________________________________________| |Chiswick |House |18 Chiswick|Lot A, DP |Local |83 | |______________________________________________________________________________| |Chiswick |House |2 Fortescue|Lot 3, DP |Local |204 | |______________________________________________________________________________| | | |Corner Ada | | | | |Concord |Street tree—landscape |and Coles | |Local |7 | |______________________________________________________________________________| |Concord |House “Marathon” |3 Ada |Lot C, DP |Local |2 | |______________________________________________________________________________| |Concord |Federation House |4 Ada |Lot B, DP |Local |3 | |______________________________________________________________________________| |Concord |House and garden |6 Ada |Lot C, DP |Local |4 | |______________________________________________________________________________| |Concord |House |7 Ada |Lot 2, DP |Local |5 | |______________________________________________________________________________| |Concord |Landscape |23 Ada |Lot B, DP |Local |6 | |______________________________________________________________________________| |Concord |House |28 Addison |Lot 14, DP |Local |8 | |______________________________________________________________________________| |Concord |House |2 Alton |Lot A, DP |Local |9 | |______________________________________________________________________________| | | | |Lot 1, DP | | | | | | |782153; Lot| | | | |Mortlake Public |15 Archer |1, DP | | | |Concord |School—school, grounds|Street |729864; |Local |10 | | | | |Lots | | | | | | |180–191, | | | |______________________________________________________________________________| |Concord |Sub-station |1A Arthur |Lot 2, DP |Local |11 | |______________________________________________________________________________| | |Pair of Inter-War |17–19 |Lots 17 and| | | |Concord |Bungalows |Arthur |18, DP |Local |12 | |______________________________________________________________________________| |Concord |House |5 Bayview |Lot 15, DP |Local |14 | |______________________________________________________________________________| |Concord |House |12 Bent |Lot 21, Sec|Local |20 | |______________________________________________________________________________| |Concord |House |24 Bent |Lot 15, Sec|Local |21 | |______________________________________________________________________________| |Concord |House |1 Braddon |Lot B, DP |Local |30 | |______________________________________________________________________________| |Concord |House |13 Brays |Lot 21, Sec|Local |31 | |______________________________________________________________________________| |Concord |House |14 Brays |Lot A, DP |Local |32 | |______________________________________________________________________________| |Concord |Sub-station |40A Brays |Lot 1, DP |Local |33 | |______________________________________________________________________________| | |St Mary’s Anglican | |Lots 1 and | | | |Concord |Church—church and |54 Brays |2, DP 1964;|Local |34 | | |grounds |Road |Lot 1, DP | | | |______________________________________________________________________________| |Concord |Queen Elizabeth |Broughton |Part Lot 1,|Local |35 | |______________________________________________________________________________| | | |32 |Lot 9, DP | | | |Concord |House |Broughton |7625 |Local |36 | |______________________________________________________________________________| | | |36 |Lot B, DP | | | |Concord |House |Broughton |405683 |Local |37 | |______________________________________________________________________________| |Concord |House “Tamar” |20 Burke |Lot 8, DP |Local |38 | |______________________________________________________________________________| | |St Luke’s Anglican |19 Burton |Lots 2 and | | | |Concord |Church—church and |Street |4, DP |Local |40 | |______________________________________________________________________________| |Concord |House “Lansdowne” |25 Burton |Lot 3, Sec |Local |41 | |______________________________________________________________________________| | |Houses “Melaleuca” |31–33 |Lots E and | | | |Concord |and “Clewer”; Pair |Burton |D, DP |Local |42 | | |of terrace houses, |Street |405877 | | | |______________________________________________________________________________| | | |46 Burton |Lot 19, Sec| | | |Concord |House “Loretto” |Street |2, DP |Local |43 | |______________________________________________________________________________| | |St Mary’s | |Lots 1, 2 | | | | |Church—church, |56–60 |and 4, DP | | | |Concord |convent, school, |Burton |455681; |Local |44 | | |presbytery |Street |Lots 1–3,| | | |______________________________________________________________________________| | | |Burwood | | | | | | |Road | | | | | | |(between | | | | |Concord |Street trees—landscape|Crane | |Local |56 | | | |Street and | | | | | | |Duke | | | | |______________________________________________________________________________| |Concord |Former Post Office |22 Burwood |Lot 1, DP |Local |45 | |______________________________________________________________________________| | |Sandstone kerbing (west |22–26 | | | | |Concord |side, |Burwood | |Local |55 | |______________________________________________________________________________| |Concord |Former Anglican Rectory |24 Burwood |Lot Y, DP |Local |46 | |______________________________________________________________________________| |Concord |House |33 Burwood |Lots 6 and |Local |47 | |______________________________________________________________________________| |Concord |House |35 Burwood |Lot 5, DP |Local |48 | |______________________________________________________________________________| | | | |Lot 1, DP | | | | | | |194308; Lot| | | | | | |2, Sec 12, | | | |Concord |Concord Primary |66 Burwood |DP 758623; |Local |49 | | |School—school, grounds|Road |Lots | | | | | | |9–14, Sec| | | | | | |1, DP | | | |______________________________________________________________________________| |Concord |House |104 Burwood|Lot 43, DP |Local |50 | |______________________________________________________________________________| |Concord |House |106 Burwood|Lot A, DP |Local |51 | |______________________________________________________________________________| |Concord |House |108 Burwood|Lot 41, DP |Local |52 | |______________________________________________________________________________| |Concord |House |110 Burwood|Lot 3, DP |Local |53 | |______________________________________________________________________________| | | |166P |Lot 16, DP | | | |Concord |Bayview Park—landscape|Burwood |2063 |Local |54 | |______________________________________________________________________________| |Concord |House and shop |13 Cabarita|Lot 4, DP |Local |61 | |______________________________________________________________________________| |Concord |House “Allenby” |36 Cabarita|Lot 2, DP |Local |62 | |______________________________________________________________________________| |Concord |Street trees—landscape|Castlereagh| |Local |74 | |______________________________________________________________________________| | |“Linden” and |2–4 |Lots 63 and| | | |Concord |“Swinford”. Pair of |Clermont |64, DP 8972|Local |84 | |______________________________________________________________________________| | | |7–11 |Lot 57, DP | | | |Concord |Inter-War Bungalows |Clermont |12418; Lots|Local |85 | | | |Avenue |25 and 26, | | | |______________________________________________________________________________| |Concord |House |8 Clermont |Lot 66, DP |Local |86 | |______________________________________________________________________________| | | | |Lots | | | | | |31 Clermont|13–15, DP| | | |Concord |House “Ardill” |Avenue |8972; Lot |Local |88 | | | | |A, DP | | | |______________________________________________________________________________| |Concord |House |28 Clermont|Lot 34, DP |Local |87 | |______________________________________________________________________________| |Concord |House |36 Clermont|Lot 38, DP |Local |89 | |______________________________________________________________________________| | | | |Lot 1, DP | | | | | | |310934; Lot| | | |Concord |Wesley Uniting |81 Concord |3, DP |Local |99 | | |Church—church and hall|Road |130820; Lot| | | | | | |A, DP | | | |______________________________________________________________________________| |Concord |House |99 Concord |Lot 4, DP |Local |100 | |______________________________________________________________________________| |Concord |House |11 Corby |Lot 13, DP |Local |122 | |______________________________________________________________________________| |Concord |House |12 Corby |Lot 23, DP |Local |123 | |______________________________________________________________________________| |Concord |House |13 Corby |Lot 12, DP |Local |124 | |______________________________________________________________________________| | | |14 |Lots 10 and| | | |Concord |Presbyterian Church |Cormiston |11, DP |Local |125 | |______________________________________________________________________________| | | |23 |Lot A, DP | | | |Concord |House |Cormiston |955442 |Local |126 | |______________________________________________________________________________| | | |42 |Lot 8, Sec | | | |Concord |House “Trerieffe” |Cormiston |A, DP 6538 |Local |127 | |______________________________________________________________________________| | | |51 |Lot 11, Sec| | | |Concord |House |Cormiston |B, DP 6538 |Local |128 | |______________________________________________________________________________| |Concord |House |10 Correys |Lot 10, DP |Local |129 | |______________________________________________________________________________| |Concord |House |16 Correys |Lot 7, DP |Local |130 | |______________________________________________________________________________| |Concord |House |22 Correys |Lot 4, DP |Local |131 | |______________________________________________________________________________| |Concord |House |24 Correys |Lot 3, DP |Local |132 | |______________________________________________________________________________| |Concord |House “Berhilma” |103 Correys|Lot 63, DP |Local |133 | |______________________________________________________________________________| |Concord |House |109 Correys|Lot 66, DP |Local |134 | |______________________________________________________________________________| |Concord |House |111 Correys|Lot 67, DP |Local |135 | |______________________________________________________________________________| |Concord |Shop and residence |28 Crane |Lot 1, DP |Local |136 | |______________________________________________________________________________| | | |42–46 |Lots 1–3,| | | |Concord |Shops |Crane |DP 13862 |Local |137 | |______________________________________________________________________________| |Concord |House |1 Creewood |Lot 4, DP |Local |138 | |______________________________________________________________________________| |Concord |House |2 Creewood |Lot C, DP |Local |139 | |______________________________________________________________________________| |Concord |House |3 Creewood |Lot 5, DP |Local |140 | |______________________________________________________________________________| |Concord |House |4 Creewood |Lot B, DP |Local |141 | |______________________________________________________________________________| |Concord |House |5 Creewood |Lot 6, DP |Local |142 | |______________________________________________________________________________| |Concord |House |6 Creewood |Lot A, DP |Local |143 | |______________________________________________________________________________| |Concord |House |7 Creewood |Lot 7, DP |Local |144 | |______________________________________________________________________________| |Concord |House |8 Creewood |Lot 11, DP |Local |145 | |______________________________________________________________________________| |Concord |House |9 Creewood |Lot 1, DP |Local |146 | |______________________________________________________________________________| |Concord |House |10 Creewood|Lot 12, DP |Local |147 | |______________________________________________________________________________| |Concord |House |11 Creewood|Lot 1, DP |Local |148 | |______________________________________________________________________________| |Concord |House |12 Creewood|Lot 13, DP |Local |149 | |______________________________________________________________________________| |Concord |House |13 Creewood|Lot 2, DP |Local |150 | |______________________________________________________________________________| |Concord |House |14 Creewood|Lot 14, DP |Local |151 | |______________________________________________________________________________| |Concord |House |15 Creewood|Lot 3, DP |Local |152 | |______________________________________________________________________________| |Concord |House |17 Creewood|Lot 4, DP |Local |153 | |______________________________________________________________________________| |Concord |House |19 Creewood|Lot 5, DP |Local |154 | |______________________________________________________________________________| |Concord |House |21 Creewood|Lot 6, DP |Local |155 | |______________________________________________________________________________| |Concord |House |8 Daly |Lot 16, DP |Local |165 | |______________________________________________________________________________| |Concord |House |89 Davidson|Lot 47, DP |Local |166 | |______________________________________________________________________________| |Concord |House |3 Denison |Lot 26, DP |Local |174 | |______________________________________________________________________________| |Concord |Street trees—landscape|Edward | |Local |182 | |______________________________________________________________________________| |Concord |House “Kelvin” |1A Edward |Lot C, DP |Local |180 | |______________________________________________________________________________| |Concord |House |16 Edward |Lot 1, DP |Local |181 | |______________________________________________________________________________| |Concord |House |3 Empire |Lots 9 and |Local |183 | |______________________________________________________________________________| |Concord |House |44 Empire |Lot 2, DP |Local |184 | |______________________________________________________________________________| |Concord |House |48 Empire |Lot 4, DP |Local |185 | |______________________________________________________________________________| |Concord |House |52 Empire |Lot 6, DP |Local |186 | |______________________________________________________________________________| |Concord |House “Marsham” |56 Empire |Lot 8, DP |Local |187 | |______________________________________________________________________________| | | |12 |Lot D, DP | | | |Concord |House |Excelsior |302750 |Local |189 | |______________________________________________________________________________| | | |19 |Lot B, DP | | | |Concord |House |Excelsior |311832 |Local |190 | |______________________________________________________________________________| | | |22 |Lot 2, DP | | | |Concord |House |Excelsior |311776 |Local |191 | |______________________________________________________________________________| |Concord |House |18 Fairview|Lot 1, Sec |Local |192 | |______________________________________________________________________________| | | | |Lots 6281 | | | | | | |and 6282, | | | | | | |DP 3000; | | | |Concord |Henley Park—landscape |Flavelle |Crown Lots |Local |199 | | | |Street |201–210 | | | | | | |and | | | | | | |278–284, | | | |______________________________________________________________________________| |Concord |Adventist |7 Flavelle |Lot 40, DP |Local |196 | |______________________________________________________________________________| |Concord |House |24 Flavelle|Lot 12, DP |Local |197 | |______________________________________________________________________________| |Concord |House |52 Flavelle|Lot 13, DP |Local |198 | |______________________________________________________________________________| |Concord |House |1 Forster |Lot 1, DP |Local |203 | |______________________________________________________________________________| |Concord |Street trees—landscape|Franklyn | |Local |207 | |______________________________________________________________________________| |Concord |House |6 Franklyn |Lot 14, DP |Local |205 | |______________________________________________________________________________| |Concord |House “Wangi” |21 Franklyn|Lot 6, DP |Local |206 | |______________________________________________________________________________| |Concord |House |3 Frederick|Lot A, DP |Local |208 | |______________________________________________________________________________| | |St Patrick’s |33 Gale |Lots | | | |Concord |Church—church, |Street |62–75, DP|Local |209 | |______________________________________________________________________________| |Concord |Victorian House |37 Gale |Lots 60 and|Local |210 | |______________________________________________________________________________| |Concord |Goddard Park—landscape|52P Gipps |Part Lot 1,|Local |214 | |______________________________________________________________________________| |Concord |House—Myraville |74 Gipps |Lot 61, DP |Local |215 | |______________________________________________________________________________| | |Pair of Inter-War |12–14 |Lots 117 | | | |Concord |Moderne Houses |Gloucester |and 118, DP|Local |216 | |______________________________________________________________________________| | | |22 |Lot 1, DP | | | |Concord |House |Gloucester |948504 |Local |217 | |______________________________________________________________________________| |Concord |House |2 Homedale |Lot 80, DP |Local |255 | |______________________________________________________________________________| | | | |Lot 120, DP| | | | | |Ian Parade |752023; Lot| | | | | |(known as |289, DP | | | |Concord |Edwards Park—landscape|1P Wellbank|752023 plus|Local |258 | | | |Street) |2 un- | | | | | | |numbered | | | |______________________________________________________________________________| | | | |Lot B, DP | | | | | |1 Ian |392351; | | | | |Massey Park Golf Course |Parade |Part Lot | | | | |(grounds only) and |(also known|22, DP | | | |Concord |Sanders |as 1C and |56134; Lot |Local |259 | | |Reserve—landscape |1P Ian |18, DP | | | | | |Parade) |5531; Lot | | | | | | |21060, DP | | | |______________________________________________________________________________| |Concord |House |8 Jellicoe |Lot 58, DP |Local |270 | |______________________________________________________________________________| |Concord |House “Unalea” |14 Keppel |Lot 28, DP |Local |272 | |______________________________________________________________________________| | | |14 La |Lot 34, DP | | | |Concord |House “Ypres” |Mascotte |6790 |Local |278 | |______________________________________________________________________________| | | |24 La |Lot 29, DP | | | |Concord |House |Mascotte |6790 |Local |279 | |______________________________________________________________________________| |Concord |House |16 Lancelot|Lot 241, DP|Local |281 | |______________________________________________________________________________| |Concord |Street trees—landscape|Lansdowne | |Local |282 | |______________________________________________________________________________| |Concord |House |1 Lindfield|Lot 4, DP |Local |286 | |______________________________________________________________________________| |Concord |House |2 Lindfield|Lot 1, DP |Local |287 | |______________________________________________________________________________| |Concord |House |3 Lindfield|Lot 5, DP |Local |288 | |______________________________________________________________________________| |Concord |House “Norwich” |4 Lindfield|Lot 2, DP |Local |289 | |______________________________________________________________________________| |Concord |House |5 Lindfield|Lot 6, DP |Local |290 | |______________________________________________________________________________| | | |11 |Lot 9, DP | | | |Concord |House |Lindfield |322322 |Local |291 | |______________________________________________________________________________| |Concord |Street trees—landscape|Links | |Local |300 | |______________________________________________________________________________| |Concord |House |64 Links |Lot 97, DP |Local |292 | |______________________________________________________________________________| |Concord |House |65 Links |Lot 34, DP |Local |293 | |______________________________________________________________________________| |Concord |House |66 Links |Lot 96, DP |Local |294 | |______________________________________________________________________________| |Concord |House |67 Links |Lot 2, DP |Local |295 | |______________________________________________________________________________| |Concord |House |99 Links |Lot 17, DP |Local |296 | |______________________________________________________________________________| |Concord |House |103 Links |Lot 15, DP |Local |297 | |______________________________________________________________________________| |Concord |House “Tarrant” |107 Links |Lot 13, DP |Local |298 | |______________________________________________________________________________| |Concord |House “Janibar” |129 Links |Lot 2, DP |Local |299 | |______________________________________________________________________________| | | |24 Lloyd |Lot B, DP | | | |Concord |House |George |307951 |Local |307 | |______________________________________________________________________________| | |St Luke’s Park | | | | | |Concord |entrance—gateway/ |Loftus |Lot 7077, |Local |308 | | |entrance. Gates and |Street |DP 752023 | | | |______________________________________________________________________________| | |Pair of Inter-War |45–47 |Lots | | | |Concord |Moderne houses |Macnamara |19–20, DP|Local |328 | |______________________________________________________________________________| | | |62 |Lot 6, DP | | | |Concord |House |Macnamara |15502 |Local |329 | |______________________________________________________________________________| | | | |Lot 147, DP| | | | |Concord Golf Course |Majors Bay |752023; | | | |Concord |(grounds |Road |Lots |Local |332 | | |only)—landscape | |10–16, DP| | | |______________________________________________________________________________| | | | |Lot 81A, DP| | | |Concord |Rothwell |Majors Bay |752023; Lot|Local |333 | | |Park—landscape |Road |262, DP | | | |______________________________________________________________________________| |Concord |Street trees in median |Majors Bay | |Local |334 | |______________________________________________________________________________| |Concord |Post Office—building |48 Majors |Lot 2, DP |Local |330 | |______________________________________________________________________________| | |Concord Memorial |138 Majors |Lots | | | |Concord |Hall—hall |Bay Road |59–62, DP|Local |331 | |______________________________________________________________________________| |Concord |House |8 Melbourne|Lot 3, DP |Local |345 | |______________________________________________________________________________| | | |34 |Lot 16, DP | | | |Concord |House |Melbourne |8664 |Local |346 | |______________________________________________________________________________| |Concord |House |33 Noble |Lot 160, DP|Local |364 | |______________________________________________________________________________| |Concord |House “Netherby” and|2 Park |Lot A, DP |Local |368 | |______________________________________________________________________________| |Concord |House |8 Park |Lot 1, DP |Local |369 | |______________________________________________________________________________| |Concord |House |14 Park |Lot 1, DP |Local |370 | |______________________________________________________________________________| |Concord |House |2 Patterson|Lot 22, DP |Local |374 | |______________________________________________________________________________| | | | |Lots 2 and | | | | |Group of Inter-War |13–17 |3, DP | | | |Concord |Bungalows |Patterson |16147; Lot |Local |375 | | | |Street |20, DP | | | |______________________________________________________________________________| | | |21 |Lots 21 and| | | |Concord |House |Patterson |22, DP |Local |376 | |______________________________________________________________________________| | | |32 |Lot 46, DP | | | |Concord |House |Patterson |7594 |Local |377 | |______________________________________________________________________________| | | |44 |Lot 26, DP | | | |Concord |House |Patterson |7594 |Local |378 | |______________________________________________________________________________| | | |59 |Lot 223, DP| | | |Concord |House |Patterson |752023 |Local |379 | |______________________________________________________________________________| | | |95 |Lot B, DP | | | |Concord |House |Patterson |333649 |Local |380 | |______________________________________________________________________________| | | |123 |Lot 6, DP | | | |Concord |House |Patterson |34203 |Local |381 | |______________________________________________________________________________| |Concord |House |34 Salt |Lot 35, DP |Local |410 | |______________________________________________________________________________| |Concord |House |36 Salt |Lot B, DP |Local |411 | |______________________________________________________________________________| | | | |Lot B, DP | | | | | | |414465; Lot| | | | | | |15, DP | | | | | | |8687; Lot | | | |Concord |Concord High School |Stanley |1, DP |Local |421 | | |grounds—landscape |Street |60167; Part| | | | | | |Lot 1, DP | | | | | | |59489; Lot | | | | | | |285, DP | | | |______________________________________________________________________________| |Concord |Street trees—landscape|Stanley | |Local |422 | |______________________________________________________________________________| |Concord |House “Tabratong” |19 Stanley |Lot 2, DP |Local |420 | |______________________________________________________________________________| |Concord |Street trees—landscape|Sydney | |Local |431 | |______________________________________________________________________________| |Concord |Traffic island |Sydney | |Local |432 | |______________________________________________________________________________| |Concord |House “Serendipity” |1 Sydney |Lot 3, DP |Local |429 | |______________________________________________________________________________| |Concord |Sub-station |22A Sydney |Lot 1, DP |Local |430 | |______________________________________________________________________________| | | |10–12 |Lots A and | | | |Concord |Commercial Building |Tennyson |B, DP |Local |436 | |______________________________________________________________________________| | | |10 |Lots | | | |Concord |House and garden |Thornleigh |8–11, DP |Local |461 | |______________________________________________________________________________| | | |11 |Lot 21, DP | | | |Concord |House “Glenora” |Thornleigh |7594 |Local |462 | |______________________________________________________________________________| |Concord |House |8 Tripod |Lot 1, DP |Local |464 | |______________________________________________________________________________| |Concord |House |29 Warbrick|Lot 85, DP |Local |484 | |______________________________________________________________________________| | | |Wellbank | | | | | | |Street, |Part 106A, | | | |Concord |Central Park—landscape|corner of |DP 752023 |Local |492 | | | |Clermont | | | | |______________________________________________________________________________| | | |Wellbank | | | | | |Concord Council |Street, |Lot 5, DP | | | |Concord |Chambers—grounds |corner of |35624 |Local |493 | | |only—landscape |Flavelle | | | | |______________________________________________________________________________| | | |Wellbank | | | | | | |Street | | | | | | |between | | | | |Concord |Street trees—landscape|Clermont | |Local |494 | | | |Avenue and | | | | | | |Concord | | | | |______________________________________________________________________________| |Concord |Sub-station |2A Wellbank|Lot 1, DP |Local |487 | |______________________________________________________________________________| | |Greenlees | | | | | | |Park—landscape | | | | | | | Note: One of 3 | | | | | | | former | |Crown land:| | | | | Arnott’s | |Lots 405 | | | | | administration | |and 482, DP| | | |Concord | cottages |2B Wellbank|752023; |Local |488 | | | originally |Street |Lots 1 and | | | | | located at | |2, DP | | | | | 22–26 George | |607236 | | | | | Street North | | | | | | | Strathfield is | | | | | | | now located in | | | | | |______________________________________________________________________________| |Concord |House |42 Wellbank|Lot 2, DP |Local |489 | |______________________________________________________________________________| | |Baby Health |57A |Lot 297, DP| | | |Concord |Centre—building |Wellbank |752023 |Local |490 | |______________________________________________________________________________| | | |108 |Lot 95, DP | | | |Concord |House |Wellbank |7353 |Local |491 | |______________________________________________________________________________| |Concord |House |22 Zoeller |Lot 1, DP |Local |523 | |______________________________________________________________________________| |Concord |House |46 Zoeller |Lot 3, DP |Local |524 | |______________________________________________________________________________| |Concord |House |55 Zoeller |Lot 13, DP |Local |525 | |______________________________________________________________________________| |Concord |House |10 Bangalla|Lot 65, DP |Local |13 | |______________________________________________________________________________| |Concord |Street trees—landscape|Boronia | |Local |28 | |______________________________________________________________________________| |Concord | |11 |Lot 36, DP | | | |West |House |Castlestead|8976 |Local |75 | |______________________________________________________________________________| |Concord |House |264 Concord|Lot 16, Sec|Local |101 | |______________________________________________________________________________| |Concord |Holy Trinity Anglican |270–272 |Lot 2, DP | | | |West |church—church and |Concord |854835 |Local |102 | |______________________________________________________________________________| |Concord |House |277 Concord|Lot 12, DP |Local |103 | |______________________________________________________________________________| |Concord |House |279 Concord|Lot 11, DP |Local |104 | |______________________________________________________________________________| |Concord |Uniting Church—church |310 Concord|Lots 73 and|Local |105 | |______________________________________________________________________________| | | | |Lot 1, Sec | | | | | | |C, DP | | | |Concord |Masonic Hall—building |315 Concord|10188; Lots|Local |106 | |West | |Road |87 and 88, | | | | | | |Sec C, DP | | | |______________________________________________________________________________| | | | |Lots 4–9 | | | | | | |and | | | | | | |31–34, DP| | | | | | |9353; Lot | | | | | | |1, DP | | | | | | |397135; Lot| | | | | | |1, DP | | | | | | |403986; Lot| | | | | | |1, DP | | | | | | |415541; Lot| | | | | | |1, DP | | | |Concord |Concord West Public |378 Concord|413949; Lot|Local |107 | |West |School—school |Road |1, DP | | | | | | |415864; Lot| | | | | | |1, DP | | | | | | |415538; Lot| | | | | | |2, DP | | | | | | |395296; Lot| | | | | | |1, DP | | | | | | |441539; Lot| | | | | | |1, DP | | | | | | |391492; Lot| | | | | | |1, DP | | | |______________________________________________________________________________| |Concord |House |14 Consett |Lot 8, Sec |Local |120 | |______________________________________________________________________________| |Concord |House |63 Consett |Lot 28, Sec|Local |121 | |______________________________________________________________________________| |Concord |Street trees—landscape|Cumming | |Local |163 | |______________________________________________________________________________| |Concord |House |16 Cumming |Lot 32, DP |Local |159 | |______________________________________________________________________________| |Concord |House |18 Cumming |Lot 33, DP |Local |160 | |______________________________________________________________________________| |Concord |House and garden |22 Cumming |Lot 35, DP |Local |161 | |______________________________________________________________________________| |Concord |House |26 Cumming |Lot 37, DP |Local |162 | |______________________________________________________________________________| | |ThomWalker Hospital | | | | | | |Group—main building, | |Lot 1, DP | | | | |former children’s | |725129; DP | | | |Concord |hospital, former |1A Hospital|57372; Part|State |257 | |West |stables, former cottage,|Road |Lot 1, DP | | | | |The Watergate, store, | |166721 | | | | |garage, grounds, entry | | | | | |______________________________________________________________________________| | |Concord Repatriation |1C and 1H | | | | |Concord |Hospital—original main|Hospital |Lot 2, DP |Local |256 | |West |building, grounds and |Road |89877 | | | |______________________________________________________________________________| |Concord |House |4 Iandra |Lot 34, Sec|Local |260 | |______________________________________________________________________________| |Concord |House |7 Iandra |Lot 36, Sec|Local |261 | |______________________________________________________________________________| |Concord |House |10 Iandra |Lot 31, Sec|Local |262 | |______________________________________________________________________________| |Concord | |11 Iandra |Lots 38 and| | | |West |House |Street |68, Sec G, |Local |263 | |______________________________________________________________________________| |Concord |House |13 Iandra |Lot 39, Sec|Local |264 | |______________________________________________________________________________| |Concord |House and garden |42 Iandra |Lot 15, Sec|Local |265 | |______________________________________________________________________________| |Concord |House and garden |44 Iandra |Lot 14, Sec|Local |266 | |______________________________________________________________________________| |Concord |House and garden |46 Iandra |Lot 13, Sec|Local |267 | |______________________________________________________________________________| |Concord |House |52 Iandra |Lot 10, Sec|Local |268 | |______________________________________________________________________________| |Concord |House |54 Iandra |Lot 9, Sec |Local |269 | |______________________________________________________________________________| | | | |Lot 7062, | | | | | | |DP 93918; | | | | | | |Crown Lot | | | | | | |4, DP | | | |Concord |Rhodes Park Kokoda Trail|Killoola |20270; Lot | | | |West |Memorial—landscape |Street |1, DP |Local |273 | | | | |85560; Lots| | | | | | |9–25, DP | | | | | | |20309; Lot | | | | | | |1, DP | | | |______________________________________________________________________________| |Concord |House |1 Mackenzie|Lot 16A, DP|Local |324 | |______________________________________________________________________________| |Concord | |54 |Lot 5, Sec | | | |West |House |Mackenzie |C, DP 6487 |Local |325 | |______________________________________________________________________________| |Concord | |56 |Lot 4, Sec | | | |West |House “Camellia” |Mackenzie |C, DP 6487 |Local |326 | |______________________________________________________________________________| |Concord |Pair of Inter-War |74–76 |Lots 6 and | | | |West |Bungalows |Mackenzie |7, Sec 2, |Local |327 | |______________________________________________________________________________| |Concord |House |59 Mepunga |Lot 76, Sec|Local |347 | |______________________________________________________________________________| |Concord |Street trees—landscape|Myall | |Local |356 | |______________________________________________________________________________| |Concord |House “Halcyon” and |76 Myall |Lot 17, Sec|Local |355 | |______________________________________________________________________________| |Concord |Pair of Inter-War Modern|15–17 |Lots 53 and| | | |West |houses |Nirranda |54, Sec C, |Local |361 | |______________________________________________________________________________| |Concord |House |35 Nirranda|Lot 63, Sec|Local |362 | |______________________________________________________________________________| |Concord |House |79 Nirranda|Lot 1, DP |Local |363 | |______________________________________________________________________________| | |Arthur Walker | | | | | | |Reserve—landscape | | | | | | | Note: One of 3 | | | | | | | former | | | | | | | Arnott’s | | | | | | | administration | | | | | |Concord | cottages |Nullawarra |Lot 6, DP |Local |366 | |West | originally |Avenue |606747 | | | | | located at | | | | | | | 22–26 George | | | | | | | Street, North | | | | | | | Strathfield is | | | | | | | now located in | | | | | |______________________________________________________________________________| |Concord |Street trees—landscape|Nullawarra | |Local |367 | |______________________________________________________________________________| | |Dame Eadith Walker | | | | | | |Hospital Group—Dairy, | | | | | | |Gatehouse, Coach House, | | | | | | |“Boronia” cottage, | | | | | | |timber garages, | | | | | |Concord |“Woodbine” cottage, |11 |Lots 1 and | | | |West |Stables, Prince of Wales|Nullawarra |2, DP |State |444 | | |Squash Courts, |Avenue |231732 | | | | |“Yaralla House”, | | | | | | |“Jonquil” cottage, | | | | | | |garages, “Magnolia” | | | | | | |cottage, hospital | | | | | |______________________________________________________________________________| |Concord |Concord West Railway |Queen |Lot 101, DP|Local |394 | |______________________________________________________________________________| |Concord |Concord West Railway |Queen |Lot 101, DP|Local |395 | |______________________________________________________________________________| |Concord |House |52 Queen |Lot 10, DP |Local |389 | |______________________________________________________________________________| |Concord |House |173 Queen |Lot 20, Sec|Local |390 | |______________________________________________________________________________| |Concord |House |177 Queen |Lot 22, Sec|Local |391 | |______________________________________________________________________________| |Concord |St Ambrose |227 Queen |Lot 14, Sec|Local |392 | |______________________________________________________________________________| |Concord |House |361 Queen |Lot 23, DP |Local |393 | |______________________________________________________________________________| |Concord |Street trees—landscape|The Drive | |Local |451 | |______________________________________________________________________________| |Concord |House |8 The Drive|Lot 32, Sec|Local |445 | |______________________________________________________________________________| |Concord |House and garden |28 The |Lot 22, Sec|Local |446 | |______________________________________________________________________________| |Concord |House |39 The |Lot 55, Sec|Local |447 | |______________________________________________________________________________| |Concord |House and garden |40 The |Lot 16, Sec|Local |448 | |______________________________________________________________________________| |Concord |House |58 The |Lot 7, Sec |Local |449 | |______________________________________________________________________________| |Concord |House “The Lodge” |67 The |Lot 68, Sec|Local |450 | |______________________________________________________________________________| |Concord |House |12 Victoria|Lot 19, DP |Local |465 | |______________________________________________________________________________| |Concord |Shop |29 Victoria|Lot 46, DP |Local |466 | |______________________________________________________________________________| | | |64–66 |Lot 5, DP | | | |Concord |Powell’s Creek |Victoria |778667; Lot|Local |467 | |West |Reserve—landscape |Avenue |2, DP | | | |______________________________________________________________________________| | | |Wilga | | | | |Concord |Post Box—Federation |Street and | | | | |West |Post Box |corner of | |Local |503 | | | |Concord | | | | |______________________________________________________________________________| |Concord |House |11 Wilga |Lot 60, Sec|Local |497 | |______________________________________________________________________________| |Concord |House |12 Wilga |Lot 40, Sec|Local |498 | |______________________________________________________________________________| |Concord |House |13 Wilga |Lot 61, Sec|Local |499 | |______________________________________________________________________________| |Concord |House “Edgecote” |52 Wilga |Lot 20, Sec|Local |500 | |______________________________________________________________________________| |Concord |House |56 Wilga |Lot 18, Sec|Local |501 | |______________________________________________________________________________| |Concord |House |77 Wilga |Lot 93, Sec|Local |502 | |______________________________________________________________________________| |Concord |Street trees—landscape|Wunda Road | |Local |517 | |______________________________________________________________________________| |Concord |House |6 Wunda |Lot 2, DP |Local |515 | |______________________________________________________________________________| |Concord |House “Curzon” |9 Wunda |Lot 2, DP |Local |516 | |______________________________________________________________________________| |Concord |Street trees—landscape|Yaralla | |Local |521 | |______________________________________________________________________________| | | | |Lots 1–6 | | | |Concord |Warbrick |87P Yaralla|and | | | |West |Park—landscape |Street |29–32, |Local |520 | | | | |Sec 1, DP | | | |______________________________________________________________________________| | |Pair of semi-detached |7–9 |Lots D and | | | |Drummoyne |houses |Bayswater |E, DP |Local |19 | |______________________________________________________________________________| | | |Corner | | | | |Drummoyne |Drummoyne Baptist Church|Bowman and |Lot 1, DP |Local |29 | | | |Tranmere |974933 | | | |______________________________________________________________________________| |Drummoyne |House |13 Burnell |Lot 39, DP |Local |39 | |______________________________________________________________________________| | | |14 |Part Lot B,| | | |Drummoyne |House “Carthona” |Cambridge |DP 310000 |Local |63 | |______________________________________________________________________________| | | |70 Cary | | | | | | |Street |Lot 5, Sec | | | |Drummoyne |House |(also known|11, DP 862 |Local |72 | | | |70 Roseby | | | | |______________________________________________________________________________| | | |72 Cary | | | | | | |Street |Lot 4, Sec | | | |Drummoyne |House |(also known|11, DP 862 |Local |73 | | | |72 Roseby | | | | |______________________________________________________________________________| |Drummoyne |St Bede’s Anglican |14 College |Lot 1, DP |Local |90 | |______________________________________________________________________________| | | | |Lots 39 and| | | | |St Bede’s Anglican |21 College |41, Sec 2, | | | |Drummoyne |Church Rectory and Hall |Street |DP 967; Lot|Local |91 | | |(former church) | |B, DP | | | |______________________________________________________________________________| |Drummoyne |Uniting Church and Hall |33 College |Lot 27, Sec|Local |92 | |______________________________________________________________________________| |Drummoyne |The Manse |63 College |Lot 1, DP |Local |93 | |______________________________________________________________________________| | | |5–11 |Lots | | | |Drummoyne |Group of four Victorian |Collingwood|21–24, |Local |95 | | |Italianate houses |Street |Sec 3, DP | | | |______________________________________________________________________________| | | |23 |Lot 30, DP | | | |Drummoyne |House “Glendalough” |Collingwood|964; Lot 1,|Local |96 | |______________________________________________________________________________| | | |26 | | | | | | |Collingwood| | | | | | |Street |Lot 1, DP | | | |Drummoyne |House |(also known|127369 |Local |97 | | | |123 St | | | | | | |Georges | | | | |______________________________________________________________________________| | | |28 | | | | | | |Collingwood|Lot 27, Sec| | | | | |Street |5, DP 964; | | | |Drummoyne |House |(also known|Lot 1, DP |Local |98 | | | |125 St |912029 | | | | | |Georges | | | | |______________________________________________________________________________| | | | |Lots 99 and| | | | | | |Part 100, | | | | |Scout Hall, Former |11 Dening |DP 980; Lot| | | |Drummoyne |Residence |Street |98, DP |Local |167 | | | | |661923; Lot| | | | | | |1, DP | | | |______________________________________________________________________________| |Drummoyne |House “Emstone |13 Dening |Lot 97, DP |Local |168 | |______________________________________________________________________________| |Drummoyne |House “Dorothy” |22 Dening |Lot 12, DP |Local |169 | |______________________________________________________________________________| |Drummoyne |House |24 Dening |Lot 13, DP |Local |170 | |______________________________________________________________________________| |Drummoyne |House |25 Dening |Lot 91, DP |Local |171 | |______________________________________________________________________________| |Drummoyne |House |26 Dening |Lot 14, DP |Local |172 | |______________________________________________________________________________| |Drummoyne |House |54 Dening |Lot 1, DP |Local |173 | |______________________________________________________________________________| |Drummoyne |House “Clovelly” |1 Drummoyne|Lot 1, DP |Local |175 | |______________________________________________________________________________| | | | |Lots 37 and| | | | | | |38, DP | | | | | |14 |3076; Lot | | | |Drummoyne |Marist Brothers’ House|Drummoyne |1, DP |Local |176 | | | |Avenue |949058; Lot| | | | | | |1, DP | | | |______________________________________________________________________________| | |House |16 |Lot 1, DP | | | |Drummoyne |“Shalimar”—private|Drummoyne |850331 |Local |177 | |______________________________________________________________________________| | | |44 |Lot 1, DP | | | |Drummoyne |House “Tobique” |Drummoyne |927266 |Local |178 | |______________________________________________________________________________| |Drummoyne |House |18 Formosa |Lot 1, DP |Local |200 | |______________________________________________________________________________| | | | |Lots 1 and | | | | | |20–22 |2, DP | | | |Drummoyne |Pair of semi-detached |Formosa |203823; |Local |201 | | |houses |Street |Lots 6 and | | | | | | |7, DP | | | |______________________________________________________________________________| |Drummoyne |House |32 Formosa |Lot 1, DP |Local |202 | |______________________________________________________________________________| |Drummoyne |House |19 Hampden |Lot A, DP |Local |240 | |______________________________________________________________________________| |Drummoyne |House |21 Hampden |Lot B, DP |Local |241 | |______________________________________________________________________________| | |Natural Foreshore |Henley | | | | |Drummoyne |between Ullathorne |Marine | |Local |242 | | |Street and Drummoyne |Drive | | | | |______________________________________________________________________________| | | |Henley | | | | | | |Marine | | | | | | |Drive | | | | |Drummoyne |Iron Cove Bridge |between the| |Local |243 | | |Abutment (1882) |bridge and | | | | | | |the | | | | | | |swimming | | | | |______________________________________________________________________________| | | |Corner | | | | | | |Henley | | | | | | |Marine | | | | | | |Drive and |Lot 1, DP | | | |Drummoyne |MWS and DB Sewerage |Ullathorne |437891; Lot|Local |246 | | |Pumping Station |Street |2, DP | | | | | |(119W |437891 | | | | | |Henley | | | | | | |Marine | | | | |______________________________________________________________________________| | |Palms, Camphor Laurels, | | | | | |Drummoyne |Brush Box and Hill’s |Lyons Road | |Local |310 | |______________________________________________________________________________| |Drummoyne |Hotel |13 Lyons |Lot 1, DP |Local |311 | |______________________________________________________________________________| |Drummoyne |Drummoyne Fire Station |29 Lyons |Lot 1, DP |Local |312 | |______________________________________________________________________________| | |Drummoyne Presbyterian | | | | | |Drummoyne |Church and Sir |31 Lyons |Lot 1, Sec |Local |313 | | |ThomHenley Memorial |Road |3, DP 967 | | | |______________________________________________________________________________| | | |38–50 |Lots | | | |Drummoyne |Sutton Place Shops |Lyons Road |1–22, DP |Local |314 | |______________________________________________________________________________| |Drummoyne |House “Kinvara” |54 Lyons |Lot 2, DP |Local |315 | |______________________________________________________________________________| |Drummoyne |Sydney Electricity Sub- |60 Lyons |Lot 70, DP |Local |316 | |______________________________________________________________________________| |Drummoyne |House |68 Lyons |Lot 3, DP |Local |317 | |______________________________________________________________________________| |Drummoyne |House |153 Lyons |Lots 2 and |Local |318 | |______________________________________________________________________________| | | | |Lots 1 and | | | | |War Memorial Monument |1A |2, DP | | | |Drummoyne |(on grounds of Council |Marlborough|1091309; |Local |343 | | |Chambers) |Street |Lot 1, DP | | | |______________________________________________________________________________| | |House |35 |Lots | | | |Drummoyne |“Rosebank—Waratah”|Marlborough|1–26, SP |Local |344 | |______________________________________________________________________________| | | |10 Park |Lots 30 and| | | |Drummoyne |House |Avenue |31, Sec 8, |Local |372 | |______________________________________________________________________________| |Drummoyne |House |39 Park |Lot 18, Sec|Local |373 | |______________________________________________________________________________| |Drummoyne |House |24 Moore |Lot 60, DP |Local |351 | |______________________________________________________________________________| |Drummoyne |House |31 Moore |Lot 28, DP |Local |352 | |______________________________________________________________________________| |Drummoyne |House |40 Moore |Lots 52 and|Local |353 | |______________________________________________________________________________| | | |Rawson |Lots | | | |Drummoyne |Reservoir |Avenue |13–16, DP|State |404 | |______________________________________________________________________________| |Drummoyne |Drummoyne Public School |Rawson |Lot 1, DP |Local |405 | |______________________________________________________________________________| |Drummoyne |Birkenhead Point, Former|19A Roseby |Lot 110, DP|Local |409 | |______________________________________________________________________________| |Drummoyne |House |7 South |Lot 2, DP |Local |413 | |______________________________________________________________________________| | | |41 St |Lot 48, DP | | | |Drummoyne |House |George’s |3771 |Local |415 | |______________________________________________________________________________| | | |52–52A St|Lots 1 and | | | |Drummoyne |House |George’s |2, DP |Local |416 | |______________________________________________________________________________| | | |123 St | | | | | | |George’s | | | | | | |Crescent |Lot 1, DP | | | |Drummoyne |House |(also known|127369 |Local |417 | | | |26 | | | | | | |Collingwood| | | | |______________________________________________________________________________| | | |125 St | | | | | | |George’s | | | | |Drummoyne |House |Crescent |Lot 27, Sec|Local |418 | | | |(known 28 |5, DP 964 | | | | | |Collingwood| | | | |______________________________________________________________________________| | | |129 St | | | | | | |George’s | | | | | | |Crescent |Lot 1, DP | | | |Drummoyne |House |(known 129 |965863 |Local |419 | | | |Lower St | | | | | | |George’s | | | | |______________________________________________________________________________| |Drummoyne |House |1 Stuart |Lots 1 and |Local |424 | |______________________________________________________________________________| | | |Thompson | | | | |Drummoyne |Bourketown Square |and | |Local |452 | | | |Plunkett | | | | |______________________________________________________________________________| |Drummoyne |Electric Street Light |Thompson | |Local |453 | |______________________________________________________________________________| |Drummoyne |Shop and Residence |50 Thompson|Lot A, DP |Local |454 | |______________________________________________________________________________| |Drummoyne |House “The Laurels” |53 Thompson|Lot 19, DP |Local |455 | |______________________________________________________________________________| |Drummoyne |Shop and Residence |54 Thompson|Lot 1, DP |Local |456 | |______________________________________________________________________________| |Drummoyne |House “Glendenning” |55 Thompson|Lot 20, DP |Local |457 | |______________________________________________________________________________| |Drummoyne |House “Wyncroft” |57 Thompson|Lot 21, DP |Local |458 | |______________________________________________________________________________| | | |62A |Lot 6, DP | | | |Drummoyne |House “Rhodesia” |Thompson |3045 |Local |459 | |______________________________________________________________________________| |Drummoyne |House “Alma” |66 Thompson|Lot 5, DP |Local |460 | |______________________________________________________________________________| | | | |Lot 21, DP | | | | | | |662855; | | | | |St Mark’s Catholic |35 Tranmere|Lots 19 and| | | |Drummoyne |Church and grounds |Street |20, Sec 1, |Local |463 | | | | |DP 967; Lot| | | | | | |18, DP | | | |______________________________________________________________________________| | | |308 |Lot 5, DP | | | |Drummoyne |House |Victoria |659465; Lot|Local |468 | | | |Place |1, DP | | | |______________________________________________________________________________| | | |339 |Lot 3, DP | | | |Drummoyne |House |Victoria |377400 |Local |469 | |______________________________________________________________________________| | | |341 |Lot 2, DP | | | |Drummoyne |House |Victoria |377400 |Local |470 | |______________________________________________________________________________| | | |343 |Lot 1, DP | | | |Drummoyne |House |Victoria |377400 |Local |471 | |______________________________________________________________________________| | | |348 |Lot 13, DP | | | |Drummoyne |Boatshed |Victoria |1514 |Local |472 | |______________________________________________________________________________| | | |352 |Lot 100, DP| | | |Drummoyne |House |Victoria |1012238 |Local |473 | |______________________________________________________________________________| | | | |Lots 7057 | | | | |Howley Park, Five Dock |361P |and 7058, | | | |Drummoyne |Point |Victoria |DP 94083; |Local |475 | | | |Place |Lot 1, DP | | | |______________________________________________________________________________| | |Abutments Gladesville |End | | | | |Drummoyne |Bridge, Five Dock Point |Victoria | |Local |474 | |______________________________________________________________________________| |Drummoyne |Shop and Residence |64 Victoria|Lot 6, DP |Local |476 | |______________________________________________________________________________| | | |191 |Lot 8, Sec | | | |Drummoyne |Westpac Bank |Victoria |1, DP 862 |Local |477 | |______________________________________________________________________________| | |Reorganised Church of |234 |Lot 1, DP | | | |Drummoyne |Jesus Christ of Latter |Victoria |777456 |Local |478 | |______________________________________________________________________________| | | |24 |Lot B, DP | | | |Drummoyne |MWS and DB Pump House |Westbourne |396119 |Local |495 | |______________________________________________________________________________| | | |46 |Lot 1, DP | | | |Drummoyne |House |Westbourne |11002119 |Local |496 | |______________________________________________________________________________| |Drummoyne |House |1 Wolseley |Lot 1, DP |Local |504 | |______________________________________________________________________________| |Drummoyne |House |3 Wolseley |Lot 37, Sec|Local |505 | |______________________________________________________________________________| |Drummoyne |House |4 Wolseley |Lot 17, DP |Local |506 | |______________________________________________________________________________| |Drummoyne |House |9 Wolseley |Lot 101, DP|Local |507 | |______________________________________________________________________________| |Drummoyne |House “Yawatta” |11 Wolseley|Lot 1, DP |Local |508 | |______________________________________________________________________________| |Drummoyne |Brush Box Street |Wrights | |Local |510 | |______________________________________________________________________________| |Drummoyne |House |2 Wrights |Lot A, DP |Local |511 | |______________________________________________________________________________| |Drummoyne |Stone Abutments |4P Wrights |Lot 498, DP|Local |509 | |______________________________________________________________________________| | | | |Lots 5 and | | | |Drummoyne |House “Dunaverty” |8 Wrights |6, DP 964; |Local |512 | | |and garden |Road |Lot 1, DP | | | |______________________________________________________________________________| |Drummoyne |Canary Island Palms (2) |28 Wrights |Lot 5, Sec |Local |513 | |______________________________________________________________________________| |Drummoyne |House “Omrah” |45 Wrights |Lot A, DP |Local |514 | |______________________________________________________________________________| | | |Henley | | | | |Drummoyne |Iron Cove Foreshore |Marine | | | | |and Five |Drive |Drive and | |Local |244 | |Dock | |Timbrell | | | | |______________________________________________________________________________| | | |Barnstaple | | | | | | |Road, |Lot 3, DP | | | |Five Dock |Five Dock Oval and Park |Ingham |717249 |Local |15 | | | |Avenue and | | | | |______________________________________________________________________________| | | |30 |Lot 30, Sec| | | |Five Dock |House |Connecticut|B, DP 5738 |Local |119 | |______________________________________________________________________________| | | |18 Erina |Lots 1 and | | | |Five Dock |House “Erina” |Avenue |2, DP |Local |188 | |______________________________________________________________________________| |Five Dock |House |93 First |Lot 143, DP|Local |193 | |______________________________________________________________________________| | | | |Lot 1, DP | | | |Five Dock |Domremy Convent Group |121 First |128043; Lot|Local |194 | | | |Avenue |5, DP | | | |______________________________________________________________________________| |Five Dock |Five Dock Masonic Hall |177 First |Lots 24 and|Local |195 | |______________________________________________________________________________| |Five Dock |Police Station |14 Garfield|Lot 1, DP |Local |211 | |______________________________________________________________________________| | | | |Lot 1, DP | | | |Five Dock |Five Dock Hotel |74 Great |125908; Lot|Local |223 | | | |North Road |A, DP | | | |______________________________________________________________________________| |Five Dock |Former CBC of Sydney |94 Great |Lot 1, DP |Local |224 | |______________________________________________________________________________| | | |133–135 |Lots 8 and | | | |Five Dock |Attached shops |Great North|9, DP |Local |225 | |______________________________________________________________________________| | |St Alban’s Anglican |171–173 |Lot D, DP | | | |Five Dock |Church |Great North|158552; Lot|Local |226 | |______________________________________________________________________________| |Five Dock |St Alban’s Anglican |175 Great |Lot 7, DP |Local |227 | |______________________________________________________________________________| | |St Alban’s Anglican |177–179 |Part Lot 6,| | | |Five Dock |Church Hall and Shops |Great North|DP 17324 |Local |228 | |______________________________________________________________________________| |Five Dock |Post Office |187 Great |Lot 1, DP |Local |229 | |______________________________________________________________________________| | | |189–193 |Lots 1–3,| | | |Five Dock |Terrace of three shops |Great North|DP 11313 |Local |230 | |______________________________________________________________________________| |Five Dock |House |28 Henry |Lot 2, DP |Local |248 | |______________________________________________________________________________| |Five Dock |Five Dock Public School |33E Henry |Lot 1, DP |Local |247 | |______________________________________________________________________________| |Five Dock |House |58 Henry |Lot 1, DP |Local |249 | |______________________________________________________________________________| |Five Dock |House |60 Henry |Lot 2, DP |Local |250 | |______________________________________________________________________________| |Five Dock |House |62 Henry |Lot 3, DP |Local |251 | |______________________________________________________________________________| |Five Dock |House |64 Henry |Lot 4, DP |Local |252 | |______________________________________________________________________________| |Five Dock |House |44 Kings |Lot 1, DP |Local |274 | |______________________________________________________________________________| |Five Dock |House |46 Kings |Part Lot 2,|Local |275 | |______________________________________________________________________________| |Five Dock |House |48 Kings |Lot 3, DP |Local |276 | |______________________________________________________________________________| |Five Dock |House |20 Kirrang |Lot 38, DP |Local |277 | |______________________________________________________________________________| |Five Dock |Corner Shop and |30 Lavender|Lot 18, DP |Local |283 | |______________________________________________________________________________| | | |Lyons Road | | | | | | |between | | | | |Five Dock |Hills Figs |Great North| |Local |322 | | | |Road and | | | | | | |418 Lyons | | | | |______________________________________________________________________________| | | |Lyons Road | | | | | |Palms, Camphor Laurels |between | | | | |Five Dock |and Brush Box |Gipps and | |Local |323 | | | |Dening | | | | |______________________________________________________________________________| |Five Dock |House |410 Lyons |Lot B, DP |Local |320 | |______________________________________________________________________________| |Five Dock |Brush Box Street |Lyons Road | |Local |321 | |______________________________________________________________________________| | | |38 |Lot 33, Sec| | | |Five Dock |House “Allowrie” |Minnesota |A, DP 5738 |Local |348 | |______________________________________________________________________________| | | |43 |Lot 9, Sec | | | |Five Dock |House |Minnesota |B, DP 5738 |Local |349 | |______________________________________________________________________________| | | |42 |Lot B, DP | | | |Five Dock |House “Murralong” |Murralong |312650 |Local |354 | |______________________________________________________________________________| |Five Dock |House “Lazy Acres” |1 Norman |Lot 2, DP |Local |365 | |______________________________________________________________________________| | | |121 |Lot 10, DP | | | |Five Dock |Rosebank College |Parramatta |718237 |Local |371 | |______________________________________________________________________________| |Five Dock |House |16 Queens |Lot 10, DP |Local |398 | |______________________________________________________________________________| |Five Dock |House |18 Queens |Lot B, DP |Local |399 | |______________________________________________________________________________| |Five Dock |House “Riverview” |44 Queens |Lot 1, DP |Local |400 | |______________________________________________________________________________| |Five Dock |One of a pair of Terrace|140 Queens |Lot 101, DP|Local |401 | |______________________________________________________________________________| |Five Dock |One of a pair of Terrace|142 Queens |Lot 100, DP|Local |402 | |______________________________________________________________________________| |Five Dock |Pair of Shops |82–84 |Lot 1, DP |Local |403 | |______________________________________________________________________________| |Five Dock |House |6 Rodd Road|Lot 27, DP |Local |408 | |______________________________________________________________________________| |Five Dock |House |32 Wareemba|Lot 51, Sec|Local |485 | |______________________________________________________________________________| | | |39 |Lot 11, DP | | | |Five Dock |House |Waterview |869673 |Local |486 | |______________________________________________________________________________| | | | |Lot A, DP | | | |Five Dock |Pair of semi-detached |1A–5 York|321125; Lot|Local |522 | | |houses |Avenue |1, DP | | | |______________________________________________________________________________| | | | |Lot 41, DP | | | | | | |736614; Lot| | | | |Wangal Centenary |Hilly |1, DP | | | |Mortlake |Bushland |Street |738239; |Local |254 | | |Reserve—landscape | |Lots 10 and| | | | | | |11, DP | | | |______________________________________________________________________________| |Mortlake |Mortlake Punt—ramp, |33W Hilly |Part Lot 1,|Local |253 | |______________________________________________________________________________| |Mortlake |Palace Hotel |62 Tennyson|Lot 4, DP |Local |440 | |______________________________________________________________________________| |Mortlake |Shop |64 Tennyson|Lots 15 and|Local |441 | |______________________________________________________________________________| |Mortlake |Shop |70 Tennyson|Lot 3, DP |Local |442 | |______________________________________________________________________________| |North | |2 |Lots 66 and| | | |Strathfield|House |Carrington |67, Sec 4, |Local |64 | |______________________________________________________________________________| |North |Concord Baptist |3 |Lots 33 and| | | |Strathfield|Church—church |Carrington |34, Sec 3, |Local |65 | |______________________________________________________________________________| |North | |4 |Lots 68 and| | | |Strathfield|House |Carrington |69, Sec 4, |Local |66 | |______________________________________________________________________________| |North | |7 |Lots 29 and| | | |Strathfield|House |Carrington |30, Sec 3, |Local |67 | |______________________________________________________________________________| |North | |13 |Lot 26, Sec| | | |Strathfield|House |Carrington |3, DP 1835 |Local |68 | |______________________________________________________________________________| |North | |14 |Lot 1, DP | | | |Strathfield|House |Carrington |918828 |Local |69 | |______________________________________________________________________________| |North | |17 |Lot 24, Sec| | | |Strathfield|House |Carrington |3, DP 1835 |Local |70 | |______________________________________________________________________________| |North | |19 |Lots 22 and| | | |Strathfield|House |Carrington |23, Sec 3, |Local |71 | |______________________________________________________________________________| |North | |64 Concord |Lots 2 and | | | |Strathfield|House |Road |3, DP |Local |108 | |______________________________________________________________________________| |North |Yaralla |156–166 |Lot 1, DP | | | |Strathfield|Cottages—houses and |Concord |115900 |Local |109 | |______________________________________________________________________________| |North |House and garden |176 Concord|Lot 15, DP |Local |110 | |______________________________________________________________________________| |North |St Stephen’s |182 Concord|Lots 14 and| | | |Strathfield|Presbyterian |Road |15, Sec B, |Local |111 | |______________________________________________________________________________| |North |Commonwealth Bank |191 Concord|Lot 31, DP |Local |112 | |______________________________________________________________________________| | | | |Lot 1, DP | | | |North |Strathfield North Public|249 Concord|117820; | | | |Strathfield|School—school and |Road |Lots |Local |113 | | |grounds | |25–30, DP| | | |______________________________________________________________________________| |North |Street trees—landscape|Cumming | |Local |164 | |______________________________________________________________________________| |North | |16–18 |Lot 1, DP | | | |Strathfield|Shops |George |1002876 |Local |212 | |______________________________________________________________________________| |North |Sub-station |40A George |Lot 1, DP |Local |213 | |______________________________________________________________________________| |North |Street trees—landscape|Napier | |Local |357 | |______________________________________________________________________________| |North |House |8 Nelson |Lot 41, Sec|Local |358 | |______________________________________________________________________________| |North |House |13 Nelson |Lot 11, Sec|Local |359 | |______________________________________________________________________________| |North |House |24 Nelson |Lot A, DP |Local |360 | |______________________________________________________________________________| |North |House “Sunnyside” |14 Princess|Lot 1, DP |Local |387 | |______________________________________________________________________________| |North |House |26 Princess|Lot 63, DP |Local |388 | |______________________________________________________________________________| | |Street trees (adjacent | | | | | |North |to North Strathfield |Queen |Lot 101, DP|Local |397 | |Strathfield|Railway |Street |1002884 | | | |______________________________________________________________________________| |North | |15 Queen |Lots 1 and | | | |Strathfield|House |Street |2, Sec 4, |Local |396 | |______________________________________________________________________________| |North |House |4 Shipley |Lot 5, Sec |Local |412 | |______________________________________________________________________________| |North | |11 Sydney |Lots | | | |Strathfield|House |Street |45–47, DP|Local |433 | |______________________________________________________________________________| |North | |23 Sydney |Lots | | | |Strathfield|House |Street |35–38, DP|Local |434 | |______________________________________________________________________________| | | | |Lots 25 and| | | |North |Pair of Victorian Gothic|33–35 |26, DP | | | |Strathfield|Villas |Sydney |1835; Lot |Local |435 | | | |Street |3, DP | | | |______________________________________________________________________________| |North |House |10 Waratah |Lot 31, DP |Local |483 | |______________________________________________________________________________| | |Rhodes Railway |Blaxland | | | | |Rhodes |Station—Platforms 2 |Road | |State |25 | |______________________________________________________________________________| |Rhodes |House and garden |59 Blaxland|Lot 24, DP |Local |26 | |______________________________________________________________________________| | | |63 Blaxland|Lot 21, DP | | | |Rhodes |Rhodes Public School |Road |5923; Lot |Local |27 | |______________________________________________________________________________| |Rhodes |Street trees—landscape|Cavell | |Local |79 | |______________________________________________________________________________| | |Concord Community |4A Cavell |Lots 40 and| | | |Rhodes |Hostel—grounds |Avenue |41, DP 5923|Local |76 | |______________________________________________________________________________| |Rhodes |Warehouse |14 Cavell |Lot 50, DP |Local |77 | |______________________________________________________________________________| |Rhodes |House |35 Cavell |Lot 135, DP|Local |78 | |______________________________________________________________________________| | | | |Lots | | | |Rhodes |King George V |Concord |14–17 and|Local |114 | | |Park—landscape |Road |25–28, DP| | | |______________________________________________________________________________| | |Ryde Bridge street trees|Concord | | | | |Rhodes |(Ryde Bridge |Road | |Local |116 | |______________________________________________________________________________| |Rhodes |Uhr’s Point |Concord |Lot 7051, |Local |117 | |______________________________________________________________________________| | | | |Lot 502, DP| | | | | | |752023; | | | | | | |Crown Lots | | | | | | |17–21 and| | | | | |Concord |23, DP | | | | | |Road |792101; Lot| | | | | |(corner |61, DP | | | |Rhodes |McIlwaine |Blaxland |668894; Lot|Local |115 | | |Park—landscape |Road and |1, DP | | | | | |Mary |724123; | | | | | |Street) |PTB, DP | | | | | | |399950; Lot| | | | | | |18, DP | | | | | | |527623; Lot| | | | | | |2, DP | | | |______________________________________________________________________________| |Rhodes |Rhodes Industrial |410 Concord|Lot 12, DP |Local |118 | |______________________________________________________________________________| |Rhodes |Street trees—landscape|Cropley | |Local |158 | |______________________________________________________________________________| |Rhodes |House |6 Cropley |Lot B, DP |Local |156 | |______________________________________________________________________________| |Rhodes |House “Cressbrooke” |19 Cropley |Lot 104, DP|Local |157 | |______________________________________________________________________________| |Rhodes |Street trees—landscape|Llewellyn | |Local |306 | |______________________________________________________________________________| | | |20 |Lot 79, DP | | | |Rhodes |House |Llewellyn |6401 |Local |301 | |______________________________________________________________________________| | | |23 |Lot 13, DP | | | |Rhodes |House “Kilcreggan” |Llewellyn |522452 |Local |302 | |______________________________________________________________________________| | | |37 |Lot 15, DP | | | |Rhodes |House |Llewellyn |6401 |Local |303 | |______________________________________________________________________________| | | |71 |Lot 32, DP | | | |Rhodes |House |Llewellyn |6401 |Local |304 | |______________________________________________________________________________| | |House “Monaro” and |73 |Lot 33, DP | | | |Rhodes |garden |Llewellyn |6401 |Local |305 | |______________________________________________________________________________| | | | |Lot 15068, | | | | | |Henley |DP 1603 | | | |Rodd Point |Rodd Park and Family |Marine |(Crown); |Local |245 | | |Vault |Drive |Part Lot | | | | | | |130, DP | | | |______________________________________________________________________________| | | | |Lots 17 and| | | | |MWS and DB Pump House No|33B Byrne |18, DP | | | |Russell Lea|65 |Avenue |8867; Lot |Local |57 | | | | |101, DP | | | |______________________________________________________________________________| |Russell Lea|House “Glenwood” |21 Lamrock |Lot 21, DP |Local |280 | |______________________________________________________________________________| |Russell Lea|House |7 Luc |Lot 2, DP |Local |309 | |______________________________________________________________________________| |Russell Lea|Service Station |313 Lyons |Lot 4, DP |Local |319 | |______________________________________________________________________________| |Russell Lea|House |11 Mooculta|Lot 12, Sec|Local |350 | |______________________________________________________________________________| |Strathfield|House |5 Leicester|Lot 1, DP |Local |284 | |______________________________________________________________________________| |Strathfield|House |7 Leicester|Lot A, DP |Local |285 | |______________________________________________________________________________| |______________________________________________________________________________| |Strathfield|House |10 Manson |Lot 10, DP |Local |335 | |______________________________________________________________________________| |Strathfield|House |14 Manson |Lot 2, DP |Local |336 | |______________________________________________________________________________| |Strathfield|House |16 Manson |Lot 1, DP |Local |337 | |______________________________________________________________________________| |Strathfield|House and garden |18 Manson |Lot 2, DP |Local |338 | |______________________________________________________________________________| |Strathfield|House |20 Manson |Lot 1, DP |Local |339 | |______________________________________________________________________________| | | |22–24 |Lots A and | | | |Strathfield|House |Manson Road|B, DP |Local |340 | |______________________________________________________________________________| |Strathfield|House |30 Manson |Lot 25, DP |Local |341 | |______________________________________________________________________________| |Strathfield|House |19 Swan |Lot 10, DP |Local |426 | |______________________________________________________________________________| |Strathfield|House |20 Swan |Lot 39, DP |Local |427 | |______________________________________________________________________________| | | | |Lots | | | | |St Andrew’s |37 Swan |20–23, DP| | | |Strathfield|Church—church |Avenue |5336; Lot |Local |425 | | | | |1, DP | | | |______________________________________________________________________________| | |Milling Place—mature | | | | | |Strathfield|deodar, cedar trees |42P Swan |Lot 2, DP |Local |428 | | |(known Swan Avenue |Avenue |868755 | | | |______________________________________________________________________________| Part 2 - Heritage conservation areas _____________________________________________________________________________ |_____________________________________________________________________________| |Bourketown Conservation Area |Shown by red hatching and |Local | |_____________________________________________________________________________| |Parklands Estate Conservation |Shown by red hatching and |Local | |_____________________________________________________________________________| |Drummoyne Park Conservation Area |Shown by red hatching and |Local | |_____________________________________________________________________________| |Drummoyne Avenue East |Shown by red hatching and |Local | |_____________________________________________________________________________| |Drummoyne Avenue West |Shown by red hatching and |Local | |_____________________________________________________________________________| |Victoria Road Retail Conservation|Shown by red hatching and |Local | |_____________________________________________________________________________| |Gears Avenue Conservation Area |Shown by red hatching and |Local | |_____________________________________________________________________________| |Hampden Road Conservation Area |Shown by red hatching and |Local | |_____________________________________________________________________________| |Thompson Street Conservation Area|Shown by red hatching and |Local | |_____________________________________________________________________________| |Gipps Street Conservation Area |Shown by red hatching and |Local | |_____________________________________________________________________________| |Marlborough and Tavistock Streets|Shown by red hatching and |Local | |_____________________________________________________________________________| |Birkenhead and Dawson Estates |Shown by red hatching and |Local | |_____________________________________________________________________________| |Mons Street and Boronia Avenue |Shown by red hatching and |Local | |_____________________________________________________________________________| |Moore Street Conservation Area |Shown by red hatching and |Local | |_____________________________________________________________________________| |Yaralla Estate Conservation Area |Shown by red hatching and |Local | |_____________________________________________________________________________| |Park Avenue Conservation Area |Shown by red hatching and |Local | |_____________________________________________________________________________| |Lindfield Avenue Conservation |Shown by red hatching and |Local | |_____________________________________________________________________________| |Creewood Street Conservation Area|Shown by red hatching and |Local | |_____________________________________________________________________________| |Powell’s Estate Conservation |Shown by red hatching and |Local | |_____________________________________________________________________________| |Majors Bay Road Conservation Area|Shown by red hatching and |Local | |_____________________________________________________________________________| CANADA BAY LOCAL ENVIRONMENTAL PLAN 2008 - SCHEDULE 6 SCHEDULE 6 – Transitional provisions for certain sites (Clause 6.9) Part 1 - Development of certain land at Breakfast Point 1 Land to which this Part applies This Part applies to the land that is former Lot 1, DP 716536, as shown on Sheet 4 of the Special Transitional Sites Map and identified as “B1”, “B2”, “B3” and “B4”. 2 Planning and development objectives for Breakfast Point The objectives relating to the planning and development of the land to which this Part applies are as follows: (a) (i) to provide a hierarchy of roads and landscape elements to distinguish access points and different types of circulation through Breakfast Point, and (ii) to provide access to and through Breakfast Point that is safe and convenient for all users (for example, public transport, private vehicles, cyclists and pedestrians) and minimises adverse environmental amenity impacts, and (iii) to ensure public pedestrian and cycle access along the foreshore and between the foreshore and adjoining public areas such as Cabarita Park, and (iv) to provide convenient access for people with disabilities, and (v) to encourage the establishment of a suitable ferry wharf, and (vi) to encourage integrated public transport systems to service Breakfast Point and adjoining neighbourhoods, and (vii) to provide adequate vehicle and bicycle parking, in terms of demand and design, for employees, residents and visitors, (b) (i) to provide a variety of housing types and forms having regard to the needs of the community, and (ii) to encourage buildings that physically address the public domain and particularly the street, and (iii) to promote the integration of heritage buildings and items with new buildings and open space, and (iv) to position low-rise buildings next to existing residential areas and provide a gradation of higher buildings towards the centre of Breakfast Point so that impacts of higher buildings on existing residential areas are contained, and (v) to ensure the creation, retention and enhancement of significant vistas to and from Breakfast Point and, in particular, to and from the Parramatta River, and (vi) to provide development that responds to the topography of Breakfast Point and incorporates the natural and man- made landscape features, and (vii) to use appropriate separation between buildings as a means of providing acoustic and visual privacy, and (viii) to recognise the unique characteristics and development objectives of the different precincts into which Breakfast Point is divided. In general, these precincts and their respective characteristics and development objectives are as follows: Precinct B1 generally comprises the southern part of Breakfast Point, adjoining existing residential areas in Brays Road and Bishop and Medora Streets. Its objective is to provide low- rise residential development that is of a scale, style and character sympathetic to existing residential development in the locality, without imitating that development. Precinct B2 generally comprises the northern part of Breakfast Point fronting the Parramatta River. Its objectives are: • to integrate future development with heritage items remaining in this precinct, and • to encourage development that takes advantage of views and view corridors to and from the Parramatta River, and • to provide supporting land uses around any ferry wharf, and • to integrate other development with the public access and landscaped open space provided along the foreshore. Precinct B3 generally comprises the central part of Breakfast Point. Its objectives are: • to encourage taller forms of development where adverse impacts on existing adjoining residential areas are less likely to occur and where views of the Parramatta River and beyond can be achieved, and • to integrate new development with heritage items. Precinct B4 generally comprises the western part of Breakfast Point, adjoining Tennyson Road and Emily Street. Its objectives are: • to integrate future development with heritage items remaining in this precinct, and • to encourage the location of non- residential uses in this precinct as well as residential uses. (c) to ensure ecologically sustainable development as a means of meeting the needs of the present without compromising the ability of future generations to meet their own needs, (d) to provide development that addresses environmental amenity issues (both on the land to which this Part applies and in surrounding residential areas) such as noise levels, traffic generation, overshadowing, privacy, visual amenity and ecological sustainability, (e) (i) to conserve and enhance the environmental heritage of the local government area of the City of Canada Bay, and (ii) to integrate heritage items with new development on Breakfast Point, and (iii) to incorporate in the pattern of uses of Breakfast Point a recognition of the former history of Breakfast Point by encouraging the adaptive re-use of heritage items through adaptation and modification, and the incorporation, if appropriate, of industrial artefacts, (f) (i) to promote a mix of land uses in a coordinated way combining business and employment opportunities in the area and opportunities for people to live and work in an urban village environment, and (ii) to provide development on Breakfast Point for primarily residential uses, including a proportion of housing designed for the aged, persons with disabilities and those on a low income, and (iii) to limit the scale and adverse impacts of non- residential uses and minimise their adverse impacts on residential areas, and (iv) to encourage retailing and community uses that serve the local community, (g) (i) to use landscaping as a means of enhancing the quality of the built environment and the perception of public accessibility of streetscapes and public spaces, and (ii) to apply ecologically sustainable development principles as a part of the landscape design, and the on- going maintenance of landscaped areas, and (iii) to include native flora species in landscaping for its scenic and habitat values, such plantings being of suitable maturity and species, and (iv) to use landscaping as a means of providing acoustic and visual privacy by encouraging such devices as appropriate walls, screen planting and level changes, (h) to ensure a holistic planning approach for the whole of Breakfast Point, (i) (i) to provide development that enhances and complements an attractive and functional public domain, and (ii) to provide development of open space for passive and active recreational use by residents, employees and the public, and (iii) to provide public open space and ensure public access along the foreshore and linking to Cabarita Park and provide open space linkages throughout the site. (iv) to provide view opportunities to and from the Parramatta River by means of the open space design, and (v) to provide a hierarchy of open space areas of different sizes and functions that are interspersed throughout Breakfast Point. 3 Restrictions on development (1) The consent authority must not grant consent for development of the land to which this Part applies unless it is satisfied that a minimum of 2 primary vehicular access points to the land to which this Part applies will be or have been provided, one of which must be on the southern side of the land to which this Part applies and one of which must be on the western side of that land. (2) The consent authority must not grant consent to a development application relating to the land to which this Part applies unless it is satisfied that the proposed development is designed to have regard to such of the objectives relating to that land as are relevant to the proposed development. (3) The consent authority may, for the purpose of complying with subclause (2), consider the location of the boundaries between precincts to be approximate, but not to the extent that one or more precincts are extinguished and not to the extent that the objectives for each precinct cannot be met. (4) Despite Part 2 of this Plan, a person may, with the consent of consent authority, on the part of the land to which this Part applies that is defined as foreshore public open space, carry out development for the purpose of boatsheds, seawalls, slipways, jetties, wharves, waterway access stairs or swimming pools, or for the purpose of open space, landscaping, picnic facilities, cycleways or walking trails, accessible by the public, or carry out development that is, in the opinion of the consent authority, required by and ancillary to development elsewhere. (5) The consent authority must not grant consent to a development application relating to either: (a) any part of the land to which this Part applies which adjoins that part of the land to which this Part applies that is defined as foreshore public open space, or (b) the foreshore public open space, unless the consent authority is satisfied that the proposed development is so designed as to have regard to the function of the foreshore public open space, and adequate access to and from the foreshore public open space and other public space (if any) on the remainder of the land to which this Part applies will be or has been provided. (6) The consent authority may only grant consent to development of the land to which this Part applies for the purpose of: (a) landscaping, or (b) remediation, or (c) demolition of buildings other than heritage items, or (d) development that is, in the opinion of the consent authority, of a minor nature, if it has had regard to a plan identifying numerically and graphically the Containment Cell Area or Areas that are to be constructed on the land to which this Part applies. 4 Carrying out works A person must not, on the land to which this Part applies: (a) disturb or excavate any land for any purpose, or (b) carry out any land filling, or (c) clear trees or other vegetation from the land to which this Part applies, or (d) alter the landscape or carry out any landscaping, without the consent of the consent authority, otherwise than in cases of emergency, or for the purpose of repairing, maintaining or carrying out minor alterations to existing buildings, works or landscaping. 5 Development standards (1) Despite any other provision of this Plan (but subject to compliance with the Floor Space Ratio Map), a person may, with the consent of the consent authority, carry out development for the purpose of non-residential land uses on the land to which this Part applies, but only if: (a) the total gross floor area of all buildings comprising the development does not exceed 15% of the total floor area permissible under the Floor Space Ratio Map for the land to which this Part applies, and (b) the location of the development is considered suitable by the consent authority, having regard to the existing and likely future surrounding residential amenity and existing and likely future road and public transport access, and (c) not more than 10,000m 2 of gross floor area will be used on the land to which this Part applies for the purpose of business premises and retail premises (whether or not in the same building). (2) The maximum number of dwellings that may be erected on the land to which this Part applies is 40 dwellings per hectare. (3) The consent authority must not grant consent for development for the purpose of non-residential buildings or land uses unless it is satisfied the traffic impacts on the road network will be equivalent to or less than the traffic impacts on the road network that would be generated by the maximum number of dwellings allowed by subclause (2) in the absence of any additional development. (4) In this clause: "road network" means the road network external to the land to which this Part applies. 6 Definitions In this Part: "Containment Cell Area" means the part of the land to which this Part applies in which there is, or is required by a condition of development consent to be, constructed a containment cell for contaminated fill. "foreshore public open space" means that part of the land to which this Part applies shown on Sheets 2 and 4 of the Special Transitional Sites Map and identified as “B5”, and that has a width of 15m, measured from the top of the sea wall fronting Parramatta River after remediation of that part of the land to which this Part applies has been completed. "Precinct" means a part of the land to which this Part applies that is shown on Sheets 2 and 4 of the Special Transitional Sites Map and identified as “B1”, “B2”, “B3” and “B4”. Part 2 - Development on certain land in North Strathfield 7 Land to which this Part applies This Part applies to land in North Strathfield as shown on Sheet 3 of the Special Transitional Sites Map and identified as “A”. 8 Consent for development on the land may only be granted in certain circumstances The consent authority must not grant consent to development on land to which this Part applies unless it is satisfied that: (a) the proposed development is consistent with, and enables achievement of, an overall integrated design for the land in relation to the following: (i) building height, siting, arrangements and finishes, (ii) landscaping, (iii) open space, (iv) pedestrian movement, (v) car parking, (vi) road access, (vii) public transport access, (viii) local and subregional traffic management, (ix) drainage, (x) environmental sustainability, (xi) arrangement of land uses, and (b) the proposed development will not have any significant adverse effect on the amenity of the site and the operation of the adjacent Main Northern Railway Line during the construction of any buildings or works or their operation. 9 Restriction on granting consent for large floor areas The consent authority must not grant consent to development on Lot 1, DP 829703 and Part Lot 1, DP 1002876, George Street, North Strathfield if granting the consent would result in: (a) more than 6,000m 2 of gross floor area being used for the purposes of retail premises (excluding restaurants), or (b) more than 3,500m 2 of gross floor area being used for the purposes of a supermarket. Part 3 - Development of the former Sydney Wire Mill site 10 Land to which this Part applies This Part applies to the land comprising the property known as the Sydney Wire Mill site, Blackwall Point Road, Chiswick, as shown on Sheet 4 of the Special Transitional Sites Map and identified as “C”. 11 Sizes applying to certain development on the site Despite any other provision of this Plan, development may be carried out on land to which this Part applies, with the consent of the consent authority, for the purpose of neighbourhood shops, food and drink premises and office premises, but only if: (a) the total floor space occupied by those uses does not exceed 1,200m 2, and (b) no single use occupies more than 300m 2 or, in the case of office premises, 400m 2. Part 4 - Development of land at 27 George Street, North Strathfield 12 Land to which this Part applies This Part applies to Lot 1, DP 942153 and Lot 1, DP 936751, being No 27 George Street, North Strathfield. 13 Minimum gross floor area for business or retail premises A minimum of 10% of the gross floor area of the land to which this Part applies must be used for either business premises or retail premises (other than function centres, pubs, registered clubs, service stations, sex service premises, timber and building supplies and vehicle sales or hire premises). 14 Minimum residential floor space for certain housing A minimum of 10% of the residential floor space of the land to which this Part applies must be developed for seniors housing. Part 5 - Development of land in Zone B6 Enterprise Corridor 15 Land to which this Part applies This Part applies to land in Zone B6 Enterprise Corridor. 16 Objectives of this Part The objectives of this Part are as follows: (a) to ensure a high level of acoustic privacy is given to residents who live in the vicinity of Parramatta Road, (b) to ensure that apartments with a frontage to Parramatta Road are designed to give direct access to natural ventilation, (c) to improve the amenity of developments through the retention or planting of large and medium size trees. 17 Setback from Parramatta Road The consent authority must not grant consent to residential accommodation on land to which this Part applies unless it is set back a minimum of 20m from the boundary of the land next to Parramatta Road. CANADA BAY LOCAL ENVIRONMENTAL PLAN 2008 - SCHEDULE 99 DICTIONARY (Clause 1.4) "Aboriginal object" means any deposit, object or other material evidence (not being a handicraft made for sale) relating to the Aboriginal habitation of an area of New South Wales, being habitation before or concurrent with (or both) the occupation of that area by persons of non-Aboriginal extraction, and includes Aboriginal remains. "Aboriginal place of heritage significance" means an area of land, the general location of which is identified in an Aboriginal heritage study adopted by the Council after public exhibition and that may be shown on the Heritage Map, that is: (a) the site of one or more Aboriginal objects or a place that has the physical remains of pre-European occupation by, or is of contemporary significance to, the Aboriginal people. It may (but need not) 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 sacred trees and sharpening grooves, or (b) a natural Aboriginal sacred site or other sacred feature. It includes natural features such as creeks or mountains of long- standing cultural significance, as well as initiation, ceremonial or story places or areas of more contemporary cultural significance. Note: The term may include (but is not limited to) places that are declared under section 84 of the National Parks and Wildlife Act 1974 to be Aboriginal places for the purposes of that Act. "acid sulfate soils" means naturally occurring sediments and soils containing iron sulfides (principally pyrite) or their precursors or oxidation products, whose exposure to oxygen leads to the generation of sulfuric acid (for example, by drainage or excavation). "Acid Sulfate Soils Manual" means the manual by that name published by the Acid Sulfate Soils Management Advisory Committee and made publicly available. "Acid Sulfate Soils Map" means the Canada Bay Local Environmental Plan 2008 Acid Sulfate Soils Map. "advertisement" has the same meaning as in the Act. Note: The term is defined as a sign, notice, device or representation in the nature of an advertisement visible from any public place or public reserve or from any navigable water. "advertising structure" has the same meaning as in the Act. Note: The term is defined as a structure used or to be used principally for the display of an advertisement. Advertising structures are a type of "signage" —see the definition of that term in this Dictionary. "affordable housing" has the same meaning as in the Act. Note: The term is defined as housing for very low income households, low income households or moderate income households, being such households as are prescribed by the regulations or as are provided for in an environmental planning instrument. "agricultural produce industry" means a building or place used for the handling, treating, processing or packing, for commercial purposes, of produce from agriculture (including dairy products, seeds, fruit, vegetables or other plant material), and includes wineries, flour mills, cotton seed oil plants, cotton gins, feed mills, cheese and butter factories, and juicing or canning plants, but does not include a livestock processing industry. Note: Agricultural produce industries are a type of "rural industry" —see the definition of that term in this Dictionary. "agriculture" means any of the following: (a) aquaculture, (b) extensive agriculture, (c) intensive livestock agriculture, (d) intensive plant agriculture. Note: Part 6 of the Plantations and Reafforestation Act 1999 provides that exempt farm forestry within the meaning of that Act is not subject to the Environmental Planning and Assessment Act 1979. "air transport facility" means an airport or a heliport that is not part of an airport, and includes associated communication and air traffic control facilities or structures. "airport" means a place that is used for the landing, taking off, parking, maintenance or repair of aeroplanes, and includes associated buildings, installations, facilities and movement areas and any heliport that is part of the airport. Note: Airports are a type of "air transport facility" —see the definition of that term in this Dictionary. "airstrip" means a single runway for the landing, taking off or parking of aeroplanes for private aviation only, but does not include an airport, heliport or helipad. "amusement centre" means a building or place (not being part of a pub or registered club) used principally for playing: (a) billiards, pool or other like games, or (b) electronic or mechanical amusement devices, such as pinball machines, computer or video games and the like. "animal boarding or training establishment" means a building or place used for the breeding, boarding, training, keeping or caring of animals for commercial purposes (other than for the agistment of horses), and includes any associated riding school or ancillary veterinary hospital. "aquaculture" has the same meaning as in the Fisheries Management Act 1994. Note: Aquaculture is a type of "agriculture" —see the definition of that term in this Dictionary. "archaeological site" means a place that contains one or more relics. "attached dwelling" means a building containing 3 or more dwellings, where: (a) each dwelling is attached to another dwelling by a common wall, and (b) each of the dwellings is on its own lot of land, and (c) none of the dwellings is located above any part of another dwelling. Note: Attached dwellings are a type of "residential accommodation" —see the definition of that term in this Dictionary. "attic" means any habitable space, but not a separate dwelling, contained wholly within a roof above the ceiling line of the storey immediately below, except for minor elements such as dormer windows and the like. "backpackers’ accommodation" means a building or place that: (a) provides temporary or short-term accommodation on a commercial basis, and (b) has shared facilities, such as a communal bathroom, kitchen or laundry, and (c) provides accommodation on a bed or dormitory-style basis (rather than by room). Note: Backpackers’ accommodation is a type of "tourist and visitor accommodation" —see the definition of that term in this Dictionary. "basement" means the space of a building where the floor level of that space is predominantly below ground level (existing) and where the floor level of the storey immediately above is less than 1 metre above ground level (existing). "bed and breakfast accommodation" means an existing dwelling in which temporary or short-term accommodation is provided on a commercial basis by the permanent residents of the dwelling and where: (a) meals are provided for guests only, and (b) cooking facilities for the preparation of meals are not provided within guests’ rooms, and (c) dormitory-style accommodation is not provided. Note: See clause 5.4 for controls relating to the number of bedrooms for bed and breakfast accommodation. Bed and breakfast accommodation is a type of "tourist and visitor accommodation" —see the definition of that term in this Dictionary. "bee keeping" means a building or place used for the keeping and breeding of bees for commercial purposes. Note: Bee keeping is a type of "extensive agriculture" —see the definition of that term in this Dictionary. "biodiversity" means biological diversity. "biological diversity" has the same meaning as in the Threatened Species Conservation Act 1995. The term is defined as follows: "biological diversity" means the diversity of life and is made up of the following 3 components: (a) genetic diversity—the variety of genes (or units of heredity) in any population, (b) species diversity—the variety of species, (c) ecosystem diversity—the variety of communities or ecosystems. "biosolids treatment facility" means a building or place used as a facility for the treatment of biosolids from a sewage treatment plant or from a water recycling facility. Note: Biosolids treatment facilities are a type of "sewerage system" —see the definition of that term in this Dictionary. "boarding house" means a building that: (a) is wholly or partly let in lodgings, and (b) provides lodgers with a principal place of residence for 3 months or more, and (c) may have shared facilities, such as a communal living room, bathroom, kitchen or laundry, and (d) has rooms, some or all of which may have private kitchen and bathroom facilities, that accommodate one or more lodgers, but does not include backpackers’ accommodation, a group home, hotel or motel accommodation, seniors housing or a serviced apartment. Note: Boarding houses are a type of "residential accommodation" —see the definition of that term in this Dictionary. "boat building and repair facility" means any facility (including a building or other structure) used primarily for the construction, maintenance or repair of boats, whether or not including the storage, sale or hire of boats, but does not include a marina or boat shed. "boat launching ramp" means a structure designed primarily for the launching of trailer borne recreational vessels, and includes associated car parking facilities. "boat shed" means a building or other structure used for the storage and routine maintenance of a boat or boats and that is associated with a private dwelling or non-profit organisation, and includes any skid used in connection with the building or other structure. "brothel" has the same meaning as in the Act. Note: This definition is relevant to the definitions of "home occupation (sex services)" and "sex services premises" in this Dictionary. "building" has the same meaning as in the Act. Note: The term is defined to include part of a building and any structure or part of a structure, but not including a manufactured home, a moveable dwelling or associated structure (or part of a manufactured home, moveable dwelling or associated structure). "building height" (or "height of building") means the vertical distance between ground level (existing) and the highest point of the building, including plant and lift overruns, but excluding communication devices, antennae, satellite dishes, masts, flagpoles, chimneys, flues and the like. "building identification sign" means a sign that identifies or names a building and that may include the name of a building, the street name and number of a building, and a logo or other symbol but does not include general advertising of products, goods or services. Note: Building identification signs are a type of "signage" —see the definition of that term in this Dictionary. "building line" or "setback" means the horizontal distance between the property boundary or other stated boundary (measured at 90 degrees from the boundary) and: (a) a building wall, or (b) the outside face of any balcony, deck or the like, or (c) the supporting posts of a carport or verandah roof, whichever distance is the shortest. "bulky goods premises" means a building or place the principal purpose of which is the sale, hire or display of bulky goods, being goods that are of such size or weight as to require: (a) a large area for handling, display or storage, and (b) direct vehicular access to the site of the building or place by members of the public for the purpose of loading or unloading such goods into or from their vehicles after purchase or hire, and including goods such as floor and window supplies, furniture, household electrical goods, equestrian supplies and swimming pools, but does not include a building or place used for the sale of foodstuffs or clothing unless their sale is ancillary to the sale or hire or display of bulky goods. Note: Bulky goods premises are a type of "retail premises" —see the definition of that term in this Dictionary. "bush fire hazard reduction work" has the same meaning as in the Rural Fires Act 1997. The term is defined as follows: "bush fire hazard reduction work" means: (a) the establishment or maintenance of fire breaks on land, and (b) the controlled application of appropriate fire regimes or other means for the reduction or modification of available fuels within a predetermined area to mitigate against the spread of a bush fire, but does not include construction of a track, trail or road. "bush fire prone land" has the same meaning as in the Act. Note: The term is defined, in relation to an area, as land recorded for the time being as bush fire prone land on a map for the area certified as referred to in section 146 (2) of the Act. "bush fire risk management plan" means a plan prepared under Division 4 of Part 3 of the Rural Fires Act 1997 for the purpose referred to in section 54 of that Act. "business identification sign" means a sign: (a) that indicates: (i) the name of the person or business, and (ii) the nature of the business carried on by the person at the premises or place at which the sign is displayed, and (b) that may include the address of the premises or place and a logo or other symbol that identifies the business, but that does not contain any advertising relating to a person who does not carry on business at the premises or place. Note: Business identification signs are a type of "signage" —see the definition of that term in this Dictionary. "business premises" means a building or place at or on which: (a) an occupation, profession or trade (other than an industry) is carried on for the provision of services directly to members of the public on a regular basis, or (b) a service is provided directly to members of the public on a regular basis, and includes a funeral home and, without limitation, premises such as banks, post offices, hairdressers, dry cleaners, travel agencies, internet access facilities, betting agencies and the like, but does not include an entertainment facility, home business, home occupation, home occupation (sex services), medical centre, restricted premises, sex services premises or veterinary hospital. Note: Business premises are a type of "commercial premises" —see the definition of that term in this Dictionary. "camping ground" means an area of land that has access to communal amenities and on which campervans or tents, annexes or other similar portable and lightweight temporary shelters are, or are to be, installed, erected or placed for short term use, but does not include a caravan park. "canal estate development" means development that incorporates wholly or in part a constructed canal, or other waterway or waterbody, that is inundated by or drains to a natural waterway or natural waterbody by surface water or groundwater movement (not being works of drainage, or for the supply or treatment of water, that are constructed by or with the authority of a person or body responsible for those functions and that are limited to the minimal reasonable size and capacity to meet a demonstrated need for the works), and that either: (a) includes the construction of dwellings (which may include tourist and visitor accommodation) of a kind other than, or in addition to: (i) dwellings that are permitted on rural land, and (ii) dwellings that are used for caretaker or staff purposes, or (b) requires the use of a sufficient depth of fill material to raise the level of all or part of that land on which the dwellings are (or are proposed to be) located in order to comply with requirements relating to residential development on flood prone land. "car park" means a building or place primarily used for the purpose of parking motor vehicles, including any manoeuvring space and access thereto, 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, installed or placed. "catchment action plan" has the same meaning as in the Catchment Management Authorities Act 2003. Note: The term is defined as a catchment action plan of an authority that has been approved by the Minister under Part 4 of the Catchment Management Authorities Act 2003. "cellar door premises" means a building or place that is used to sell wine by retail and that is situated on land on which there is a commercial vineyard, and where most of the wine offered for sale is produced in a winery situated on that land or is produced predominantly from grapes grown in the surrounding area. Note: Cellar door premises are a type of "retail premises" —see the definition of that term in this Dictionary. "cemetery" means a building or place used primarily for the interment of deceased persons or pets or their ashes, whether or not it contains an associated building for conducting memorial services. "charter and tourism boating facility" means any facility (including a building or other structure) used for charter boating or tourism boating purposes, being a facility that is used only by the operators of the facility and that has a direct structural connection between the foreshore and the waterway, but does not include a marina. "child care centre" means a building or place used for the supervision and care of children that: (a) provides long day care, pre-school care, occasional child care or out-of-school-hours care, and (b) does not provide overnight accommodation for children other than those related to the owner or operator of the centre, but does not include: (c) a building or place used for home-based child care, or (d) an out-of-home care service provided by an agency or organisation accredited by the Children’s Guardian, or (e) a baby-sitting, playgroup or child-minding service that is organised informally by the parents of the children concerned, or (f) a service provided for fewer than 5 children (disregarding any children who are related to the person providing the service) at the premises at which at least one of the children resides, being a service that is not advertised, or (g) a regular child-minding service that is provided in connection with a recreational or commercial facility (such as a gymnasium), by or on behalf of the person conducting the facility, to care for children while the children’s parents are using the facility, or (h) a service that is concerned primarily with the provision of: (i) lessons or coaching in, or providing for participation in, a cultural, recreational, religious or sporting activity, or (ii) private tutoring, or (i) a school, or (j) a service provided at exempt premises (within the meaning of Chapter 12 of the Children and Young Persons (Care and Protection) Act 1998), such as hospitals, but only if the service is established, registered or licensed as part of the institution operating on those premises. "classified road" has the same meaning as in the Roads Act 1993. The term is defined as follows: "classified road" means any of the following: (a) a main road, (b) a highway, (c) a freeway, (d) a controlled access road, (e) a secondary road, (f) a tourist road, (g) a tollway, (h) a transitway, (i) a State work. (See Roads Act 1993 for meanings of these terms.) "clearing native vegetation" has the same meaning as in the Native Vegetation Act 2003. The term is defined as follows: "clearing native vegetation" means any one or more of the following: (a) cutting down, felling, thinning, logging or removing native vegetation, (b) killing, destroying, poisoning, ringbarking, uprooting or burning native vegetation. (See Division 3 of Part 3 of the Native Vegetation Act 2003 for the exclusion of routine agricultural management and other farming activities from constituting the clearing of native vegetation if the landholder can establish that any clearing was carried out for the purpose of those activities.) "coastal foreshore" means land with frontage to a beach, estuary, coastal lake, headland, cliff or rock platform. "coastal hazard" has the same meaning as in the Coastal Protection Act 1979. "coastal lake" means a body of water specified in Schedule 1 to State Environmental Planning Policy No 71—Coastal Protection. "coastal protection works" has the same meaning as in the Coastal Protection Act 1979. "coastal waters of the State" —see section 58 of the Interpretation Act 1987. "coastal zone" has the same meaning as in the Coastal Protection Act 1979. The term is defined as follows: "coastal zone" means: (a) the area within the coastal waters of the State as defined in Part 10 of the Interpretation Act 1987 (including any land within those waters), and (b) the area of land and the waters that lie between the western boundary of the coastal zone (as shown on the maps outlining the coastal zone) and the landward boundary of the coastal waters of the State, and (c) the seabed (if any) and the subsoil beneath, and the airspace above, the areas referred to in paragraphs (a) and (b). The coastal zone consists of the area between the western boundary of the coastal zone shown on the maps outlining the coastal zone and the outermost boundary of the coastal waters of the State. The coastal waters of the State extend, generally, to 3 nautical miles from the coastline of the State. "commercial premises" means any of the following: (a) business premises, (b) office premises, (c) retail premises. "community facility" means a building or place: (a) owned or controlled by a public authority or non-profit community organisation, and (b) used for the physical, social, cultural or intellectual development or welfare of the community, but does not include an educational establishment, hospital, retail premises, place of public worship or residential accommodation. "community land" has the same meaning as in the Local Government Act 1993. "correctional centre" means: (a) any premises declared to be a correctional centre by a proclamation in force under section 225 of the Crimes (Administration of Sentences) Act 1999, including any juvenile correctional centre or periodic detention centre, and (b) any premises declared to be a detention centre by an order in force under section 5 (1) of the Children (Detention Centres) Act 1987, but does not include any police station or court cell complex in which a person is held in custody in accordance with any Act. "Council" means the Canada Bay City Council. "crematorium" means a building in which deceased persons or pets are cremated, whether or not it contains an associated building for conducting memorial services. "Crown reserve" means: (a) a reserve within the meaning of Part 5 of the Crown Lands Act 1989, or (b) a common within the meaning of the Commons Management Act 1989, or (c) lands within the meaning of the Trustees of Schools of Arts Enabling Act 1902, but does not include land that forms any part of a reserve under Part 5 of the Crown Lands Act 1989 provided for accommodation. "curtilage", in relation to a heritage item or conservation area, means the area of land (including land covered by water) surrounding a heritage item, a heritage conservation area, or building, work or place within a heritage conservation area, that contributes to its heritage significance. "dairy (pasture-based)" means a dairy that is conducted on a commercial basis where the only restriction facilities present are milking sheds and holding yards and where cattle are constrained for no more than 10 hours in any 24 hour period (excluding during any period of drought or similar emergency relief). Note: Dairies (pasture-based) are a type of "extensive agriculture" —see the definition of that term in this Dictionary. "dairy (restricted)" means a dairy that is conducted on a commercial basis where restriction facilities (in addition to milking sheds and holding yards) are present and where cattle have access to grazing for less than 10 hours in any 24 hour period (excluding during any period of drought or similar emergency relief). It may comprise the whole or part of a restriction facility. Note: Dairies (restricted) are a type of "intensive livestock agriculture" —see the definition of that term in this Dictionary. "demolish", in relation to a heritage item or an Aboriginal object, or a building, work, relic or tree within a heritage conservation area, means wholly or partly destroy, dismantle or deface the heritage item, Aboriginal object or building, work, relic or tree. "depot" means a building or place used for the storage (but not sale or hire) of plant, machinery or other goods (that support the operations of an existing undertaking) when not required for use, but does not include a farm building. "drainage" means any activity that intentionally alters the hydrological regime of any locality by facilitating the removal of surface or ground water. It may include the construction, deepening, extending, opening, installation or laying of any canal, drain or pipe, either on the land or in such a manner as to encourage drainage of adjoining land. "dual occupancy" means a dual occupancy (attached) or a dual occupancy (detached). Note: Dual occupancies are a type of "residential accommodation" —see the definition of that term in this Dictionary. "dual occupancy (attached)" means 2 dwellings on one lot of land that are attached to each other, but does not include a secondary dwelling. Note: Dual occupancies (attached) are a type of "dual occupancy" —see the definition of that term in this Dictionary. "dual occupancy (detached)" means 2 detached dwellings on one lot of land, but does not include a secondary dwelling. Note: Dual occupancies (detached) are a type of "dual occupancy" —see the definition of that term in this Dictionary. "dwelling" means a room or suite 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 building containing only one dwelling. Note: Dwelling houses are a type of "residential accommodation" —see the definition of that term in this Dictionary. "earthworks" means excavation or filling. "ecologically sustainable development" has the same meaning as in the Act. "eco-tourist facility" means a building or place that: (a) provides temporary or short-term accommodation to visitors on a commercial basis, and (b) is located in or adjacent to an area with special ecological or cultural features, and (c) is sensitively designed and located so as to minimise bulk, scale and overall physical footprint and any ecological or visual impact. It may include facilities that are used to provide information or education to visitors and to exhibit or display items. Note: See clause 5.13 for requirements in relation to the granting of development consent for eco-tourist facilities. Eco-tourist facilities are not a type of "tourist and visitor accommodation" —see the definition of that term in this Dictionary. "educational establishment" means a building or place used for education (including teaching), being: (a) a school, or (b) a tertiary institution, including a university or a TAFE establishment, that provides formal education and is constituted by or under an Act. "electricity generating works" means a building or place used for the purpose of making or generating electricity. "emergency services facility" means a building or place (including a helipad) used in connection with the provision of emergency services by an emergency services organisation. "emergency services organisation" means any of the following: (a) Ambulance Service of New South Wales, (b) Fire and Rescue NSW, (c) NSW Rural Fire Service, (d) NSW Police Force, (e) State Emergency Service, (f) New South Wales Volunteer Rescue Association Incorporated, (g) New South Wales Mines Rescue Brigade established under the Coal Industry Act 2001, (h) an accredited rescue unit within the meaning of the State Emergency and Rescue Management Act 1989. "entertainment facility" means a theatre, cinema, music hall, concert hall, dance hall and the like, but does not include a pub or registered club. "environmental facility" means a building or place that provides for the recreational use or scientific study of natural systems, and includes walking tracks, seating, shelters, board walks, observation decks, bird hides or the like, and associated display structures. "environmental protection works" means works associated with the rehabilitation of land towards its natural state or any work to protect land from environmental degradation, and includes bush regeneration works, wetland protection works, erosion protection works, dune restoration works and the like, but does not include coastal protection works. "estuary" has the same meaning as in the Water Management Act 2000. The term is defined as follows: "estuary" means: (a) any part of a river whose level is periodically or intermittently affected by coastal tides, or (b) any lake or other partially enclosed body of water that is periodically or intermittently open to the sea, or (c) anything declared by the regulations (under the Water Management Act 2000) to be an estuary, but does not include anything declared by the regulations (under the Water Management Act 2000) not to be an estuary. "excavation" means the removal of soil or rock, whether moved to another part of the same site or to another site, but does not include garden landscaping that does not significantly alter the shape, natural form or drainage of the land. "exhibition home" means a dwelling built for the purposes of the public exhibition and marketing of new dwellings, whether or not it is intended to be sold as a private dwelling after its use for those purposes is completed, and includes any associated sales or home finance office or place used for displays. "exhibition village" means 2 or more exhibition homes and associated buildings and places used for house and land sales, site offices, advisory services, car parking, food and drink sales and other associated purposes. "extensive agriculture" means any of the following: (a) the production of crops or fodder (including irrigated pasture and fodder crops) for commercial purposes, (b) the grazing of livestock for commercial purposes, (c) bee keeping, (d) a dairy (pasture-based). Note: Extensive agriculture is a type of "agriculture" —see the definition of that term in this Dictionary. "extractive industry" means the winning or removal of extractive materials (otherwise than from a mine) by methods such as excavating, dredging, tunnelling or quarrying, including the storing, stockpiling or processing of extractive materials by methods such as recycling, washing, crushing, sawing or separating, but does not include turf farming. Note: Extractive industries are not a type of "industry" —see the definition of that term in this Dictionary. "extractive material" means sand, soil, gravel, rock or similar substances that are not minerals within the meaning of the Mining Act 1992. "farm building" means a structure the use of which is ancillary to an agricultural use of the landholding on which it is situated and includes a hay shed, stock holding yard, machinery shed, shearing shed, silo, storage tank, outbuilding or the like, but does not include a dwelling. "farm stay accommodation" means a building or place that provides temporary or short-term accommodation to paying guests on a working farm as a secondary business to primary production. Note: See clause 5.4 for controls relating to the number of bedrooms. Farm stay accommodation is a type of "tourist and visitor accommodation" —see the definition of that term in this Dictionary. "feedlot" means a confined or restricted area that is operated on a commercial basis to rear and fatten cattle, sheep or other animals, fed (wholly or substantially) on prepared and manufactured feed, for the purpose of meat production or fibre products, but does not include a poultry farm, dairy or piggery. Note: Feedlots are a type of "intensive livestock agriculture" —see the definition of that term in this Dictionary. "fill" means the depositing of soil, rock or other similar extractive material obtained from the same or another site, but does not include: (a) the depositing of topsoil or feature rock imported to the site that is intended for use in garden landscaping, turf or garden bed establishment or top dressing of lawns and that does not significantly alter the shape, natural form or drainage of the land, or (b) the use of land as a waste disposal facility. "filming" means recording images (whether on film or video tape or electronically or by other means) for exhibition or broadcast (such as by cinema, television or the internet or by other means), but does not include: (a) still photography, or (b) recording images of a wedding ceremony or other private celebration or event principally for the purpose of making a record for the participants in the ceremony, celebration or event, or (c) recording images as a visitor or tourist for non-commercial purposes, or (d) recording for the immediate purposes of a television program that provides information by way of current affairs or daily news. "fish" has the same meaning as in the Fisheries Management Act 1994. The term is defined as follows: Definition of “fish” (1) "Fish" means marine, estuarine or freshwater fish or other aquatic animal life at any stage of their life history (whether alive or dead). (2) "Fish" includes: (a) oysters and other aquatic molluscs, and (b) crustaceans, and (c) echinoderms, and (d) beachworms and other aquatic polychaetes. (3) "Fish" also includes any part of a fish. (4) However, "fish" does not include whales, mammals, reptiles, birds, amphibians or other things excluded from the definition by the regulations under the Fisheries Management Act 1994. "flood mitigation work" means work designed and constructed for the express purpose of mitigating flood impacts. It involves changing the characteristics of flood behaviour to alter the level, location, volume, speed or timing of flood waters to mitigate flood impacts. Types of works may include excavation, construction or enlargement of any fill, wall, or levee that will alter riverine flood behaviour, local overland flooding, or tidal action so as to mitigate flood impacts. "floor space ratio" —see clause 4.5. "Floor Space Ratio Map" means the Canada Bay Local Environmental Plan 2008 Floor Space Ratio Map. "food and drink premises" means premises that are used for the preparation and retail sale of food or drink (or both) for immediate consumption on or off the premises, and includes any of the following: (a) a restaurant or cafe, (b) take away food and drink premises, (c) a pub. Note: Food and drink premises are a type of "retail premises" —see the definition of that term in this Dictionary. "foreshore area" means the land between the foreshore building line and the mean high water mark of the nearest bay or river. "foreshore building line" means the line shown the foreshore building line on the Foreshore Building Line Map. "Foreshore Building Line Map" means the Canada Bay Local Environmental Plan 2008 Foreshore Building Line Map. "forestry" has the same meaning as "forestry operations" in the Forestry and National Park Estate Act 1998. The term is defined as follows: "forestry operations" means: (a) logging operations, namely, the cutting and removal of timber from land for the purpose of timber production, or (b) forest products operations, namely, the harvesting of products of trees, shrubs and other vegetation (other than timber) that are of economic value, or (c) on-going forest management operations, namely, activities relating to the management of land for timber production such as thinning, bush fire hazard reduction, bee-keeping, grazing and other silvicultural activities, or (d) ancillary road construction, namely, the provision of roads and fire trails, and the maintenance of existing railways, to enable or assist in the above operations. "freight transport facility" means a facility used principally for the bulk handling of goods for transport by road, rail, air or sea, including any facility for the loading and unloading of vehicles, aircraft, vessels or containers used to transport those goods and for the parking, holding, servicing or repair of those vehicles, aircraft or vessels or for the engines or carriages involved. "function centre" means a building or place used for the holding of events, functions, conferences and the like, and includes convention centres, exhibition centres and reception centres, but does not include an entertainment facility. "funeral home" means premises that are used to arrange, conduct and cater for funerals and memorial services, whether or not the premises include facilities for the short-term storage, dressing and viewing of bodies of deceased persons. Note: Funeral homes are a type of "business premises" —see the definition of that term in this Dictionary. "garden centre" means a building or place the principal purpose of which is the retail sale of plants and landscaping and gardening supplies and equipment. It may, if ancillary to the principal purpose for which the building or place is used, include a restaurant or cafe and the sale of any the following: (a) outdoor furniture and furnishings, barbecues, shading and awnings, pools, spas and associated supplies, and items associated with the construction and maintenance of outdoor areas, (b) pets and pet supplies, (c) fresh produce. Note: Garden centres are a type of "retail premises" —see the definition of that term in this Dictionary. "general industry" means a building or place (other than a heavy industry or light industry) that is used to carry out an industrial activity. Note: General industries are a type of "industry" —see the definition of that term in this Dictionary. "gross floor area" means the sum of the floor area of each floor of a building measured from the internal face of external walls, or from the internal face of walls separating the building from any other building, measured at a height of 1.4 metres above the floor, and includes: (a) the area of a mezzanine, and (b) habitable rooms in a basement or an attic, and (c) any shop, auditorium, cinema, and the like, in a basement or attic, but excludes: (d) any area for common vertical circulation, such as lifts and stairs, and (e) any basement: (i) storage, and (ii) vehicular access, loading areas, garbage and services, and (f) plant rooms, lift towers and other areas used exclusively for mechanical services or ducting, and (g) car parking to meet any requirements of the consent authority (including access to that car parking), and (h) any space used for the loading or unloading of goods (including access to it), and (i) terraces and balconies with outer walls less than 1.4 metres high, and (j) voids above a floor at the level of a storey or storey above. "ground level (existing)" means the existing level of a site at any point. "ground level (finished)" means, for any point on a site, the ground surface after completion of any earthworks (excluding any excavation for a basement, footings or the like) for which consent has been granted or that is exempt development. "ground level (mean)" means, for any site on which a building is situated or proposed, one half of the sum of the highest and lowest levels at ground level (finished) of the outer surface of the external walls of the building. "group home" means a permanent group home or a transitional group home. Note: Group homes are a type of "residential accommodation" —see the definition of that term in this Dictionary. "group home (permanent)" or "permanent group home" means a dwelling: (a) that is occupied by persons as a single household with or without paid supervision or care and whether or not those persons are related or payment for board and lodging is required, and (b) that is used to provide permanent household accommodation for people with a disability or people who are socially disadvantaged, but does not include development to which State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 applies. Note: Permanent group homes are a type of "group home" —see the definition of that term in this Dictionary. "group home (transitional)" or "transitional group home" means a dwelling: (a) that is occupied by persons as a single household with or without paid supervision or care and whether or not those persons are related or payment for board and lodging is required, and (b) that is used to provide temporary accommodation for the relief or rehabilitation of people with a disability or for drug or alcohol rehabilitation purposes, or that is used to provide half-way accommodation for persons formerly living in institutions or temporary accommodation comprising refuges for men, women or young people, but does not include development to which State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 applies. Note: Transitional group homes are a type of "group home" —see the definition of that term in this Dictionary. "hardware and building supplies" means a building or place the principal purpose of which is the sale or hire of goods or materials, such as household fixtures, timber, tools, paint, wallpaper, plumbing supplies and the like, that are used in the construction and maintenance of buildings and adjacent outdoor areas. Note: Hardware and building supplies are a type of "retail premises" —see the definition of that term in this Dictionary. "hazardous industry" means a building or place used to carry out an industrial activity that would, when carried out and when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the activity from existing or likely future development on other land in the locality), pose a significant risk in the locality: (a) to human health, life or property, or (b) to the biophysical environment. Note: Hazardous industries are a type of "heavy industry" —see the definition of that term in this Dictionary. "hazardous storage establishment" means a building or place that is used for the storage of goods, materials or products and that would, when in operation and when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the building or place from existing or likely future development on other land in the locality), pose a significant risk in the locality: (a) to human health, life or property, or (b) to the biophysical environment. Note: Hazardous storage establishments are a type of "heavy industrial storage establishment" —see the definition of that term in this Dictionary. "headland" includes a promontory extending from the general line of the coastline into a large body of water, such as a sea, coastal lake or bay. "health care professional" means any person registered under an Act for the purpose of providing health care. "health consulting rooms" means premises comprising one or more rooms within (or within the curtilage of) a dwelling house used by not more than 3 health care professionals at any one time. Note: Health consulting rooms are a type of "health services facility" —see the definition of that term in this Dictionary. "health services facility" means a building or place used to provide medical or other services relating to the maintenance or improvement of the health, or the restoration to health, of persons or the prevention of disease in or treatment of injury to persons, and includes any of the following: (a) a medical centre, (b) community health service facilities, (c) health consulting rooms, (d) patient transport facilities, including helipads and ambulance facilities, (e) hospital. "heavy industrial storage establishment" means a building or place used for the storage of goods, materials, plant or machinery for commercial purposes and that requires separation from other development because of the nature of the processes involved, or the goods, materials, plant or machinery stored, and includes any of the following: (a) a hazardous storage establishment, (b) a liquid fuel depot, (c) an offensive storage establishment. "heavy industry" means a building or place used to carry out an industrial activity that requires separation from other development because of the nature of the processes involved, or the materials used, stored or produced, and includes: (a) hazardous industry, or (b) offensive industry. It may also involve the use of a hazardous storage establishment or offensive storage establishment. Note: Heavy industries are a type of "industry" —see the definition of that term in this Dictionary. "Height of Buildings Map" means the Canada Bay Local Environmental Plan 2008 Height of Buildings Map. "helipad" 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 that is 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. Note: Heliports are a type of "air transport facility" —see the definition of that term in this Dictionary. "heritage conservation area" means an area of land of heritage significance: (a) shown on the Heritage Map as a heritage conservation area, and (b) the location and nature of which is described in Schedule 5, and includes any heritage items situated on or within that area. "heritage conservation management plan" means a document prepared in accordance with guidelines prepared by the Division of the Government Service responsible to the Minister administering the Heritage Act 1977 that documents the heritage significance of an item, place or heritage conservation area and identifies conservation policies and management mechanisms that are appropriate to enable that significance to be retained. "heritage impact statement" means a document consisting of: (a) a statement demonstrating the heritage significance of a heritage item or heritage conservation area, and (b) an assessment of the impact that proposed development will have on that significance, and (c) proposals for measures to minimise that impact. "heritage item" means a building, work, place, relic, tree, object or archaeological site the location and nature of which is described in Schedule 5. Note: An inventory of heritage items is also available at the office of the Council. "heritage management document" means: (a) a heritage conservation management plan, or (b) a heritage impact statement, or (c) any other document that provides guidelines for the ongoing management and conservation of a heritage item, Aboriginal object, Aboriginal place of heritage significance or heritage conservation area. "Heritage Map" means the Canada Bay Local Environmental Plan 2008 Heritage Map. "heritage significance" means historical, scientific, cultural, social, archaeological, architectural, natural or aesthetic value. "high technology industry" means a building or place predominantly used to carry out an industrial activity that involves any of the following: (a) electronic or micro-electronic systems, goods or components, (b) information technology (such as computer software or hardware), (c) instrumentation or instruments of a scientific, industrial, technological, medical or similar nature, (d) biological, pharmaceutical, medical or paramedical systems, goods or components, (e) film, television or multi-media technologies, including any post production systems, goods or components, (f) telecommunications systems, goods or components, (g) sustainable energy technologies, (h) any other goods, systems or components intended for use in a science or technology related field, but does not include a building or place used to carry out an industrial activity that presents a hazard or potential hazard to the neighbourhood or that, because of the scale and nature of the processes involved, interferes with the amenity of the neighbourhood. Note: High technology industries are a type of "light industry" —see the definition of that term in this Dictionary. "highway service centre" means a building or place used to provide refreshments and vehicle services to highway users. It may include any one or more of the following: (a) a restaurant or cafe, (b) take away food and drink premises, (c) service stations and facilities for emergency vehicle towing and repairs, (d) parking for vehicles, (e) rest areas and public amenities. "home-based child care" means a dwelling used by a resident of the dwelling for the supervision and care of one or more children and that satisfies the following conditions: (a) the service is licensed within the meaning of the Children and Young Persons (Care and Protection) Act 1998, (b) the number of children (including children related to the carer or licensee) does not at any one time exceed 7 children under the age of 12 years, including no more than 5 who do not ordinarily attend school. "home business" means a business that is carried on in a dwelling, or in a building ancillary to a dwelling, by one or more permanent residents of the dwelling and that does not involve: (a) the employment of more than 2 persons other than those residents, or (b) interference with the amenity of the neighbourhood by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, traffic generation or otherwise, or (c) the exposure to view, from any adjacent premises or from any public place, of any unsightly matter, or (d) the exhibition of any signage (other than a business identification sign), or (e) the sale of items (whether goods or materials), or the exposure or offer for sale of items, by retail, except for goods produced at the dwelling or building, but does not include bed and breakfast accommodation, home occupation (sex services) or sex services premises. Note: See clause 5.4 for controls relating to the floor area used for a home business. "home industry" means a dwelling (or a building ancillary to a dwelling) used by one or more permanent residents of the dwelling to carry out an industrial activity that does not involve any of the following: (a) the employment of more than 2 persons other than those residents, (b) interference with the amenity of the neighbourhood by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, traffic generation or otherwise, (c) the exposure to view, from any adjacent premises or from any public place, of any unsightly matter, (d) the exhibition of any signage (other than a business identification sign), (e) the sale of items (whether goods or materials), or the exposure or offer for sale of items, by retail, except for goods produced at the dwelling or building, but does not include bed and breakfast accommodation or sex services premises. Note: See clause 5.4 for controls relating to the floor area used for a home industry. Home industries are a type of "light industry" —see the definition of that term in this Dictionary. "home occupation" means an occupation that is carried on in a dwelling, or in a building ancillary to a dwelling, by one or more permanent residents of the dwelling and that does not involve: (a) the employment of persons other than those residents, or (b) interference with the amenity of the neighbourhood by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, traffic generation or otherwise, or (c) the display of goods, whether in a window or otherwise, or (d) the exhibition of any signage (other than a business identification sign), or (e) the sale of items (whether goods or materials), or the exposure or offer for sale of items, by retail, but does not include bed and breakfast accommodation, home occupation (sex services) or sex services premises. "home occupation (sex services)" means the provision of sex services in a dwelling that is a brothel, or in a building that is a brothel and is ancillary to such a dwelling, by no more than 2 permanent residents of the dwelling and that does not involve: (a) the employment of persons other than those residents, or (b) interference with the amenity of the neighbourhood by reason of the emission of noise, traffic generation or otherwise, or (c) the exhibition of any signage, or (d) the sale of items (whether goods or materials), or the exposure or offer for sale of items, by retail, but does not include a home business or sex services premises. "horticulture" means the cultivation of fruits, vegetables, mushrooms, nuts, cut flowers and foliage and nursery products for commercial purposes, but does not include a plant nursery, turf farming or viticulture. Note: Horticulture is a type of "intensive plant agriculture" —see the definition of that term in this Dictionary. "hospital" means a building or place used for the purpose of providing professional health care services (such as preventative or convalescent care, diagnosis, medical or surgical treatment, psychiatric care or care for people with disabilities, or counselling services provided by health care professionals) to people admitted as in-patients (whether or not out-patients are also cared for or treated there), and includes ancillary facilities for (or that consist of) any of the following: (a) day surgery, day procedures or health consulting rooms, (b) accommodation for nurses or other health care workers, (c) accommodation for persons receiving health care or for their visitors, (d) shops, kiosks, restaurants or cafes or take-away food and drink premises, (e) patient transport facilities, including helipads, ambulance facilities and car parking, (f) educational purposes or any other health-related use, (g) research purposes (whether or not carried out by hospital staff or health care workers or for commercial purposes), (h) chapels, (i) hospices, (j) mortuaries. Note: Hospitals are a type of "health services facility" —see the definition of that term in this Dictionary. "hostel" means premises that are generally staffed by social workers or support providers and at which: (a) residential accommodation is provided in dormitories, or on a single or shared basis, or by a combination of them, and (b) cooking, dining, laundering, cleaning and other facilities are provided on a shared basis. Note: Hostels are a type of "residential accommodation" —see the definition of that term in this Dictionary. "hotel or motel accommodation" means a building or place (whether or not licensed premises under the Liquor Act 2007) that provides temporary or short- term accommodation on a commercial basis and that: (a) comprises rooms or self-contained suites, and (b) may provide meals to guests or the general public and facilities for the parking of guests’ vehicles, but does not include backpackers’ accommodation, a boarding house, bed and breakfast accommodation or farm stay accommodation. Note: Hotel or motel accommodation is a type of "tourist and visitor accommodation" —see the definition of that term in this Dictionary. "industrial activity" means the manufacturing, production, assembling, altering, formulating, repairing, renovating, ornamenting, finishing, cleaning, washing, dismantling, transforming, processing, recycling, adapting or servicing of, or the research and development of, any goods, substances, food, products or articles for commercial purposes, and includes any storage or transportation associated with any such activity. "industrial retail outlet" means a building or place that: (a) is used in conjunction with an industry or rural industry, and (b) is situated on the land on which the industry or rural industry is located, and (c) is used for the display or sale (whether by retail or wholesale) of only those goods that have been manufactured on the land on which the industry or rural industry is located, but does not include a warehouse or distribution centre. Note: See clause 5.4 for controls relating to the retail floor area of an industrial retail outlet. "industrial training facility" means a building or place used in connection with vocational training in an activity (such as forklift or truck driving, welding or carpentry) that is associated with an industry, rural industry, extractive industry or mining, but does not include an educational establishment, business premises or retail premises. "industry" means any of the following: (a) general industry, (b) heavy industry, (c) light industry, but does not include: (d) rural industry, or (e) extractive industry, or (f) mining. "information and education facility" means a building or place used for providing information or education to visitors, and the exhibition or display of items, and includes an art gallery, museum, library, visitor information centre and the like. "intensive livestock agriculture" means the keeping or breeding, for commercial purposes, of cattle, poultry, pigs, goats, horses or other livestock that are fed wholly or substantially on externally-sourced feed, and includes any of the following: (a) dairies (restricted), (b) feedlots, (c) piggeries, (d) poultry farms, but does not include extensive agriculture, aquaculture or the operation of facilities for drought or similar emergency relief. Note: Intensive livestock agriculture is a type of "agriculture" —see the definition of that term in this Dictionary. "intensive plant agriculture" means any of the following: (a) the cultivation of irrigated crops for commercial purposes (other than irrigated pasture or fodder crops), (b) horticulture, (c) turf farming, (d) viticulture. Note: Intensive plant agriculture is a type of "agriculture" —see the definition of that term in this Dictionary. "jetty" means a horizontal decked walkway providing access from the shore to the waterway and is generally constructed on a piered or piled foundation. "kiosk" means premises that are used for the purposes of selling food, light refreshments and other small convenience items such as newspapers, films and the like. Note: See clause 5.4 for controls relating to the gross floor area of a kiosk. Kiosks are a type of "retail premises" —see the definition of that term in this Dictionary. "Land Application Map" means the Canada Bay Local Environmental Plan 2008 Land Application Map. "Land Reservation Acquisition Map" means the Canada Bay Local Environmental Plan 2008 Land Reservation Acquisition Map. "Land Zoning Map" means the Canada Bay Local Environmental Plan 2008 Land Zoning Map. "landscaped area" means a part of a site used for growing plants, grasses and trees, but does not include any building, structure or hard paved area. "landscaping material supplies" means a building or place used for the storage and sale of landscaping supplies such as soil, gravel, potting mix, mulch, sand, railway sleepers, screenings, rock and the like. Note: Landscaping material supplies are a type of "retail premises" —see the definition of that term in this Dictionary. "light industry" means a building or place used to carry out an industrial activity that does not interfere with the amenity of the neighbourhood by reason of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, or otherwise, and includes any of the following: (a) high technology industry, (b) home industry. Note: Light industries are a type of "industry" —see the definition of that term in this Dictionary. "liquid fuel depot" means premises used for the bulk storage of petrol, oil, petroleum or other inflammable liquid for wholesale distribution and at which no retail trade is conducted. Note: Liquid fuel depots are a type of "heavy industrial storage establishment" —see the definition of that term in this Dictionary. "livestock processing industry" means a building or place used for the commercial production of products derived from the slaughter of animals (including poultry) or the processing of skins or wool of animals, derived principally from surrounding districts, and includes abattoirs, knackeries, tanneries, woolscours and rendering plants. Note: Livestock processing industries are a type of "rural industry" —see the definition of that term in this Dictionary. "Lot Size Map" means the Canada Bay Local Environmental Plan 2008 Lot Size Map. "maintenance", in relation to a heritage item, Aboriginal object or Aboriginal place of heritage significance, or a building, work, archaeological site, tree or place within a heritage conservation area, means ongoing protective care, but does not include the removal or disturbance of existing fabric, alterations (such as carrying out extensions or additions) or the introduction of new materials or technology. "marina" means a permanent boat storage facility (whether located wholly on land, wholly on a waterway or partly on land and partly on a waterway), and includes any of the following associated facilities: (a) any facility for the construction, repair, maintenance, storage, sale or hire of boats, (b) any facility for providing fuelling, sewage pump-out or other services for boats, (c) any facility for launching or landing boats, such as slipways or hoists, (d) any car parking or commercial, tourist or recreational or club facility that is ancillary to the boat storage facility, (e) any berthing or mooring facilities. "market" means an open-air area, or an existing building, that is used for the purpose of selling, exposing or offering goods, merchandise or materials for sale by independent stall holders, and includes temporary structures and existing permanent structures used for that purpose on an intermittent or occasional basis. Note: Markets are a type of "retail premises" —see the definition of that term in this Dictionary. "mean high water mark" means the position where the plane of the mean high water level of all ordinary local high tides intersects the foreshore, being 1.44m above the zero of Fort Denison Tide Gauge and 0.515m Australian Height Datum. "medical centre" means premises that are used for the purpose of providing health services (including preventative care, diagnosis, medical or surgical treatment, counselling or alternative therapies) to out-patients only, where such services are principally provided by health care professionals. It may include the ancillary provision of other health services. Note: Medical centres are a type of "health services facility" —see the definition of that term in this Dictionary. "mezzanine" means an intermediate floor within a room. "mine" means any place (including any excavation) where an operation is carried on for mining of any mineral by any method and any place on which any mining related work is carried out, but does not include a place used only for extractive industry. "mine subsidence district" means a mine subsidence district proclaimed under section 15 of the Mine Subsidence Compensation Act 1961. "mining" means mining carried out under the Mining Act 1992 or the recovery of minerals under the Offshore Minerals Act 1999, and includes: (a) the construction, operation and decommissioning of associated works, and (b) the rehabilitation of land affected by mining. Note: Mining is not a type of "industry" —see the definition of that term in this Dictionary. "mixed use development" means a building or place comprising 2 or more different land uses. "mooring" means a detached or freestanding apparatus located on or in a waterway and that is capable of securing a vessel, but does not include a mooring pen. "mooring pen" means an arrangement of freestanding piles or other restraining devices designed or used for the purpose of berthing a vessel. "mortuary" means premises that are used, or intended to be used, for the receiving, preparation, embalming and storage of bodies of deceased persons pending their interment or cremation. "moveable dwelling" has the same meaning as in the Local Government Act 1993. The term is defined as follows: "moveable dwelling" means: (a) any tent, or any caravan or other van or other portable device (whether on wheels or not), used for human habitation, or (b) a manufactured home, or (c) any conveyance, structure or thing of a class or description prescribed by the regulations (under the Local Government Act 1993) for the purposes of this definition. "multi dwelling housing" means 3 or more dwellings (whether attached or detached) on one lot of land, each with access at ground level, but does not include a residential flat building. Note: Multi dwelling housing is a type of "residential accommodation" —see the definition of that term in this Dictionary. "native fauna" means any animal-life that is indigenous to New South Wales or is known to periodically or occasionally migrate to New South Wales, whether vertebrate (including fish) or invertebrate and in any stage of biological development, but does not include humans. "native flora" means any plant-life that is indigenous to New South Wales, whether vascular or non-vascular and in any stage of biological development, and includes fungi and lichens, and marine vegetation within the meaning of Part 7A of the Fisheries Management Act 1994. "native vegetation" has the same meaning as in the Native Vegetation Act 2003. The term is defined as follows: Meaning of “native vegetation” (1) "Native vegetation" means any of the following types of indigenous vegetation: (a) trees (including any sapling or shrub, or any scrub), (b) understorey plants, (c) groundcover (being any type of herbaceous vegetation), (d) plants occurring in a wetland. (2) Vegetation is "indigenous" if it is of a species of vegetation, or if it comprises species of vegetation, that existed in the State before European settlement. (3) "Native vegetation" does not include any mangroves, seagrasses or any other type of marine vegetation to which section 205 of the Fisheries Management Act 1994 applies. "navigable waterway" means any waterway that is from time to time capable of navigation and is open to or used by the public for navigation, but does not include flood waters that have temporarily flowed over the established bank of a watercourse. "neighbourhood shop" means premises used for the purposes of selling general merchandise such as foodstuffs, personal care products, newspapers and the like to provide for the day-to-day needs of people who live or work in the local area, and may include ancillary services such as a post office, bank or dry cleaning, but does not include restricted premises. Note: See clause 5.4 for controls relating to the retail floor area of neighbourhood shops. Neighbourhood shops are a type of "shop" —see the definition of that term in this Dictionary. "nominated State heritage item" means a heritage item that: (a) has been identified as an item of State significance in a publicly exhibited heritage study adopted by the Council, and (b) the Council has, by notice in writing to the Heritage Council, nominated as an item of potential State significance. "non-potable water" means water that does not meet the standards or values for drinking water recommended from time to time by the National Health and Medical Research Council. "NSW Coastal Policy" means the publication titled NSW Coastal Policy 1997: A Sustainable Future for the New South Wales Coast, published by the Government. "offensive industry" means a building or place used to carry out an industrial activity that would, when carried out and when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the activity from existing or likely future development on other land in the locality), emit a polluting discharge (including, for example, noise) in a manner that would have a significant adverse impact in the locality or on existing or likely future development on other land in the locality. Note: Offensive industries are a type of "heavy industry" —see the definition of that term in this Dictionary. "offensive storage establishment" means a building or place that is used for the storage of goods, materials or products and that would, when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the building or place from existing or likely future development on other land in the locality), emit a polluting discharge (including, for example, noise) in a manner that would have a significant adverse impact in the locality or on existing or likely future development on other land in the locality. Note: Offensive storage establishments are a type of "heavy industrial storage establishment" —see the definition of that term in this Dictionary. "office premises" means a building or place used for the purpose of administrative, clerical, technical, professional or similar activities that do not include dealing with members of the public at the building or place on a direct and regular basis, except where such dealing is a minor activity (by appointment) that is ancillary to the main purpose for which the building or place is used. Note: Office premises are a type of "commercial premises" —see the definition of that term in this Dictionary. "open cut mining" means mining carried out on, and by excavating, the earth’s surface, but does not include underground mining. "operational land" has the same meaning as in the Local Government Act 1993. "parking space" means a space dedicated for the parking of a motor vehicle, including any manoeuvring space and access to it, but does not include a car park. "passenger transport facility" means a building or place used for the assembly or dispersal of passengers by any form of transport, including facilities required for parking, manoeuvring, storage or routine servicing of any vehicle that uses the building or place. "place of public worship" means a building or place used for the purpose of religious worship by a congregation or religious group, whether or not the building or place is also used for counselling, social events, instruction or religious training. "plant nursery" means a building or place the principal purpose of which is the retail sale of plants that are grown or propagated on site or on an adjacent site. It may include the on-site sale of any such plants by wholesale and, if ancillary to the principal purpose for which the building or place is used, the sale of landscape and gardening supplies and equipment and the storage of these items. Note: Plant nurseries are a type of "retail premises" —see the definition of that term in this Dictionary. "port facilities" means any of the following facilities at or in the vicinity of a designated port within the meaning of section 47 of the Ports and Maritime Administration Act 1995: (a) facilities for the embarkation or disembarkation of passengers onto or from any vessels, including public ferry wharves, (b) facilities for the loading or unloading of freight onto or from vessels and associated receival, land transport and storage facilities, (c) wharves for commercial fishing operations, (d) refuelling, launching, berthing, mooring, storage or maintenance facilities for any vessel, (e) sea walls or training walls, (f) administration buildings, communication, security and power supply facilities, roads, rail lines, pipelines, fencing, lighting or car parks. "potable water" means water that meets the standards or values for drinking water recommended from time to time by the National Health and Medical Research Council. "private open space" means an area external to a building (including an area of land, terrace, balcony or deck) that is used for private outdoor purposes ancillary to the use of the building. "property vegetation plan" has the same meaning as in the Native Vegetation Act 2003. The term is defined as follows: "property vegetation plan" means a property vegetation plan that has been approved under Part 4 of the Native Vegetation Act 2003. "pub" means licensed premises under the Liquor Act 2007 the principal purpose of which is the retail sale of liquor for consumption on the premises, whether or not the premises include hotel or motel accommodation and whether or not food is sold or entertainment is provided on the premises. Note: Pubs are a type of "food and drink premises" —see the definition of that term in this Dictionary. "public administration building" means a building used as offices or for administrative or other like purposes by the Crown, a statutory body, a council or an organisation established for public purposes, and includes a courthouse or a police station. "public authority" has the same meaning as in the Act. "public land" has the same meaning as in the Local Government Act 1993. The term is defined as follows: "public land" means any land (including a public reserve) vested in or under the control of the council, but does not include: (a) a public road, or (b) land to which the Crown Lands Act 1989 applies, or (c) a common, or (d) land subject to the Trustees of Schools of Arts Enabling Act 1902, or (e) a regional park under the National Parks and Wildlife Act 1974. "public reserve" has the same meaning as in the Local Government Act 1993. "public utility undertaking" means any of the following undertakings carried on or permitted to be carried on by or by authority of any Government Department or under the authority of or in pursuance of any Commonwealth or State Act: (a) railway, road transport, water transport, air transport, wharf or river undertakings, (b) undertakings for the supply of water, hydraulic power, electricity or gas or the provision of sewerage or drainage services, and a reference to a person carrying on a public utility undertaking includes a reference to a council, electricity supply authority, Government Department, corporation, firm or authority carrying on the undertaking. "rainwater tank" means a tank designed for the storage of rainwater gathered on the land on which the tank is situated. "recreation area" means a place used for outdoor recreation that is normally open to the public, and includes: (a) a children’s playground, or (b) an area used for community sporting activities, or (c) a public park, reserve or garden or the like, and any ancillary buildings, but does not include a recreation facility (indoor), recreation facility (major) or recreation facility (outdoor). "recreation facility (indoor)" means a building or place used predominantly for indoor recreation, whether or not operated for the purposes of gain, including a squash court, indoor swimming pool, gymnasium, table tennis centre, health studio, bowling alley, ice rink or any other building or place of a like character used for indoor recreation, but does not include an entertainment facility, a recreation facility (major) or a registered club. "recreation facility (major)" means a building or place used for large-scale sporting or recreation activities that are attended by large numbers of people whether regularly or periodically, and includes theme parks, sports stadiums, showgrounds, racecourses and motor racing tracks. "recreation facility (outdoor)" means a building or place (other than a recreation area) used predominantly for outdoor recreation, whether or not operated for the purposes of gain, including a golf course, golf driving range, mini-golf centre, tennis court, paint-ball centre, lawn bowling green, outdoor swimming pool, equestrian centre, skate board ramp, go-kart track, rifle range, water-ski centre or any other building or place of a like character used for outdoor recreation (including any ancillary buildings), but does not include an entertainment facility or a recreation facility (major). "Reduced Level (RL)" means height above the Australian Height Datum, being the datum surface approximating mean sea level that was adopted by the National Mapping Council of Australia in May 1971. "registered club" means a club that holds a club licence under the Liquor Act 2007. "relic" has the same meaning as in the Heritage Act 1977. The term is defined as follows: "relic" means any deposit, artefact, object or material evidence that: (a) relates to the settlement of the area that comprises New South Wales, not being Aboriginal settlement, and (b) is of State or local heritage significance. "research station" means a building or place operated by a public authority for the principal purpose of agricultural, environmental, fisheries, forestry, minerals or soil conservation research, and includes any associated facility for education, training, administration or accommodation. "residential accommodation" means a building or place used predominantly as a place of residence, and includes any of the following: (a) attached dwellings, (b) boarding houses, (c) dual occupancies, (d) dwelling houses, (e) group homes, (f) hostels, (g) multi dwelling housing, (h) residential flat buildings, (i) rural workers’ dwellings, (j) secondary dwellings, (k) semi-detached dwellings, (l) seniors housing, (m) shop top housing, but does not include tourist and visitor accommodation or caravan parks. "residential care facility" means accommodation for seniors or people with a disability that includes: (a) meals and cleaning services, and (b) personal care or nursing care, or both, and (c) appropriate staffing, furniture, furnishings and equipment for the provision of that accommodation and care, but does not include a dwelling, hostel, hospital or psychiatric facility. Note: Residential care facilities are a type of "seniors housing" —see the definition of that term in this Dictionary. "residential flat building" means a building containing 3 or more dwellings, but does not include an attached dwelling or multi dwelling housing. Note: Residential flat buildings are a type of "residential accommodation" — see the definition of that term in this Dictionary. "resource recovery facility" means a building or place used for the recovery of resources from waste, including works or activities such as separating and sorting, processing or treating the waste, composting, temporary storage, transfer or sale of recovered resources, energy generation from gases and water treatment, but not including re-manufacture or disposal of the material by landfill or incineration. Note: Resource recovery facilities are a type of "waste or resource management facility" —see the definition of that term in this Dictionary. "respite day care centre" means a building or place that is used for the care of seniors or people who have a disability and that does not provide overnight accommodation for people other than those related to the owner or operator of the centre. "restaurant or cafe" means a building or place the principal purpose of which is the preparation and serving, on a retail basis, of food and drink to people for consumption on the premises, whether or not liquor, takeaway meals and drinks or entertainment are also provided. Note: Restaurants or cafes are a type of "food and drink premises" —see the definition of that term in this Dictionary. "restricted premises" means premises that, due to their nature, restrict access to patrons or customers over 18 years of age, and includes sex shops and similar premises, but does not include a pub, hotel or motel accommodation, home occupation (sex services) or sex services premises. "restriction facilities" means facilities where animals are constrained for management purposes, including milking sheds, pads, feed stalls, holding yards and paddocks where the number of livestock exceeds the ability of vegetation to recover from the effects of grazing in a normal growing season, but does not include facilities for drought or similar emergency relief. "retail premises" means a building or place used for the purpose of selling items by retail, or hiring or displaying items for the purpose of selling them or hiring them out, whether the items are goods or materials (or whether also sold by wholesale), and includes any of the following; (a) bulky goods premises, (b) cellar door premises, (c) food and drink premises, (d) garden centres, (e) hardware and building supplies, (f) kiosks, (g) landscaping material supplies, (h) markets, (i) plant nurseries, (j) roadside stalls, (k) rural supplies, (l) shops, (m) timber yards, (n) vehicle sales or hire premises, but does not include highway service centres, service stations, industrial retail outlets or restricted premises. Note: Retail premises are a type of "commercial premises" —see the definition of that term in this Dictionary. "Rhodes West Precinct" means the area of land identified as “Rhodes West Precinct” on the Rhodes West Precinct Map. "Rhodes West Precinct Map" means the Canada Bay Local Environmental Plan 2008 Rhodes West Precinct Map. "road" means a public road or a private road within the meaning of the Roads Act 1993, and includes a classified road. "roadside stall" means a place or temporary structure used for the retail sale of agricultural produce or hand crafted goods (or both) produced from the property on which the stall is situated or from an adjacent property. Note: See clause 5.4 for controls relating to the gross floor area of roadside stalls. Roadside stalls are a type of "retail premises" —see the definition of that term in this Dictionary. "rural industry" means the handling, treating, production, processing, storage or packing of animal or plant agricultural products for commercial purposes, and includes any of the following: (a) agricultural produce industries, (b) livestock processing industries, (c) composting facilities and works (including the production of mushroom substrate), (d) sawmill or log processing works, (e) stock and sale yards, (f) the regular servicing or repairing of plant or equipment used for the purposes of a rural enterprise. Note: Rural industries are not a type of "industry" —see the definition of that term in this Dictionary. "rural supplies" means a building or place used for the display, sale or hire of stockfeeds, grains, seed, fertilizers, veterinary supplies and other goods or materials used in farming and primary industry production. Note: Rural supplies are a type of "retail premises" —see the definition of that term in this Dictionary. "rural worker’s dwelling" means a building or place that is additional to a dwelling house on the same lot and that is used predominantly as a place of residence by persons employed, whether on a long-term or short-term basis, for the purpose of agriculture or a rural industry on that land. Note: Rural workers’ dwellings are a type of "residential accommodation" —see the definition of that term in this Dictionary. "sawmill or log processing works" means a building or place used for handling, cutting, chipping, pulping or otherwise processing logs, baulks, branches or stumps, principally derived from surrounding districts, into timber or other products derived from wood. Note: Sawmill or log processing works are a type of "rural industry" —see the definition of that term in this Dictionary. "school" means a government school or non-government school within the meaning of the Education Act 1990. Note: Schools are a type of "educational establishment" —see the definition of that term in this Dictionary. "secondary dwelling" means a self-contained dwelling that: (a) is established in conjunction with another dwelling (the "principal dwelling"), and (b) is on the same lot of land as the principal dwelling, and (c) is located within, or is attached to, or is separate from, the principal dwelling. Note: See clause 5.4 for controls relating to the total floor area of secondary dwellings. Secondary dwellings are a type of "residential accommodation" —see the definition of that term in this Dictionary. "self-storage units" means premises that consist of individual enclosed compartments for storing goods or materials (other than hazardous or offensive goods or materials). Note: Self-storage units are a type of "storage premises" —see the definition of that term in this Dictionary. "semi-detached dwelling" means a dwelling that is on its own lot of land and is attached to only one other dwelling. Note: Semi-detached dwellings are a type of "residential accommodation" —see the definition of that term in this Dictionary. "seniors housing" means a building or place that is: (a) a residential care facility, or (b) a hostel within the meaning of clause 12 of State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004, or (c) a group of self-contained dwellings, or (d) a combination of any of the buildings or places referred to in paragraphs (a)–(c), and that is, or is intended to be, used permanently for: (e) seniors or people who have a disability, or (f) people who live in the same household with seniors or people who have a disability, or (g) staff employed to assist in the administration of the building or place or in the provision of services to persons living in the building or place, but does not include a hospital. Note: Seniors housing is a type of "residential accommodation" —see the definition of that term in this Dictionary. "service station" means a building or place used for the sale by retail of fuels and lubricants for motor vehicles, whether or not the building or place is also used for any one or more of the following: (a) the ancillary 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, panel beating, spray painting, or chassis restoration), (e) the ancillary retail selling or hiring of general merchandise or services or both. "serviced apartment" means a building (or part of a building) providing self- contained accommodation to tourists or visitors on a commercial basis and that is regularly serviced or cleaned by the owner or manager of the building or part of the building or the owner’s or manager’s agents. Note: Serviced apartments are a type of "tourist and visitor accommodation" —see the definition of that term in this Dictionary. "sewage reticulation system" means a building or place used for the collection and transfer of sewage to a sewage treatment plant or water recycling facility for treatment, or transfer of the treated waste for use or disposal, including associated: (a) pipelines and tunnels, and (b) pumping stations, and (c) dosing facilities, and (d) odour control works, and (e) sewage overflow structures, and (f) vent stacks. Note: Sewage reticulation systems are a type of "sewerage system" —see the definition of that term in this Dictionary. "sewage treatment plant" means a building or place used for the treatment and disposal of sewage, whether or not the facility supplies recycled water for use as an alternative water supply. Note: Sewage treatment plants are a type of "sewerage system" —see the definition of that term in this Dictionary. "sewerage system" means any of the following: (a) biosolids treatment facility, (b) sewage reticulation system, (c) sewage treatment plant, (d) water recycling facility, (e) a building or place or place that is a combination of any of the things referred to in paragraphs (a)–(d). "sex services" means sexual acts or sexual services in exchange for payment. "sex services premises" means a brothel, but does not include home occupation (sex services). "shop" means premises that sell merchandise such as groceries, personal care products, clothing, music, homewares, stationery, electrical goods or the like or that hire any such merchandise, and includes a neighbourhood shop, but does not include food and drink premises or restricted premises. Note: Shops are a type of "retail premises" —see the definition of that term in this Dictionary. "shop top housing" means one or more dwellings located above ground floor retail premises or business premises. Note: Shop top housing is a type of "residential accommodation" —see the definition of that term in this Dictionary. "signage" means any sign, notice, device, representation or advertisement that advertises or promotes any goods, services or events and any structure or vessel that is principally designed for, or that is used for, the display of signage, and includes any of the following: (a) an advertising structure, (b) a building identification sign, (c) a business identification sign, but does not include a traffic sign or traffic control facilities. "site area" means the area of any land on which development is or is to be carried out. The land may include the whole or part of one lot, or more than one lot if they are contiguous to each other, but does not include the area of any land on which development is not permitted to be carried out under this Plan. Note: The effect of this definition is varied by clause 4.5 for the purpose of the determination of permitted floor space area for proposed development. "site coverage" means the proportion of a site area covered by buildings. However, the following are not included for the purpose of calculating site coverage: (a) any basement, (b) any part of an awning that is outside the outer walls of a building and that adjoins the street frontage or other site boundary, (c) any eaves, (d) unenclosed balconies, decks, pergolas and the like. "spa pool" has the same meaning as in the Swimming Pools Act 1992. Note: The term is defined to include any excavation, structure or vessel in the nature of a spa pool, flotation tank, tub or the like. "Special Transitional Sites Map" means the Canada Bay Local Environmental Plan 2008 Special Transitional Sites Map. "stock and sale yard" means a building or place that is used on a commercial basis for the purpose of offering livestock or poultry for sale and that may be used for the short-term storage and watering of stock. Note: Stock and sale yards are a type of "rural industry" —see the definition of that term in this Dictionary. "storage premises" means a building or place used for the storage of goods, materials, plant or machinery for commercial purposes and where the storage is not ancillary to any industry, business premises or retail premises on the same parcel of land, and includes self-storage units, but does not include a heavy industrial storage establishment or a warehouse or distribution centre. "storey" means a space within a building that is situated between one floor level and the floor level next above, or if there is no floor above, the ceiling or roof above, but does not include: (a) a space that contains only a lift shaft, stairway or meter room, or (b) a mezzanine, or (c) an attic. "swimming pool" has the same meaning as in the Swimming Pools Act 1992. The term is defined as follows: "swimming pool" means an excavation, structure or vessel: (a) that is capable of being filled with water to a depth of 300 millimetres or more, and (b) that is solely or principally used, or that is designed, manufactured or adapted to be solely or principally used, for the purpose of swimming, wading, paddling or any other human aquatic activity, and includes a spa pool, but does not include a spa bath, anything that is situated within a bathroom or anything declared by the regulations made under the Swimming Pools Act 1992 not to be a swimming pool for the purposes of that Act. "take away food and drink premises" means premises that are predominantly used for the preparation and retail sale of food or drink (or both) for immediate consumption away from the premises. Note: Take away food and drink premises are a type of "food and drink premises" —see the definition of that term in this Dictionary. "telecommunications facility" means: (a) any part of the infrastructure of a telecommunications network, or (b) any line, cable, optical fibre, fibre access node, interconnect point equipment, apparatus, tower, mast, antenna, dish, tunnel, duct, hole, pit, pole or other structure in connection with a telecommunications network, or (c) any other thing used in or in connection with a telecommunications network. "telecommunications network" means a system, or series of systems, that carries, or is capable of carrying, communications by means of guided or unguided electromagnetic energy, or both. "temporary structure" has the same meaning as in the Act. The term is defined as follows: "temporary structure" includes a booth, tent or other temporary enclosure (whether or not part of the booth, tent or enclosure is permanent), and also includes a mobile structure. "the Act" means the Environmental Planning and Assessment Act 1979. "timber yard" means a building or place the principal purpose of which is the sale of sawn, dressed or treated timber, wood fibre boards or similar timber products. It may include the cutting of such timber, boards or products to order and the sale of hardware, paint, tools and materials used in conjunction with the use and treatment of timber. Note: Timber yards are a type of "retail premises" —see the definition of that term in this Dictionary. "tourist and visitor accommodation" means a building or place that provides temporary or short-term accommodation on a commercial basis, and includes any of the following: (a) backpackers’ accommodation, (b) bed and breakfast accommodation, (c) farm stay accommodation, (d) hotel or motel accommodation, (e) serviced apartments, but does not include: (f) camping grounds, or (g) caravan parks, or (h) eco-tourist facilities. "transport depot" means a building or place used for the parking or servicing of motor powered or motor drawn vehicles used in connection with a business, industry, shop or passenger or freight transport undertaking. "truck depot" means a building or place used for the servicing and parking of trucks, earthmoving machinery and the like. "turf farming" means the commercial cultivation of turf for sale and the removal of turf for that purpose. Note: Turf farming is a type of "intensive plant agriculture" —see the definition of that term in this Dictionary. "underground mining" means: (a) mining carried out beneath the earth’s surface, including bord and pillar mining, longwall mining, top-level caving, sub-level caving and auger mining, and (b) shafts, drill holes, gas and water drainage works, surface rehabilitation works and access pits associated with that mining (whether carried out on or beneath the earth’s surface), but does not include open cut mining. "vehicle body repair workshop" means a building or place used for the repair of vehicles or agricultural machinery, involving body building, panel building, panel beating, spray painting or chassis restoration. "vehicle repair station" means a building or place used for the purpose of carrying out repairs to, or the selling and fitting of accessories to, vehicles or agricultural machinery, but does not include a vehicle body repair workshop or vehicle sales or hire premises. "vehicle sales or hire premises" means a building or place used for the display, sale or hire of motor vehicles, caravans, boats, trailers, agricultural machinery and the like, whether or not accessories are sold or displayed there. Note: Vehicle sales or hire premises are a type of "retail premises" —see the definition of that term in this Dictionary. "veterinary hospital" means a building or place used for diagnosing or surgically or medically treating animals, whether or not animals are kept on the premises for the purpose of treatment. "viticulture" means the cultivation of grapes for use in the commercial production of fresh or dried fruit or wine. Note: Viticulture is a type of "intensive plant agriculture" —see the definition of that term in this Dictionary. "warehouse or distribution centre" means a building or place used mainly or exclusively for storing or handling items (whether goods or materials) pending their sale, but from which no retail sales are made. "waste disposal facility" means a building or place used for the disposal of waste by landfill, incineration or other means, including such works or activities as recycling, resource recovery and other resource management activities, energy generation from gases, leachate management, odour control and the winning of extractive material to generate a void for disposal of waste or to cover waste after its disposal. Note: Waste disposal facilities are a type of "waste or resource management facility" —see the definition of that term in this Dictionary. "waste or resource management facility" means any of the following: (a) a resource recovery facility, (b) a waste disposal facility, (c) a waste or resource transfer station, (d) a building or place that is a combination of any of the things referred to in paragraphs (a)–(c). "waste or resource transfer station" means a building or place used for the collection and transfer of waste material or resources, including the receipt, sorting, compacting, temporary storage and distribution of waste or resources and the loading or unloading of waste or resources onto or from road or rail transport. Note: Waste or resource transfer stations are a type of "waste or resource management facility" —see the definition of that term in this Dictionary. "water recreation structure" means a structure used primarily for recreational purposes that has a direct structural connection between the shore and the waterway, and may include a pier, wharf, jetty or boat launching ramp. "water recycling facility" means a building or place used for the treatment of sewage effluent, stormwater or waste water for use as an alternative supply to mains water, groundwater or river water (including, in particular, sewer mining works), whether the facility stands alone or is associated with other development, and includes associated: (a) retention structures, and (b) treatment works, and (c) irrigation schemes. Note: Water recycling facilities are a type of "sewerage system" —see the definition of that term in this Dictionary. "water reticulation system" means a building or place used for the transport of water, including pipes, tunnels, canals, pumping stations, related electricity infrastructure, dosing facilities and water supply reservoirs. Note: Water reticulation systems are a type of "water supply system" —see the definition of that term in this Dictionary. "water storage facility" means a dam, weir or reservoir for the collection and storage of water, and includes associated monitoring or gauging equipment. Note: Water storage facilities are a type of "water supply system" —see the definition of that term in this Dictionary. "water supply system" means any of the following: (a) a water reticulation system, (b) a water storage facility, (c) a water treatment facility, (d) a building or place that is a combination of any of the things referred to in paragraphs (a)–(c). "water treatment facility" means a building or place used for the treatment of water (such as a desalination plant or a recycled or reclaimed water plant) whether the water produced is potable or not, and includes residuals treatment, storage and disposal facilities, but does not include a water recycling facility. Note: Water treatment facilities are a type of "water supply system" —see the definition of that term in this Dictionary. "waterbody" means a waterbody (artificial) or waterbody (natural). "waterbody (artificial)" or "artificial waterbody" means an artificial body of water, including any constructed waterway, canal, inlet, bay, channel, dam, pond, lake or artificial wetland, but does not include a dry detention basin or other stormwater management construction that is only intended to hold water intermittently. "waterbody (natural)" or "natural waterbody" means a natural body of water, whether perennial or intermittent, fresh, brackish or saline, the course of which may have been artificially modified or diverted onto a new course, and includes a river, creek, stream, lake, lagoon, natural wetland, estuary, bay, inlet or tidal waters (including the sea). "watercourse" means any river, creek, stream or chain of ponds, whether artificially modified or not, in which water usually flows, either continuously or intermittently, in a defined bed or channel, but does not include a waterbody (artificial). "waterway" means the whole or any part of a watercourse, wetland, waterbody (artificial) or waterbody (natural). "wetland" means: (a) natural wetland, including marshes, mangroves, backwaters, billabongs, swamps, sedgelands, wet meadows or wet heathlands that form a shallow waterbody (up to 2 metres in depth) when inundated cyclically, intermittently or permanently with fresh, brackish or salt water, and where the inundation determines the type and productivity of the soils and the plant and animal communities, or (b) artificial wetland, including marshes, swamps, wet meadows, sedgelands or wet heathlands that form a shallow waterbody (up to 2 metres in depth) when inundated cyclically, intermittently or permanently with water, and are constructed and vegetated with wetland plant communities. "wharf or boating facilities" means a wharf (or any of the following facilities associated with a wharf or boating) that are not port facilities: (a) facilities for the embarkation or disembarkation of passengers onto or from any vessels, including public ferry wharves, (b) facilities for the loading or unloading of freight onto or from vessels and associated receival, land transport and storage facilities, (c) wharves for commercial fishing operations, (d) refuelling, launching, berthing, mooring, storage or maintenance facilities for any vessel, (e) sea walls or training walls, (f) administration buildings, communication, security and power supply facilities, roads, rail lines, pipelines, fencing, lighting or car parks. "wholesale supplies" means a building or place used for the display, sale or hire of goods or materials by wholesale only to businesses that have an Australian Business Number registered under the A New Tax System (Australian Business Number) Act 1999 of the Commonwealth. CANADA BAY LOCAL ENVIRONMENTAL PLAN 2008 - NOTES Historical notes The following abbreviations are used in the Historical notes: ______________________________________________________________________ |______________________________________________________________________| |______________________________________________________________________| |______________________________________________________________________| |______________________________________________________________________| |______________________________________________________________________| |______________________________________________________________________| |______________________________________________________________________| Table of amending instrumentsCanada Bay Local Environmental Plan 2008 (64). GG No 30 of 7.3.2008, p 1464. Date of commencement, on gazettal. This Plan has been amended as follows: _____________________________________________________________________________ | | |Environmental Planning and Assessment | | | |Amendment Act 2008. Assented to 25.6.2008. | |2008|No 36 | | | | |Date of commencement of Sch 5.7, 26.10.2009, sec 2 and 2009 (509)| |_____________________________________________________________________________| | | |Filming Related Legislation Amendment | | | |Act 2008. Assented to 25.6.2008. | | |No 39 | | | | |Date of commencement, 30.3.2009, sec 2 and 2009 (103) LW | |_____________________________________________________________________________| | | |Statute Law (Miscellaneous Provisions) | | |No 62 |Act 2008. Assented to 1.7.2008. | | | | | |_____________________________________________________________________________| | | |Statute Law (Miscellaneous | | |No 114|Provisions) Act (No 2) 2008. Assented to 10.12.2008. | | | | | |_____________________________________________________________________________| | | |Statute Law (Miscellaneous Provisions) | |2009|No 56 |Act 2009. Assented to 1.7.2009. | | | | | |_____________________________________________________________________________| | | |Standard Instrument (Local Environmental Plans) Amendment | | |(362) |(Affordable Rental Housing) Order 2009. LW 31.7.2009. | | | | | |_____________________________________________________________________________| | | |Standard Instrument (Local Environmental Plans) Amendment | | | |(Entertainment Venues) Order 2009. LW 23.10.2009. | | | | | | |(516) |Date of commencement, 26.10.2009, cl 2. Amended by Statute Law | | | |(Miscellaneous Provisions) Act (No 2) 2009 No | | | |106. Assented to 14.12.2009. Date of commencement of Sch 2, | |_____________________________________________________________________________| | | |State Environmental Planning Policy (Temporary Structures and | | | |Places of Public Entertainment) Amendment (Temporary Structures) | | |(517) |2009. LW 23.10.2009. | | | | | |_____________________________________________________________________________| | | |Standard Instrument (Local Environmental Plans) Amendment | |2010|(161) |(Miscellaneous) Order 2010. LW 30.4.2010. | | | | | |_____________________________________________________________________________| | | |State Environmental Planning Policy (Standard Instrument) | | |(162) |Amendment (Miscellaneous) 2010. LW 30.4.2010. | | | | | |_____________________________________________________________________________| | | |Standard Instrument (Local Environmental Plans) Amendment Order | | | |2011. LW 25.2.2011. | | | | | |2011|(102) |Date of commencement, on publication on LW, cl 2. The amendments | | | |made by Sch 2 have effect 4 months after that commencement. See | | | |cl 9 (1) of the Standard Instrument (Local Environmental Plans) | | | |Order | |_____________________________________________________________________________| | | |Canada Bay Local Environmental Plan 2008 (Amendment No | | |(197) |1). LW 20.4.2011. | | | | | |_____________________________________________________________________________| | | |Standard Instrument (Local Environmental Plans) Amendment | | |(362) |(Miscellaneous) Order 2011. LW 13.7.2011. | | | | | |_____________________________________________________________________________| | | |State Environmental Planning Policy Amendment (Standard | | |(363) |Instrument) 2011. LW 13.7.2011. | | | | | |_____________________________________________________________________________| | | |Transport Legislation Amendment Act | | | |2011. Assented to 13.9.2011. | | |No 41 | | | | |Date of commencement of Sch 5.52, 1.11.2011, sec 2 and 2011 (559)| |_____________________________________________________________________________| Table of amendmentsNo reference is made to certain amendments made consequential on the amendment of the Standard Instrument (Local Environmental Plans) Order 2006. _____________________________________________________________________________ |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |Land Use Table|Am 2009 (510), Sch 2.1; 2011 (197), Sch 1 [4]; 2011 (363), Sch| |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________|