Environmental Planning and Assessment Act 1979 KOGARAH LOCAL ENVIRONMENTAL PLAN 1998 - Made under the Environmental Planning and Assessment Act 1979 - As at 30 May 2012 - Reg 584 of 1998 TABLE OF PROVISIONS TABLE OF PROVISIONS PART 1 - PRELIMINARY 1. Name of the plan 2. Aims of the plan 3. Where the plan applies 4. Relationship to other planning instruments 5. Consent authority for development 6. Savings PART 2 - ZONING CONTROLS 7. Zoning control table PART 3 - SPECIAL PROVISIONS APPLYING TO ALL LAND 8. Tree preservation 9. Land filling and excavation 10. Temporary use of land 11. Suspension of restrictions on land 12. Subdivision 12A. What is exempt and complying development? PART 4 - SPECIAL PROVISIONS APPLYING TO CERTAIN LAND 13. Public land 13A. Development on land containing acid sulfate soils 14. Land acquisition for public purposes 15. Certain development on arterial roads and near railway undertakings 15A. Prohibited development for Kogarah Town Square Development Precinct 16. Ecologically sustainable development 17. Objectives 17A. Protection of heritage items and heritage conservation areas 17B. Advertised development 17C. (Repealed) 17D. Development affecting places or sites of known or potential Aboriginal heritage significance 17E. Development affecting known or potential archaeological sites of relics of non-Aboriginal heritage significance 17F. Development on site adjacent to site of heritage item 17G. Conservation incentives 17H. Development in heritage conservation areas 18. Foreshore building line 19. (Repealed) 20. Contaminated land 21. Development in the Special Uses 5 (a) Zone or Open Space 6 (a) Zone 21A. Development in the Special Uses 5 (b) Zone 21B. (Repealed) 22. Development of land uncoloured on the land use map 22A. Development in Residential 2 (a) Zone 23. Brothels 24. Exceptions PART 5 - DICTIONARY 25. Dictionary SCHEDULE 1 SCHEDULE 2 SCHEDULE 3 KOGARAH LOCAL ENVIRONMENTAL PLAN 1998 - REG 1 Name of the plan 1 Name of the plan This plan is called Kogarah Local Environmental Plan 1998. KOGARAH LOCAL ENVIRONMENTAL PLAN 1998 - REG 2 Aims of the plan 2 Aims of the plan The aims of this plan are: (a) to consolidate, simplify and update existing planning controls, and (b) to outline planning controls which are clear and explicit but also provide flexibility in their application, and (c) to allow for a variety of residential lifestyles, and (d) to allow for the provision of necessary services and amenities, and (e) to protect the natural and urban environment, and (f) to conserve Kogarah’s environmental heritage, and (g) to promote ecologically sustainable development, and (h) to provide a framework for more detailed controls to be contained within development control plans. KOGARAH LOCAL ENVIRONMENTAL PLAN 1998 - REG 3 Where the plan applies 3 Where the plan applies This plan applies to all land situated in the local government area of Kogarah, as shown on the land use map. KOGARAH LOCAL ENVIRONMENTAL PLAN 1998 - REG 4 Relationship to other planning instruments 4 Relationship to other planning instruments This plan repeals: (a) the Kogarah Planning Scheme Ordinance, and (b) Kogarah Local Environmental Plan No 19 (South Hurstville Precinct), Kogarah Local Environmental Plan No 36 (Kogarah Precinct) and all other local environmental plans and deemed environmental planning instruments which, immediately before the appointed day, applied to land within the local government area of Kogarah. KOGARAH LOCAL ENVIRONMENTAL PLAN 1998 - REG 5 Consent authority for development 5 Consent authority for development The Council is the consent authority for the purposes of this plan. KOGARAH LOCAL ENVIRONMENTAL PLAN 1998 - REG 6 Savings 6 Savings (1) Except as provided by clauses 17–17H, nothing in this plan shall be construed as restricting or prohibiting or enabling the consent authority to restrict or prohibit: (a) the carrying out of development described in Schedule 1, or (b) the use of existing public buildings by a public authority. (2) Environmental planning instruments (including, where appropriate, State environmental planning policies, regional environmental plans and the Kogarah Planning Scheme Ordinance) as in force immediately before the commencement of this plan continue to apply to a development application if: (a) the application was made but had not been finally determined before that commencement, and (b) the development that is the subject of the application is prohibited by other provisions of this plan but could, with development consent, have been carried out in accordance with those instruments as so in force. KOGARAH LOCAL ENVIRONMENTAL PLAN 1998 - REG 7 Zoning control table 7 Zoning control table (1) The zoning control table below describes the objectives for each zone, the development that is allowed without development consent or only with development consent and the development that is prohibited within the zone. The table also describes how land within a zone is shown on the land use map. The table relates to the following zones: Residential 2 (a)—Residential (Low Density) Zone Residential 2 (b)—Residential (Medium Density) Zone Business 3 (a)—Business (Local Centre) Zone Business 3 (b)—Business (Town Centre) Zone Industrial 4 (a)—Industrial (Light) Zone Special Uses 5 (a)—Special Uses (General) Zone Special Uses 5 (b)—Special Uses (Railway) Zone Open Space 6 (a)—Open Space (Public) Zone Open Space 6 (b)—Open Space (Regional Open Space Reservation) Zone Open Space 6 (c)—Open Space (Private) Zone Environmental Protection 7 (a)—Environmental Protection (Waterways) Zone Road Reservation 9 (a)—Road Reservation (Local) Zone Road Reservation 9 (b)—Road Reservation (Arterial) Zone (2) Except as otherwise provided by this plan, the Council shall not grant consent to the carrying out of development on land to which this plan applies unless the Council is of the opinion that the carrying out of the development is consistent with the objectives of the zone within which the development is proposed to be carried out. Zoning control table Residential 2 (a)—Residential (Low Density) Zone 1 Objectives of the zone The objectives of this zone are: (a) to provide for the housing needs of the Kogarah area, (b) to maintain the amenity and low density environment of areas predominantly characterised by detached dwelling houses, and (c) to allow certain non-residential development of low intensity which is compatible with the residential character and amenity of the locality. 2 Without development consent Development for the purpose of the following may be carried out without development consent: bushfire hazard reduction; home based child care services; home businesses; minor drainage works; roads. Exempt development. 3 Only with development consent Development for the purpose of the following may be carried out only with development consent: attached dual occupancies (except within the foreshore scenic protection area or the waterfront scenic protection area); bed and breakfast accommodation; centre based child care services; community facilities; drainage (other than minor drainage works); dwelling houses; educational establishments; extended family units (only permitted where the extended family unit is ancillary to a principal dwelling house and only one such unit is permitted on any existing allotment); group homes; home industries; hospitals; nursing homes (except within the foreshore scenic protection area or the waterfront scenic protection area); places of worship; public buildings; public parking; public utility installations; recreation areas; residential care facilities. 4 Prohibited Any other development is prohibited. 5 Zone identification on the land use map Coloured pink. Residential 2 (b)—Residential (Medium Density) Zone 1 Objectives of the zone The objectives of this zone are: (a) to provide for areas of multi-unit housing in appropriate locations, (b) to encourage a diversity of dwelling types, and (c) to allow non-residential development which is compatible with the residential character and amenity of the locality. 2 Without development consent Development for the purpose of the following may be carried out without development consent: bushfire hazard reduction; home based child care services; home businesses; minor drainage works; roads. Exempt development. 3 Only with development consent Development for the purpose of the following may be carried out only with development consent: attached dual occupancies; bed and breakfast accommodation; boarding houses; centre based child care services; community facilities; drainage (other than minor drainage works); dwelling houses; educational establishments; group homes; home industries; hospitals; housing for older people or people with a disability; motels; multi-unit housing; nursing homes (except within the foreshore scenic protection area or the waterfront scenic protection area); places of worship; public buildings; public parking; public utility installations; recreation areas. 4 Prohibited Any other development is prohibited. 5 Zone identification on the land use map Coloured red. Business 3 (a)—Business (Local Centre) Zone 1 Objectives of the zone The objectives of this zone are: (a) to provide opportunities for retail and other business development, and (b) to encourage multi-unit housing to be developed in conjunction with businesses, where appropriate. 2 Without development consent Development for the purpose of the following may be carried out without development consent: drainage; home businesses; roads. Exempt development. 3 Only with development consent Any development except that allowed without development consent or prohibited may be carried out only with development consent. 4 Prohibited Development for the purpose of the following is prohibited: amusement centres; brothels; caravan parks; generating works; hazardous industries; hazardous storage establishments; helipads; heliports; industries other than light industries; liquid fuel depots; materials recycling facilities; motor showrooms; offensive industries; offensive storage establishments; panel beating workshops; transport terminals; warehouses or distribution centres. 5 Zone identification on the land use map Coloured mid blue. Business 3 (b)—Business (Town Centre) Zone 1 Objectives of the zone The objectives of this zone are: (a) to encourage the development and expansion of business activities which will contribute to the economic growth and employment opportunities within the Kogarah and Hurstville town centres, (b) to encourage a wide range of retail, commercial and entertainment facilities within these centres, and (c) to encourage multi-unit housing, where appropriate. 2 Without development consent Development for the purpose of the following may be carried out without development consent: drainage; roads. Exempt development. 3 Only with development consent Any development except that allowed without development consent or prohibited may be carried out only with development consent. 4 Prohibited Development for the purpose of the following is prohibited: caravan parks; dwelling houses; generating works; hazardous industries; hazardous storage establishments; industries other than light industries; liquid fuel depots; materials recycling facilities; offensive industries; offensive storage establishments; panel beating workshops; transport terminals; warehouses or distribution centres. 5 Zone identification on the land use map Coloured dark blue. Industrial 4 (a)—Industrial (Light) Zone 1 Objectives of the zone The objectives of this zone are: (a) to recognise existing industry and to encourage the establishment of new light industry so as to expand the local employment base, (b) to minimise the impact of industry and other permitted uses on adjoining lands, (c) to enable limited retailing of bulky goods where this is unlikely to detract from the role and function of land zoned for business purposes, and (d) to enable limited development for commercial premises to enhance the viability of land uses within the industrial zones. 2 Without development consent Development for the purpose of the following may be carried out without development consent: drainage; roads. Exempt development. 3 Only with development consent Any development except that allowed without development consent or prohibited may be carried out only with development consent. 4 Prohibited Development for the purpose of the following is prohibited: amusement centres; attached dual occupancies; boarding houses; centre based and home based child care services (other than those which serve the needs of the workforce of land within the zone); detached dual occupancies; drive-in take-away food shops; dwelling houses (other than those used in conjunction with other development permitted in this zone); educational establishments; generating works; group homes; hazardous industries; hazardous storage establishments; hospitals; hotels; housing for older people or people with a disability; industries other than light industries; liquid fuel depots; motels; multi-unit housing; nursing homes; offensive industries; offensive storage establishments; reception lounges; shops (other than bulky goods establishments or those which serve the daily convenience needs of the workforce of land within the zone); tourist facilities. 5 Zone identification on the land use map Coloured purple. Special Uses 5 (a)—Special Uses (General) Zone 1 Objectives of the zone The objectives of this zone are: (a) to accommodate development by public authorities, (b) to accommodate private educational, religious or similar land uses, (c) to allow appropriate community land uses, (d) to enable associated and ancillary development, and (e) to identify and protect land intended to be acquired for special uses. 2 Without development consent Development for the purpose of the following may be carried out without development consent: bushfire hazard reduction; drainage; roads. Exempt development. 3 Only with development consent Development for the purpose of the following may be carried out only with development consent: centre based child care services; community facilities; concerts, fetes, markets, sporting events or other recreational land uses; educational establishments; housing for older people or people with a disability; places of worship; public buildings; public parking; public utility installations; the particular land use indicated by red lettering on the land use map and land uses ordinarily incidental or ancillary to that land use. 4 Prohibited Any other development is prohibited. 5 Zone identification on the land use map Coloured yellow with red lettering. Special Uses 5 (b)—Special Uses (Railway) Zone 1 Objectives of the zone The objectives of this zone are: (a) to accommodate development for the purpose of railways and associated development on railway land, and (b) to encourage the appropriate redevelopment of railway land and air space in the vicinity of railway stations to take advantage of public transport accessibility. 2 Without development consent Development for the purpose of the following may be carried out without development consent: bushfire hazard reduction. Exempt development. 3 Only with development consent Any development except that allowed without development consent or prohibited may be carried out only with development consent. 4 Prohibited Development for the purpose of the following is prohibited: amusement centres; attached dual occupancies; automotive uses; bed and breakfast accommodation; boarding houses; brothels; caravan parks; dwelling houses; generating works; group homes; hazardous industries; hazardous storage establishments; hospitals; housing for older people or people with a disability; industries (other than light industries); liquid fuel depots; materials recycling facilities; motels; multi-unit housing; nursing homes; offensive industries; offensive storage establishments; panel beating workshops; service stations. 5 Zone identification on the land use map Coloured grey. Open Space 6 (a)—Open Space (Public) Zone 1 Objectives of the zone The objectives of this zone are: (a) to recognise publicly owned land used or capable of being used for local public recreation, and (b) to identify and protect land intended to be acquired for local public open space. 2 Without development consent Development for the purpose of the following may be carried out without development consent: drainage; minor works and structures such as fencing, playground equipment, reticulation, lighting, signage, seating/shelter sheds, barbecues, and buildings not more than 40 square metres in area; roads; works (but not buildings) used for gardening, landscaping and bushfire hazard reduction. Exempt development. 3 Only with development consent Development for the purpose of the following may be carried out only with development consent: buildings used for gardening, landscaping and bushfire hazard reduction; centre based child care services; community facilities; public parking; public utility installations; recreation areas; refreshment rooms. 4 Prohibited Any other development is prohibited. 5 Zone identification on the land use map Coloured green. Open Space 6 (b)—Open Space (Regional Open Space Reservation) Zone 1 Objective of the zone The objectives of this zone are to identify and protect land intended to be acquired for regional open space. 2 Without development consent Development for the purpose of the following may be carried out without development consent: drainage; works (but not buildings) used for gardening, landscaping and bushfire hazard reduction. Exempt development. 3 Only with development consent Development for the purpose of the following may be carried out only with development consent: buildings used for gardening, landscaping and bushfire hazard reduction; centre based child care services; community facilities; public parking; public utility installations; recreation areas; refreshment rooms; roads. 4 Prohibited Any other development is prohibited. 5 Zone identification on the land use map Coloured light green. Open Space 6 (c)—Open Space (Private) Zone 1 Objective of the zone The objective of this zone is to enable private recreation facilities to be provided on privately owned land. 2 Without development consent Development for the purpose of the following may be carried out without development consent: works (but not buildings) used for gardening, landscaping and bushfire hazard reduction. Exempt development. 3 Only with development consent Development for the purpose of the following may be carried out only with development consent: buildings used for gardening, landscaping and bushfire hazard reduction; clubs; community facilities; drainage; public parking; public utility installations; recreation areas; refreshment rooms; roads; tourist facilities. 4 Prohibited Any other development is prohibited. 5 Zone identification on the land use map Coloured green with yellow edging. Environmental Protection 7 (a)—Environmental Protection (Waterways) Zone 1 Objective of the zone The objective of this zone is to ensure any development of land below mean high water mark is carried out in an environmentally sensitive manner, having particular regard to the nature and function of the waterways. 2 Without development consent No development may be carried out without development consent. 3 Only with development consent Development for the purpose of the following may be carried out only with development consent: aquaculture; boatsheds; drainage; dredging; marinas; oyster farms; public utility installations; reclamation; roads; swimming enclosures; watercraft launching and landing facilities. 4 Prohibited Any other development is prohibited. 5 Zone identification on the land use map Coloured light blue. Road Reservation 9 (a)—Road Reservation (Local) Zone 1 Objective of the zone The objectives of this zone are to identify and protect land intended to be acquired for new local roads or the widening of existing local roads. 2 Without development consent Development for the purpose of the following may be carried out without development consent: drainage; local road widening; local roads. 3 Only with development consent Development for the purpose of the following may be carried out only with development consent: public parking; public utility installations. 4 Prohibited Any other development is prohibited. 5 Zone identification on the land use map Coloured light grey. Road Reservation 9 (b)—Road Reservation (Arterial) Zone 1 Objective of the zone The objectives of this zone are to identify and protect land intended to be acquired for new arterial roads or the widening of existing arterial roads. 2 Without development consent Development for the purpose of the following may be carried out without development consent: arterial roads; arterial road widening; drainage. 3 Only with development consent Development for the purpose of the following may be carried out only with development consent: public parking; public utility installations. 4 Prohibited Any other development is prohibited. 5 Zone identification on the land use map Broken red band with black edging. KOGARAH LOCAL ENVIRONMENTAL PLAN 1998 - REG 8 Tree preservation 8 Tree preservation Objective of the provision To maintain the amenity of the local government area of Kogarah through the preservation of trees and other significant vegetation. Tree preservation (1) Except in accordance with a development consent or permit granted by the Council, a person must not ringbark, cut down, top, lop, remove, injure or wilfully destroy any tree (other than a fruit tree used only for domestic purposes) which: (a) has a height greater than 3.5 metres, or (b) has a branch spread exceeding 3 metres in diameter. (2) The Council may grant a permit that allows a person to ringbark, cut down, top, lop, remove, injure or wilfully destroy a tree if the Council is satisfied that: (a) the tree is dead, or is dying or severely diseased and is unlikely to respond to treatment to rectify the problem, or (b) the tree or part of the tree concerned is in danger of falling and causing injury to persons or property, or (c) the tree is causing or, in the opinion of the Council, is likely to cause structural damage to existing buildings or utility infrastructure that does not consist only of paths, fences, driveways or other minor structures or works, or (d) the tree is blocking winter solar access to habitable rooms, but only if the permit allows not more than minor thinning of up to 25% of the canopy that will retain the height, form and canopy of the tree before the thinning is carried out, or (e) the tree is highly combustible and is located where it poses a fire risk to buildings, or (f) the tree is, in the opinion of the Council, out of character with the locality in which it is situated because of its species or position or the existing number of trees in that location, or (g) the tree is a noxious weed, within the meaning of the Noxious Weeds Act 1993, within the area of Kogarah or of a species listed as undesirable by the Council. KOGARAH LOCAL ENVIRONMENTAL PLAN 1998 - REG 9 Land filling and excavation 9 Land filling and excavation Objective of the provision To control soil erosion, sedimentation, tree loss and drainage impacts associated with land filling and excavation. Land filling and excavation (1) Despite any other provision of this plan, a person may excavate or fill any land to which this plan applies, but only with the consent of the Council. (2) When considering an application for consent required by subclause (1), the Council shall have particular regard to: (a) the likely disruption of, or detrimental effect on, existing drainage patterns, vegetation, sedimentation and soil stability in the locality, and (b) the effect of the proposed works on the likely future use or redevelopment of the land, and (c) whether acid sulfate soils, waste materials or contaminated soil may be disturbed by excavation or imported to the land as fill. (3) Subclause (1) does not apply to: (a) any excavation or filling of land necessarily carried out to allow development for which a consent was granted under the Act or for which a building approval was granted under the Local Government Act 1993, or (b) any excavation or filling of land which in the opinion of the Council is of a minor nature, including minor landscaping works, or (c) any excavation or filling of land carried out for the purpose of a public utility installation. KOGARAH LOCAL ENVIRONMENTAL PLAN 1998 - REG 10 Temporary use of land 10 Temporary use of land Objective of the provision To permit the temporary use of land for appropriate activities. Temporary use of land (1) Regardless of any other provision of this plan, but without affecting clause 16, consent may be granted to development on land within any zone for any temporary purpose for a maximum period of 28 days, whether consecutive or not, in any one year, if: (a) the temporary purpose is necessary and reasonable for the economic use of the land pending its development in accordance with this plan, and (b) the temporary purpose will not prejudice the carrying out of development on the land in accordance with this plan, and (c) appropriate arrangements are made for the removal of the use and any associated structures at the end of the period specified in the development consent, and (d) the temporary use will not interfere with the amenity of the locality. (2) Despite subclause (1), consent is not required for any temporary use of land that will be carried out for a period of not more than 48 hours if: (a) the Council has been given written notice of the proposed land use at least 14 days before the use commences, and (b) in the opinion of the Council, the use will have minimal or no environmental impact. KOGARAH LOCAL ENVIRONMENTAL PLAN 1998 - REG 11 Suspension of restrictions on land 11 Suspension of restrictions on land Objective of the provision To ensure private restrictions do not restrict development or activities being carried out in accordance with this plan. Suspension of covenants, agreements and similar instruments (1) For the purpose of enabling development to be carried out in accordance with this plan or with a consent granted under the Act, the operation of any covenant, agreement or similar instrument imposing restrictions on development shall not apply to the development (to the extent necessary to serve that purpose). (2) Nothing in subclause (1) affects the rights or interests of any statutory authority under any registered instrument. (3) Pursuant to section 28 of the Act, before the making of this plan, the Governor approved of subclauses (1) and (2). KOGARAH LOCAL ENVIRONMENTAL PLAN 1998 - REG 12 Subdivision 12 Subdivision Objective of the provision To provide controls in respect of the subdivision of land. Subdivision (1) A person may subdivide land to which this plan applies only with the consent of the Council. Subdivision of dual occupancies (2) Consent must not be granted for a subdivision which creates separate allotments for each of the two dwellings resulting from dual occupancy development, unless the subdivision will be under the Strata Titles (Freehold Development) Act 1973. (3) Subclause (2) does not apply to the two dwellings resulting from dual occupancy development carried out pursuant to a consent issued under Sydney Regional Environmental Plan No 12—Dual Occupancy: (a) granted before 16 August 1996, or (b) granted on or after that date, but only if the application for the consent was made to the Council before 2 January 1996. Subdivision of extended family units (4) Consent must not be granted for a subdivision which creates separate allotments for each of the two dwellings resulting from an extended family unit development. KOGARAH LOCAL ENVIRONMENTAL PLAN 1998 - REG 12A What is exempt and complying development? 12A What is exempt and complying development? (1) Development of minimal environmental impact listed as exempt development in Development Control Plan No 26—Exempt & Complying Development is "exempt development", despite any other provision of this plan. (2) Development listed as complying development in Development Control Plan No 26—Exempt & Complying Development is "complying development" if: (a) it is local development of a kind that can be carried out with consent on the land on which it is proposed, and (b) it is not an existing use, as defined in section 106 of the Act. (3) Development is exempt or complying development only if it complies with the development standards and other requirements applied to the development by Development Control Plan No 26—Exempt & Complying Development. (4) A complying development certificate issued for any complying development is to be subject to the conditions for the development specified in Development Control Plan No 26—Exempt & Complying Development adopted by the Council, as in force when the certificate is issued. (5) For the purpose of subclauses (1)–(3) of this clause, "Development Control Plan No 26—Exempt & Complying Development" means Development Control Plan No 26—Exempt & Complying Development as adopted by the Council on 13 November 2006. KOGARAH LOCAL ENVIRONMENTAL PLAN 1998 - REG 13 Public land 13 Public land Objective of the provision To classify, or reclassify, public land, being Council-owned land or land under the care and control of the Council, as operational land. Classification and reclassification of public land as operational land (1) The public land described in Schedule 2 is classified, or reclassified, as operational land for the purposes of the Local Government Act 1993, subject to this clause. (2) The amendments made by the Local Government Amendment (Community Land Management) Act 1998 to section 30 of the Local Government Act 1993 do not apply to the land described in Part 1 of Schedule 2. (3) Land described in Part 2 of Schedule 2: (a) to the extent (if any) that the land is a public reserve, does not cease to be a public reserve, and (b) continues to be affected by any trusts, estates, interests, dedications, conditions, restrictions or covenants by which it was affected before its classification, or reclassification, as operational land. (4) Land described in Columns 1 and 2 of Part 3 of Schedule 2, to the extent (if any) that it is a public reserve, ceases to be a public reserve on the commencement of the relevant amending plan and, by the operation of that plan, is discharged from all trusts, estates, interests, dedications, conditions, restrictions and covenants affecting the land or any part of the land except those (if any) specified opposite the land in Column 3 of Part 3 of Schedule 2. (5) In this clause, "the relevant amending plan", in relation to land described in Part 3 of Schedule 2, means this plan or, if the description of the land is inserted in that Part by another local environmental plan, that plan. (6) Before the relevant amending plan inserted the description of land into Part 3 of Schedule 2, the Governor approved of subclause (4) applying to the land. KOGARAH LOCAL ENVIRONMENTAL PLAN 1998 - REG 13A Development on land containing acid sulfate soils 13A Development on land containing acid sulfate soils (1) Objective of the provision To require special assessment of risks associated with acid sulfate soils of land identified on the Acid Sulfate Soil Planning Map. (2) Consent usually required A person must not, without the consent of the Council, carry out works described in the following table on land of the class specified for those works in that table, except as otherwise provided by this clause. ___________________________________________________________________ |Class of land as shown on Acid|Works | |___________________________________________________________________| |___________________________________________________________________| | |Works below natural ground surface | |2 |Works by which the watertable is | |___________________________________________________________________| | |Works beyond 1 metre below natural | | |ground surface | |3 |Works by which the watertable is | | |likely to be lowered beyond 1 metre | |___________________________________________________________________| | |Works beyond 2 metres below natural | | |ground surface | |4 |Works by which the watertable is | | |likely to be lowered beyond 2 metres| |___________________________________________________________________| | |Works within 100 metres of adjacent | | |Class 2, 3 or 4 land which are | |5 |likely to lower the watertable below| | |1 metre AHD on adjacent Class 2, 3 | |___________________________________________________________________| (3) For the purposes of the table to subclause (2), "works" includes: (a) any 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 waterbodies (including canals, dams and detention basins) or foundations or flood mitigation works), or (b) any other works that are likely to lower the watertable. (4) Exceptions following preliminary assessment This clause does not require consent for the carrying out of works if: (a) a copy of a preliminary assessment of the proposed works undertaken in accordance with the Acid Sulfate Soils Assessment Guidelines has been given to the Council, and (b) the Council has provided written advice to the person proposing to carry out works confirming that results of the preliminary assessment indicate the proposed works need not be carried out pursuant to an acid sulfate soils management plan prepared in accordance with the Acid Sulfate Soils Assessment Guidelines. (5) Considerations for consent authority The Council must not grant a consent required by this clause unless it has considered: (a) the adequacy of an acid sulfate soils management plan prepared for the proposed development in accordance with the Acid Sulfate Soils Assessment Guidelines, and (b) the likelihood of the proposed development resulting in the discharge of acid water, and (6) Public authorities not excepted This clause requires consent for development to be carried out by the Council or another public authority, despite clause 6 (1) (a). (7) However, despite any other provision of this clause, consent is not required for the Council or another public authority to carry out development for the purposes of: (a) emergency work, or (b) routine maintenance, or (c) minor excavation work. (8) Despite any other provision of this clause, the following development may be carried out by the Council or another public authority without development consent: (a) the installation of stormwater quality improvement devices and drainage works, and (b) any work ancillary to that development, such as the construction of accessways, the provision of power, water and sewerage supplies, and landscape works. (9) If the Council or another public authority carries out work referred to in subclause (8) and encounters, or is reasonably likely to encounter, acid sulfate soils, the Council or public authority: (a) must conduct a preliminary assessment of the proposed works in accordance with the Acid Sulfate Soils Assessment Guidelines so as to minimise the actual or potential impact to the environment arising from the disturbance of the soils, and (b) must implement reasonable measures to minimise that impact. (10) In this clause: "emergency work" means the repair or replacement of any part of the works of the Council or another public authority: (a) because it has been (or is being) damaged by a natural disaster, an accident, an act of vandalism or a like occurrence, or (b) because it has ceased to function or suddenly ceased to function adequately, and includes any work reasonably necessary to prevent or limit any further damage or malfunction. "minor excavation work" means new work carried out by a public authority that does not disturb soil more than one metre below the existing ground level, such as the provision of surface irrigation for landscaping. "routine maintenance" means the periodic inspection, cleaning, repair and replacement of existing public works, but does not include work that would result in an increase in the design capacity of any part of the works or necessitate the deepening of any existing works below the existing ground level. KOGARAH LOCAL ENVIRONMENTAL PLAN 1998 - REG 14 Land acquisition for public purposes 14 Land acquisition for public purposes Note: Nothing in this clause is to be construed as requiring a public authority to acquire land—see section 27 (3) of the Act. Objective of the provision To provide for the acquisition of land zoned for public purposes. Land acquisition (1) An owner of land within a zone specified in the Table to this clause may request the public authority specified in the Table opposite that zone to acquire that land. The request must be in writing. On receipt of the request, the public authority concerned shall, subject to the provisions of this clause, acquire the land. (2) It is not necessary for the Council to acquire land referred to in this clause if that land may be required to be dedicated or transferred to the Council as a condition of consent. (3) Nothing in this clause requires a public authority to acquire land that is owned by another public authority and held by the other public authority for the purpose referred to in section 26 (c) of the Act for which it is reserved by this plan. (4) The Council may consent to development on land within the Special Uses 5 (a) Zone, Open Space 6 (a) or 6 (b) Zone or the Road Reservation 9 (a) or 9 (b) Zone or shown uncoloured on the map for any purpose which is permissible on land adjoining that land. In determining whether to grant consent, the Council must take into consideration the effect of the proposed development on the costs of acquisition, the imminence of acquisition and the costs of reinstatement of the land for the purposes for which the land is to be acquired. __________________________________________________________________ |__________________________________________________________________| | |The public authority appropriate for | |Special Uses 5 (a) |development of the land as indicated on the| |__________________________________________________________________| |__________________________________________________________________| |__________________________________________________________________| |__________________________________________________________________| |__________________________________________________________________| KOGARAH LOCAL ENVIRONMENTAL PLAN 1998 - REG 15 Certain development on arterial roads and near railway undertakings 15 Certain development on arterial roads and near railway undertakings Objective of the provision To ensure that appropriate development occurs along arterial roads and near railway undertakings. Certain development on arterial roads and near railway undertakings (1) The Council shall not consent to the carrying out of development on land located within the Residential 2 (b) Zone and having frontage to an arterial road unless all vehicular access to and egress from the land is from a road other than an arterial road where possible. (2) Consent must not be granted to development on land having frontage to or near an arterial road or railway undertaking where, in the opinion of the Council, noise or vibration levels will be unacceptable for the use of the land proposed. The Council may decline to grant consent unless it has considered a report from a suitably qualified consultant that assesses noise or vibration levels and recommends appropriate alleviation measures, if necessary. KOGARAH LOCAL ENVIRONMENTAL PLAN 1998 - REG 15A Prohibited development for Kogarah Town Square Development Precinct 15A Prohibited development for Kogarah Town Square Development Precinct Objective of the provision To ensure that appropriate development occurs in the Kogarah Town Square Development Precinct. Prohibited development For the Kogarah Town Square Development Precinct, as shown edged heavy black on the map marked “Kogarah Town Square Development Precinct” deposited in the office of Kogarah Municipal Council, development for the purpose of the following is prohibited: adult concept stores; amusement centres; brothels; bulk stores; bulky goods establishments; caravan parks; centre based child care services; dwelling houses; generating works; hazardous industries; hazardous storage establishments; industries other than light industries; liquid fuel depots; liquidation or discount stores; materials recycling facilities; offensive industries; offensive storage establishments; panel beating workshops; pet shops; tattooists, transport terminals; warehouses or distribution centres; veterinary establishments. KOGARAH LOCAL ENVIRONMENTAL PLAN 1998 - REG 16 Ecologically sustainable development 16 Ecologically sustainable development Objective of the provision To ensure that ecological sustainability is considered as part of the development assessment process. Ecologically sustainable development The Council must not grant consent to the carrying out of development unless it has given consideration to the following principles of ecologically sustainable development in so far as they are relevant to the proposed development: (a) conservation of natural resources, (b) optimisation of the use of natural features, (c) optimisation of energy efficiency, (d) maintenance or improvement of air, water and soil quality, (e) reduction of car dependence, and (f) waste avoidance, waste minimisation and cleaner production. KOGARAH LOCAL ENVIRONMENTAL PLAN 1998 - REG 17 Objectives 17 Objectives The objectives of this plan in relation to heritage are: (a) to conserve the environmental heritage of Kogarah local government area, and (b) to conserve the heritage significance of existing significant fabric, relics, settings and views associated with the heritage significance of heritage items and heritage conservation areas, and (c) to ensure that archaeological sites and places of Aboriginal heritage significance are conserved, and (d) to allow for the protection of places which have the potential to have heritage significance but are not identified as heritage items, and (e) to ensure that the heritage conservation areas throughout Kogarah local government area retain their heritage significance. KOGARAH LOCAL ENVIRONMENTAL PLAN 1998 - REG 17A Protection of heritage items and heritage conservation areas 17A Protection of heritage items and heritage conservation areas (1) When is consent required? The following development may be carried out only with development consent: (a) demolishing or moving a heritage item or a building, work, relic, tree or place within a heritage conservation area, (b) altering a heritage item or a building, work, relic, tree or place within a heritage conservation area by making structural or non-structural changes to its exterior, such as to its detail, fabric, finish or appearance, (c) altering a heritage item by making structural changes to its interior, (d) disturbing or excavating a place of Aboriginal heritage significance or 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, (e) moving the whole or a part of a heritage item, (f) erecting a building on, or subdividing, land on which a heritage item is located or which is within a heritage conservation area. (2) What exceptions are there? Development consent is not required by this clause if: (a) in the opinion of the Council: (i) the proposed development is of a minor nature or consists of maintenance of the heritage item or of a building, work, archaeological site, tree or place within a heritage conservation area, and (ii) the proposed development would not adversely affect the significance of the heritage item or heritage conservation area, and (b) the proponent has notified the Council in writing of the proposed development and the Council has advised the applicant in writing before any work is carried out that it is satisfied that the proposed development will comply with this subclause and that development consent is not otherwise required by this plan. (3) Development consent is not required by this clause for the following development in a cemetery or burial ground if there will be no disturbance to human remains, to relics in the form of grave goods or to a place of Aboriginal heritage significance: (a) the creation of a new grave or monument, or (b) an excavation or disturbance of land for the purpose of carrying out conservation or repair of monuments or grave markers. (4) What must be included in assessing a development application? Before granting a consent required by this clause, the Council must assess 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. Note: The website of the Heritage Branch of the Department of Planning has publications that provide guidance on assessing the impact of proposed development on the heritage significance of items (for example, Statements of Heritage Impact). (5) What extra documentation is needed? The assessment must include consideration of a heritage impact statement that addresses at least the following issues (but is not to be limited to assessment of those issues, if the heritage significance concerned involves other issues). The Council may also decline to grant such a consent until it has considered a conservation management plan, if it considers the development proposed should be assessed with regard to such a plan. (6) The minimum number of issues that must be addressed by the heritage impact statement are: (a) for development that would affect a heritage item: (i) the heritage significance of the item as part of the environmental heritage of Kogarah local government area, and (ii) the impact that the proposed development will have on the heritage significance of the item and its setting, including any landscape or horticultural features, and (iii) the measures proposed to conserve the heritage significance of the item and its setting, and (iv) whether any archaeological site or potential archaeological site would be adversely affected by the proposed development, and (v) the extent to which the carrying out of the proposed development would affect the form of any historic subdivision, and (b) for development that would be carried out in a heritage conservation area: (i) the heritage significance of the heritage conservation area and the contribution which any building, work, relic, tree or place affected by the proposed development makes to this heritage significance, and (ii) the impact that the proposed development would have on the heritage significance of the heritage conservation area, and (iii) the compatibility of any proposed development with nearby original buildings and the character of the heritage conservation area, taking into account the size, form, scale, orientation, setbacks, materials and detailing of the proposed development, and (iv) the measures proposed to conserve the significance of the heritage conservation area and its setting, and (v) whether any landscape or horticultural features would be affected by the proposed development, and (vi) whether any archaeological site or potential archaeological site would be affected by the proposed development, and (vii) the extent to which the carrying out of the proposed development in accordance with the consent would affect any historic subdivision pattern, and (viii) the issues raised by any submission received in relation to the proposed development in response to the notification or advertising of the application, and (ix) if the Council has adopted any design guidelines that apply to the heritage conservation area, whether the proposed development satisfies those guidelines. KOGARAH LOCAL ENVIRONMENTAL PLAN 1998 - REG 17B Advertised development 17B Advertised development The following development is identified as advertised development: (a) the demolition of a heritage item or a building, work, tree or place in a heritage conservation area, and (b) the carrying out of any development allowed by clause 17G. KOGARAH LOCAL ENVIRONMENTAL PLAN 1998 - REG 17D Development affecting places or sites of known or potential Aboriginal heritage significance 17D Development affecting places or sites of known or potential Aboriginal heritage significance Before granting consent for development that is likely to have an impact on a place of Aboriginal heritage significance or a potential place of Aboriginal heritage significance, or that will be carried out on an archaeological site of a relic that has Aboriginal heritage significance, the Council must: (a) consider a heritage impact statement explaining how the proposed development would affect the conservation of the place or site and any relic known or reasonably likely to be located at the place or site, and (b) except where the proposed development is integrated development, notify the local Aboriginal communities (in such way as it thinks appropriate) of its intention to do so and take into consideration any comments received in response within 21 days after the relevant notice is sent. KOGARAH LOCAL ENVIRONMENTAL PLAN 1998 - REG 17E Development affecting known or potential archaeological sites of relics of non- Aboriginal heritage significance 17E Development affecting known or potential archaeological sites of relics of non-Aboriginal heritage significance (1) Before granting consent for development that will be carried out on an archaeological site or a potential archaeological site of a relic that has non-Aboriginal heritage significance (whether or not it is, or has the potential to be, also the site of a relic of Aboriginal heritage significance), the Council must: (a) consider a heritage impact statement explaining how the proposed development will affect the conservation of the site and any relic known or reasonably likely to be located at the site, and (b) be satisfied that any necessary excavation permit required by the Heritage Act 1977 has been granted. (2) This clause does not apply if the proposed development: (a) does not involve disturbance of below-ground deposits and the Council is of the opinion that the heritage significance of any above-ground relics would not be adversely affected by the proposed development, or (b) is integrated development. KOGARAH LOCAL ENVIRONMENTAL PLAN 1998 - REG 17F Development on site adjacent to site of heritage item 17F Development on site adjacent to site of heritage item (1) Before granting consent to the carrying out of development on a site adjacent to the site of a heritage item, the Council must assess the impact of the proposed development on the heritage significance of the heritage item. (2) This clause extends to development: (a) that may have an impact on the setting of a heritage item, for example, by affecting a significant view to or from the item or by overshadowing, or (b) that may undermine or otherwise cause physical damage to a heritage item, or (c) that will otherwise have any adverse impact on the heritage significance of a heritage item. (3) The Council may refuse to grant any such consent unless it has considered a heritage impact statement that will help it assess the impact of the proposed development on the heritage significance, visual curtilage and setting of the heritage item. (4) The heritage impact statement should include details of the size, shape and scale of, setbacks for, and the materials to be used in, any proposed buildings or works and details of any modification that would reduce the impact of the proposed development on the heritage significance of the heritage item. KOGARAH LOCAL ENVIRONMENTAL PLAN 1998 - REG 17G Conservation incentives 17G Conservation incentives The Council may grant consent to the use for any purpose of a building that is a heritage item, or of the land on which such a building is erected, regardless of any other provision of this plan, if: (a) it is satisfied that the retention of the heritage item depends on the granting of consent, and (b) the proposed use is in accordance with a conservation management plan which has been endorsed by the Council, and (c) the granting of consent to the proposed use would ensure that all necessary conservation work identified in the conservation management plan is carried out, and (d) the proposed use would not adversely affect the heritage significance of the heritage item or its setting, and (e) the proposed use would not adversely affect the amenity of the surrounding area otherwise than to an insignificant extent. KOGARAH LOCAL ENVIRONMENTAL PLAN 1998 - REG 17H Development in heritage conservation areas 17H Development in heritage conservation areas (1) Before granting consent for the erection of a building within a heritage conservation area, the Council must be satisfied that the features of the proposed building will be compatible with the heritage significance of the heritage conservation area, having regard to the form of, and materials used in, buildings that contribute to the heritage significance of the heritage conservation area. (2) In satisfying itself about those features, the Council must have regard to at least the following (but is not to be limited to having regard to those features): (a) the pitch and form of the roof (if any), and (b) the style, size, proportion and position of the openings for windows or doors (if any), and (c) the colour, texture, style, size and type of finish of the materials to be used on the exterior of the building. KOGARAH LOCAL ENVIRONMENTAL PLAN 1998 - REG 18 Foreshore building line 18 Foreshore building line Objective of the provision To protect the vegetation and aesthetic appearance of foreshore areas. Foreshore building line (1) A foreshore building line applies for the purposes of this plan and is located on land to which this plan applies at a distance of 7.6 metres from the mean high water mark of each bay or river or at any greater distance as shown by a broken black line marked “FBL” on the land use map. (2) Except as provided by subclauses (3)–(5), a building shall not be erected on any land to which this plan applies between a foreshore building line and mean high water mark of the nearest bay or river. (3) The Council may grant consent for a building despite any foreshore building line where the levels, depth or other exceptional features of the site make it necessary or expedient to do so. (4) A person may, with the consent of the Council, erect: (a) boat sheds, or (b) wharves, jetties or pontoons, or (c) slipways, or (d) structures below the surface of the ground, or (e) fences, or (f) works to enable pedestrian access, despite any foreshore building line. (5) With the consent of the Council, an existing building that has been erected wholly or partly on land affected by a foreshore building line may be extended, altered or rebuilt. The building as extended, altered or rebuilt shall not, in the opinion of the Council, have an adverse impact on the amenity or aesthetic appearance of the foreshore. (6) Before granting consent to development referred to in subclauses (3)–(5) the Council shall take into consideration the following matters: (a) the appearance of the development from both the waterway and adjacent foreshore areas, (b) whether the development will cause pollution or siltation of the waterway, (c) whether the development will have any adverse effect on surrounding uses, marine habitat, wetland areas, flora or fauna habitats, (d) whether the development will have an adverse effect on drainage patterns, (e) whether the development will cause congestion of or generate conflicts between people using open space areas or the waterway, (f) the desirability of ensuring continuous public access along the foreshore and to the waterway, (g) any effects on the historic, scientific, cultural, social, archaeological, architectural, natural or aesthetic significance of the land on which the development is to be carried out and on surrounding land, (h) whether the development will cause disturbance of any acid sulfate soil, (i) whether any required permission or approval has been granted from the Department of Land and Water Conservation, (k) the suitability of any environmental monitoring or environmental rehabilitation, or both, that may be required with regard to the proposed development. KOGARAH LOCAL ENVIRONMENTAL PLAN 1998 - REG 20 Contaminated land 20 Contaminated land Objective of the provision To ensure that proper remedial measures occur in respect of development on contaminated land. Contaminated land The Council shall not grant consent to the carrying out of any development on land to which this plan applies that is known by the Council to be contaminated unless the Council is satisfied that adequate remediation measures will be carried out. KOGARAH LOCAL ENVIRONMENTAL PLAN 1998 - REG 21 Development in the Special Uses 5 (a) Zone or Open Space 6 (a) Zone 21 Development in the Special Uses 5 (a) Zone or Open Space 6 (a) Zone Objective of the provision To ensure that development within the Special Uses 5 (a) Zone or Open Space 6 (a) Zone is compatible with the existing and future use of the land and will not conflict with the use of surrounding land. Matters for consideration The Council must not grant consent to the carrying out of development on publicly owned land within the Special Uses 5 (a) Zone or Open Space 6 (a) Zone unless it has taken into consideration all of the following: (a) the need for the proposed development on that land, (b) whether the impact of the proposed development will be detrimental to the existing or future use of the land, (c) whether the proposed development will be secondary and complementary to the existing use of the land as public open space, (d) whether the proposed development will significantly diminish public use and access to public open space, (e) whether the proposed development is compatible with uses on adjacent land in relation to its height, bulk, noise generation, traffic generation, and any other aspects that might conflict with surrounding land uses, (f) whether the proposed development is consistent with any plan of management adopted by the Council, (g) whether the height of any proposed building or structure is visually sympathetic to existing vegetation and topography. KOGARAH LOCAL ENVIRONMENTAL PLAN 1998 - REG 21A Development in the Special Uses 5 (b) Zone 21A Development in the Special Uses 5 (b) Zone Land to which this clause applies This clause applies to land in Zone Special Uses 5 (b) (the Special Uses (Railway) Zone). Objective of the provision To ensure that development within the railway corridor is compatible with the existing and future use of the land and will not conflict with the use of surrounding land. Matters for consideration The Council must not grant consent to the carrying out of development on land to which this clause applies unless it has taken into consideration all of the following: (a) the need for the proposed development on that land, (b) whether the impact of the proposed development will be detrimental to the existing or future use of the land, (c) whether the proposed development is compatible with the uses, character and built form of adjacent land or land within the general vicinity in relation to its height, bulk, noise generation, traffic generation and any other aspects that might conflict with surrounding land uses, (d) whether the height of any proposed building or structure is visually sympathetic to existing vegetation and topography, (e) whether the noise or vibration levels will be unacceptable for the proposed use of the land. The Council may decline to grant consent unless it has considered a report from a suitably qualified consultant that assesses noise or vibration levels and recommends appropriate alleviation measures, if necessary. KOGARAH LOCAL ENVIRONMENTAL PLAN 1998 - REG 22 Development of land uncoloured on the land use map 22 Development of land uncoloured on the land use map Objectives of the provision (a) To facilitate appropriate development on publicly owned land, and (b) To ensure that development on or over public land will not create adverse environmental, social or visual impacts. Development of land uncoloured on the land use map Development shall not be carried out on land uncoloured on the land use map without the consent of the Council. KOGARAH LOCAL ENVIRONMENTAL PLAN 1998 - REG 22A Development in Residential 2 (a) Zone 22A Development in Residential 2 (a) Zone Objective of provision To provide opportunities for a compatible mix of dwelling types in localities within the Residential 2 (a) Zone. Provision overrides remainder of plan (1) This clause has effect despite the other provisions of this plan. Sites adjoining certain zones (2) Development for the purpose of villas or townhouses (or both) may be carried out, with the Council’s consent, on a site with an area no greater than 5 000 square metres consisting of an allotment (or a group of adjoining allotments) of land within the Residential 2 (a) Zone, if: (a) at least one allotment adjoining the site is within the Residential 2 (b) Zone, and (b) all allotments adjoining the site that are not within the Residential 2 (b) Zone are within the Business 3 (a), Business 3 (b), Industrial 4 (a), Special Uses 5 (a), Special Uses 5 (b), Open Space 6 (a), Open Space 6 (b) or Open Space 6 (c) Zone. (3) If the Council has adopted any development control plan that applies to development for the purpose of villas or townhouses, the Council is not to grant a consent referred to in subclause (2) unless the Council is satisfied that the carrying out of the proposed development will comply with the requirements of the development control plan. Sites adjoining villas, townhouses or detached dual occupancies (4) Development for the purpose of villas or townhouses (or both) may also be carried out, with the Council’s consent, on a site with an area no greater than 5 000 square metres consisting of an allotment (or a group of adjoining allotments) of land within the Residential 2 (a) Zone, if: (a) development for the purpose of villas, townhouses or detached dual occupancies (or any combination of them) has been carried out on at least one allotment within the Residential 2 (a) Zone adjoining the site, and (b) all allotments adjoining the site that have not been developed for that purpose are within the Residential 2 (b), Business 3 (a), Business 3 (b), Industrial 4 (a), Special Uses 5 (a), Special Uses 5 (b), Open Space 6 (a), Open Space 6 (b) or Open Space 6 (c) Zone. (5) The Council is not to grant a consent referred to in subclause (4): (a) if the carrying out of the proposed development would, in the opinion of the Council, leave any allotment adjoining the site with unreasonably restricted potential for development, or (b) if the Council has adopted any development control plans that apply to development for the purpose of villas or townhouses—unless the Council is satisfied that the carrying out of the proposed development will comply with the requirements of any applicable development control plan. Sites identified for villas in a development control plan (6) Development for the purpose of villas may also be carried out, with the Council’s consent, on a site consisting of an allotment (or a group of adjoining allotments) of land within the Residential 2 (a) Zone, but only if: (a) the site is identified on a map attached to a development control plan prepared for the purposes of this subclause, and (b) the Council is satisfied that the site will be at least 20 metres wide at the setback of the front of the villa that will be closest to the street. (7) The Council is not to grant a consent referred to in subclause (6): (a) if the carrying out of the proposed development would, in the opinion of the Council, leave any allotment adjoining the site with unreasonably restricted potential for development, or (b) unless the Council is satisfied that the carrying out of the proposed development will comply with the requirements of any applicable development control plan. Large sites (8) Development for the purpose of villas or townhouses (or both) or detached dual occupancy may also be carried out, with the Council’s consent, on a site consisting of an allotment of land that is within the Residential 2 (a) Zone (except within the foreshore scenic protection area or the waterfront scenic protection area), and the land may be subdivided under the Strata Schemes (Freehold Development) Act 1973, the Strata Schemes (Leasehold Development) Act 1986 or the Community Land Development Act 1989, but only if: (a) the site was a single allotment on the commencement of Kogarah Local Environmental Plan 1998 (Amendment No 2), and (b) it has a site area of at least 1 500 square metres. (9) The Council is not to grant a consent referred to in subclause (8): (a) if the site coverage of the proposed buildings, when considered in total, would exceed 30%, or (b) unless the Council is satisfied that the carrying out of the proposed development will comply with the requirements of any applicable development control plan which, for the purposes of this paragraph, is taken to include any development control plan that applies to development for the purpose of single dwellings. Corner sites (10) A corner allotment of land within the Residential 2 (a) Zone (except within the foreshore scenic protection area or the waterfront scenic protection area) may, with the Council’s consent, be developed for the purpose of detached dual occupancy and the allotment may be subdivided so as to create separate land titles for each dwelling if: (a) the land is at least 650 square metres in area, and (b) each allotment resulting from the subdivision will be at least 12 metres wide at its street frontage, and (c) each building resulting from the carrying out of the development will face a public street that is at least 8 metres wide in front of the building, and (d) the site coverage of the proposed buildings, when considered both in total and for each of the separate dwellings on allotments to be created by a proposed subdivision under the Strata Schemes (Freehold Development) Act 1973, the Strata Schemes (Leasehold Development) Act 1986 or the Community Land Development Act 1989, would not exceed 30% when calculated both in respect of the site area of the original allotment and in respect of the allotment proposed for each separate dwelling, and (e) where the Council has adopted a development control plan that applies to development for the purpose of single dwellings—the Council is satisfied that the carrying out of the proposed development will comply with the requirements of the development control plan. Development for the purpose of terrace housing (11) Development for the purpose of terrace housing may be carried out, with the Council’s consent, on a site consisting of an allotment (or a group of adjoining allotments) of land that is within the Residential 2 (a) Zone if: (a) each dwelling resulting from the carrying out of the development will have both frontage to a street that is at least 10 metres wide and a rear boundary to a laneway that is no wider than 7 metres, and (b) the Council is satisfied (if the site adjoins other forms of residential development within the Residential 2 (a) Zone or vacant sites within that zone) that the carrying out of the proposed development will comply with such of the requirements of any development control plan applying to single dwellings and adopted by the Council as deal with the impact on residential dwellings and their private open space of the carrying out of development on adjoining land, and (c) where the Council has adopted a development control plan that applies to development for the purpose of terrace housing—the Council is satisfied that the carrying out of the proposed development will comply with the requirements of the development control plan. (12) Nothing prevents each dwelling in a row of terrace houses (other than the two end dwellings) from being built to the side boundary. KOGARAH LOCAL ENVIRONMENTAL PLAN 1998 - REG 23 Brothels 23 Brothels Objective of the provision To ensure that the operation of brothels meets community standards and does not adversely affect the amenity of land used for educational, recreational, residential, cultural, community or neighbourhood business purposes. Brothels (1) Despite any other provision of this plan, premises shall not be erected or used for the purpose of a brothel where they are located: (a) on land within the Residential 2 (a) or 2 (b) Zone or within 50 metres of any such land, or (b) adjacent to any property used or partly used for residential purposes, or (c) within 50 metres of a railway station ingress or egress point adjacent to a public footpath, or (d) near or within view from any church, hospital, community facility, school or public open space or any place regularly frequented by children for recreational or cultural activities. (2) In determining an application to carry out development for the purpose of a brothel, the Council must consider: (a) whether the brothel will operate near or within view from a church, hospital, community facility, school, public open space or any place regularly frequented by children for recreation or cultural activities, and (b) whether the operation of the brothel is likely to cause a disturbance in the neighbourhood when taking into account any other brothels operating in the neighbourhood or other land uses within the neighbourhood involving similar hours of operation, and (c) whether the operation of the brothel is likely to cause a disturbance in the neighbourhood because of its size or the number of people working in it, and (d) whether the operation of the brothel is likely to interfere with the amenity of the neighbourhood, and (e) any other environmental planning matter that the Council considers is relevant. KOGARAH LOCAL ENVIRONMENTAL PLAN 1998 - REG 24 Exceptions 24 Exceptions Objectives of the provision (a) To allow for land use exceptions to the zoning control table which meet the overall objectives of this plan, (b) To maintain the amenity of residential areas which encompass non-residential uses, (c) To support and maintain the viability of existing small shops, and (d) To ensure that development is of a scale compatible with surrounding residential development. Exceptions Regardless of the other provisions of this plan, the land uses specified in the following table are permitted with the consent of the Council on specified land, but only if in accordance with the conditions, if any, specified in that table: Land use exceptions table ___________________________________________________________________ |___________________________________________________________________| |___________________________________________________________________| |___________________________________________________________________| |___________________________________________________________________| |___________________________________________________________________| | |Car parking, where:(a) a | | |landscaped buffer strip is | | |provided to the Council’s | | |satisfaction along the boundary | |75–81 Jubilee Avenue, Carlton |of the properties fronting the | | |Princes Highway and Jubilee | | |Avenue and Lobb Crescent, and(b) | | |not more than two floors of car | |___________________________________________________________________| |803 King Georges Road, South |Motor showrooms. | |___________________________________________________________________| | |A fruit and vegetable shop, where| | |the ratio of the gross floor area| |916–918 King Georges Road, |of the buildings to the area of | |South Hurstville |the allotment of the land on | | |which the buildings are erected | |___________________________________________________________________| |984–986 King Georges Road, |Vehicular access and car parking.| |___________________________________________________________________| |___________________________________________________________________| |___________________________________________________________________| | |Car parking, where:(a) a | | |landscaped buffer strip is | | |provided to the Council’s | |118–122 Princes Highway, |satisfaction along the boundary | |Kogarah |of the properties fronting the | | |Princes Highway and Jubilee | | |Avenue and Lobb Crescent, and(b) | | |not more than two floors of car | |___________________________________________________________________| |___________________________________________________________________| |___________________________________________________________________| |___________________________________________________________________| | |Materials recycling facility | |385–395 Princes Hwy, Carlton |(spare motor vehicle parts only),| |___________________________________________________________________| | |Commercial premises, multi-unit | | |housing and small shops. The | | |overall development being limited| | |to two floors and the amount of | |40 Bellevue Parade, Hurstville |floor space used for commercial | | |premises or small shops (or both)| | |being limited to 80 square metres| | |or the existing commercial/retail| | |floor space, whichever is the | |___________________________________________________________________| |64 Blakesley Road, South | | |___________________________________________________________________| |66 Blakesley Road, South | | |___________________________________________________________________| |100 Connells Point Road, South | | |___________________________________________________________________| |115 Connells Point Road, Connells| | |___________________________________________________________________| |___________________________________________________________________| |___________________________________________________________________| |___________________________________________________________________| |___________________________________________________________________| |___________________________________________________________________| |___________________________________________________________________| |___________________________________________________________________| | |Commercial premises, multi-unit | | |housing and small shops. The | | |overall development being limited| | |to two floors and the amount of | |43 Jubilee Avenue, Carlton |floor space used for commercial | | |premises or small shops (or both)| | |being limited to 80 square metres| | |or the existing commercial/retail| | |floor space, whichever is the | |___________________________________________________________________| |___________________________________________________________________| |___________________________________________________________________| |911 King Georges Road, South | | |___________________________________________________________________| |___________________________________________________________________| |111 Rocky Point Road, Beverley | | |___________________________________________________________________| |___________________________________________________________________| |___________________________________________________________________| |___________________________________________________________________| |___________________________________________________________________| |___________________________________________________________________| |___________________________________________________________________| |___________________________________________________________________| |___________________________________________________________________| |___________________________________________________________________| KOGARAH LOCAL ENVIRONMENTAL PLAN 1998 - REG 25 Dictionary 25 Dictionary (1) In this plan: "Acid Sulfate Soil Planning Map" means the map marked “ Kogarah Local Environmental Plan 1998 (Amendment No 17)—Acid Sulfate Soil Planning Map ” kept in the office of the Council. "acid sulfate soils" means actual or potential acid sulfate soils, as defined in the Acid Sulfate Soils Assessment Guidelines. "Acid Sulfate Soils Assessment Guidelines" means the Acid Sulfate Soils Assessment Guidelines as published from time to time by the NSW Acid Sulfate Soils Management Advisory Committee and adopted by the Director-General. "adult concept store" means premises used predominantly for the purpose of the display or sale (whether by retail or by auction) of sex items (whether goods or materials) or services (other than prostitution). "amusement centre" means a building or place (other than a place in a dwelling) used primarily for the purpose of playing: (a) billiards, pool or similar games, or (b) electrically or mechanically operated amusement devices such as pinball machines and the like, but only if more than 3 such machines are installed in the building or place. "appointed day" means the day on which this plan takes effect. "aquaculture" means the cultivation (including the propagation and rearing) of the living resources of the sea or inland waters, whether or not the cultivation is carried out in a farm established for that purpose using an artificially created body of water. "archaeological site" means the site of one or more relics. "arterial road" means: (a) a road shown on the land use map by a broken red band, or (b) a road declared to be a main road under the Roads Act 1993, or (c) a road declared to be a secondary road under the Roads Act 1993. "attached dual occupancy" means a dual occupancy comprising 2 attached dwellings on one allotment. "automotive use" means a use of a building or work or land for the purpose of fuelling, lubricating, cleaning, caring for, maintaining or repairing motor vehicles or of offering for sale and installing automotive accessories or parts and includes a workshop, a shop for the sale of automotive spare parts, tyres or car batteries, a tyre retreading workshop and any other establishment performing similar functions, but does not include a panel beating workshop (other than a place used for minor panel beating ancillary to a motor showroom) or a service station. "bed and breakfast accommodation" means a property occupied by permanent residents who provide temporary paid accommodation to guests, which may include meals, with not more than three guest bedrooms. "boarding house" means a building or place (not including a motel): (a) where accommodation and laundry facilities are provided to the residents of the building or place, and (b) which is not licensed to sell liquor within the meaning of the Liquor Act 1982. "brothel" means premises habitually used for the purposes of prostitution. Premises may constitute a brothel even though used by only one prostitute for the purposes of prostitution. "bulk store" means a building or place used for the bulk storage of goods, where the goods stored or to be stored are not required for use in a shop or commercial premises on the same parcel of land or on adjoining land in the same ownership. "bulky goods establishment" means a building or place used for the sale by retail or auction, or the hire or display, of items (whether goods or materials) which, in the opinion of the Council, are of such size, shape or weight as to require either or both of the following: (a) a large area for handling, storage or display, (b) direct vehicular access to the site of the building or place by members of the public, for the purpose of loading items into or onto their vehicles after purchase, but does not include a building or place: (c) used for the sale of food, clothing or petrol, or (d) used for anything that would adversely affect the range of services offered by existing facilities located in any nearby business or industrial centre. "bushfire hazard reduction" means a reduction or modification (by controlled burning or mechanical or manual means) of material that constitutes a bushfire hazard. "caravan park" means land used as a site for moveable dwellings, including tents and caravans or other vehicles used for temporary or permanent accommodation. "centre based child care service" means a child care service that is provided at fixed premises (other than the home of the licensee of the service) by a person for the purpose of educating, minding or caring for (but without providing residential care for) 4 or more children (not including any children who are related to the person providing the service) who are under 6 years of age and who do not ordinarily attend school. "club" means a building used by persons associated, or by a body incorporated, for social, literary, political, sporting, athletic or other lawful purposes, whether of the same or of a different kind and whether or not the whole or a part of the building is the premises of a club registered under the Registered Clubs Act 1976. "commercial premises" means a building or place used as an office or for other business or commercial purposes, but (in Part 2) does not include a building or place elsewhere specifically defined in this clause or a building or place used for a purpose specifically defined in this clause. "community facility" means a building or place owned or used by a public authority or a body of persons which provides for the physical, social, cultural or intellectual development or welfare of the local community. "conservation management plan" means a document prepared in accordance with the requirements of the NSW Heritage Office that establishes 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. "contaminated land" means land in, on or under which any substance is present at a concentration above that naturally present in, on or under the land and that poses, or is likely to pose, an immediate or long term risk to human health or the environment. "corporation" means the corporation constituted by section 8 (1) of the Environmental Planning and Assessment Act 1979. "Council" means Kogarah Municipal Council. "demolish" a heritage item, or a building, work, archaeological site, tree or place within a heritage conservation area, means wholly or partly destroy, dismantle or deface the heritage item or the building, work, archaeological site, tree or place. "detached dual occupancy" means a dual occupancy comprising 2 detached dwellings on one allotment of land. "drive-in take-away food shop" means premises used for the purpose of selling food or drinks prepared and ready for consumption, and providing off-street parking for use by customers. "dual occupancy" means 2 dwellings on one allotment, but does not include an extended family unit. "dwelling" means a room or number of rooms occupied or used, or so constructed or adapted as to be capable of being occupied or used, as a separate residence. "dwelling house" means a building containing one but not more than one dwelling. "ecologically sustainable development" means using, conserving and enhancing the community’s resources so that ecological processes are maintained and the total quality of life, now and in the future, can be increased. "educational establishment" means a building or place used for education (including teaching) and includes: (a) a school, and (b) a tertiary institution, being a university, a TAFE establishment (within the meaning of the Technical and Further Education Commission Act 1990), teachers’ college, technical college or other tertiary college providing formal education which is constituted by or under an Act, and (c) an art gallery or museum that is not used to sell the items displayed in it, whether or not accommodation for staff or students, or both, is provided and whether or not used for the purpose of gain. "extended family unit" means a dwelling or part of a building no larger than 65 square metres in area that is detached from, attached to or within, another dwelling and in which facilities for cooking, sleeping and washing are included, but where clothes washing facilities for use in connection with the dwelling or part of the building may be provided on a shared basis. "floor space ratio" means the ratio of the gross floor area of a building to the area of the site on which the building is or is proposed to be erected. "foreshore scenic protection area" is the area shown on the land use map by distinctive black hatching and so identified on that map. "generating works" means a building or place used for the purpose of making or generating gas, electricity or any other form of energy. "gross floor area" means the sum of the areas of each floor of a building, where the area of each floor is taken to be the area within the outer face of the external enclosing walls as measured at a height of 1,400 millimetres above each floor level, excluding: (a) columns, fin walls, shading devices, awnings and any other elements, projections or works outside the general lines of the outer face of the external wall, (b) lift towers, cooling towers, machinery and plant rooms and ancillary storage space and air-conditioning ducts, (c) car parking needed to meet any requirements of the Council and any internal vehicular or pedestrian access to that parking, (d) space for the loading and unloading of goods, and (e) internal public arcades and thoroughfares, terraces and balconies and the like. "group home" means a dwelling that is a permanent group home or a transitional group home. "hazardous industry" means development for the purpose of an industry which, if the development were in operation and when all measures proposed to reduce or minimise its impact on the locality were employed (such as measures to isolate the development from existing or likely future development on other land in the locality), would pose a significant risk, in relation to the locality: (a) to human health, life or property, or (b) to the biophysical environment. "hazardous storage establishment" means any establishment at which goods, materials or products are stored which, if in operation and when all measures proposed to reduce or minimise its impact on the locality are employed (such as measures to isolate the establishment from existing or likely future development on other land in the locality), would pose a significant risk, in relation to the locality: (a) to human health, life or property, or (b) to the biophysical environment. "helipad" means an area or place not open to the public use which is authorised by the Commonwealth Department of Transport and which is set apart for the taking off and landing of helicopters. "heliport" means an area or place open to public use which is licensed by the Commonwealth Department of Transport for use by helicopters and includes terminal buildings and facilities for the parking, servicing and repair of helicopters. "heritage conservation area" means an area described in Part 2 of Schedule 3 and shown in a distinctive manner on the land use map. "heritage impact statement" means a document consisting of a statement demonstrating the heritage significance of a heritage item or heritage conservation area, or of a building, work, archaeological site, tree or place within a heritage conservation area, an assessment of the impact that proposed development will have on that significance and proposals for measures to minimise that impact. "heritage item" means a building, work, relic, tree, archaeological site, streetscape or place (which may or may not be situated on or within land that is a heritage conservation area) described in Part 1 of Schedule 3. "heritage significance" means historic, scientific, cultural, social, archaeological, architectural, natural or aesthetic significance. "home based child care service" means a child care service that is provided at the home of the licensee of the service for the purpose of educating, minding or caring for (but without providing residential care for) not more than 7 children under the age of 12 years, (including any children who are related to the person providing the service) 5 of whom have not started school. "home business" means a dwelling in which an occupation or light industry is carried out by the permanent residents of the dwelling but which does not involve any of the following: (a) interference with the amenity of neighbouring premises or the locality by reason of the emission of noise, vibration, smell, fumes, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, or otherwise, (b) exposure to view from adjacent premises or any public place of goods associated with the business or any unsightly matter, (c) employment of more than one person who is not a resident of the dwelling, (d) an increase in the capacity of utility service mains in the locality, (e) the exhibition of any notice, advertisement or sign (other than one non-illuminated sign which does not exceed 0.75 square metres in area and which is exhibited on that dwelling), (f) the display of goods, (g) the use of premises as a brothel, (h) a change in the appearance of the dwelling or the land on which it is erected out of character with that of the adjoining land, (i) a courier, taxi, road transport, tow truck or freight delivery operation, (j) any noticeable increase in the number of cars likely to be parked on a street or streets in which the home business is located. "home industry" means a light industry carried on in a building (other than a dwelling) situated within the curtilage of a dwelling by the permanent resident of the dwelling, being an industry that does not involve any of the following: (a) interference with the amenity of neighbouring premises or the locality by reason of the emission of noise, vibration, smell, fumes, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, or otherwise, (b) exposure to view from adjacent premises or any public place of goods associated with the light industry or any unsightly matter, (c) employment of more than one non-resident of the dwelling, (d) an increase in the capacity of utility service mains in the locality, (e) the exhibition of any notice, advertisement or sign (other than one non-illuminated sign which does not exceed 0.75 square metres in area and which is exhibited on that building), (f) the display of goods, (g) the use of premises as a brothel, (h) a change in the appearance of the building or the land on which it is erected out of character with that of adjoining land, (i) a courier, taxi, road transport, tow truck or freight delivery operation, (j) generation of additional traffic of a type and amount that would have a significant adverse impact on the surrounding residential area. "hospital" means a building or place used for the purpose of providing professional health services (including preventative care, diagnosis, medical or surgical treatment or counselling) to people admitted as in-patients, whether or not out-patients are also cared for or treated there, and includes: (a) ancillary facilities for the accommodation of nurses or other health care workers, ancillary shops or refreshment rooms and ancillary accommodation for persons receiving health care or for their visitors, and (b) facilities situated in the building or at the place and used for educational or research purposes, whether or not they are used only by hospital staff or health care workers, and whether or not any such use is a commercial use. "hostel" means residential accommodation housing older people or people with a disability where cooking and dining, laundering, cleaning and other facilities are provided on a shared basis and where a person having nursing or social work experience or other similar experience provides services. "hotel" means the premises to which a hotelier’s licence granted under the Liquor Act 1982 relates and may include temporary or short- term accommodation for travellers. "housing for older people or people with a disability" means residential accommodation which is or is intended to be used permanently as housing for the accommodation of older people or people with a disability which may consist of a residential care facility, a hostel or a grouping of 2 or more self-contained dwellings, or a combination of these, but does not include a hospital. "industry" means the manufacturing, assembling, altering, repairing, renovating, ornamenting, finishing, cleaning, washing, dismantling, processing or adapting of any goods or articles for commercial purposes, but (in Part 2) does not include any other use of land elsewhere defined in this clause. "land use map" means the map marked “ Kogarah Local Environmental Plan 1998 ”, as amended by the maps (or specified sheets of maps) marked as follows: Note: The amending maps are not necessarily listed in the order of gazettal or publication on the NSW legislation website. Information about the order of gazettal or publication can be determined by referring to the Historical notes at the end of the plan. Kogarah Local Environmental Plan 1998 (Amendment No 1) Kogarah Local Environmental Plan 1998 (Amendment No 6) Kogarah Local Environmental Plan 1998 (Amendment No 7) Kogarah Local Environmental Plan 1998 (Amendment No 9) Kogarah Local Environmental Plan 1998 (Amendment No 18) Kogarah Local Environmental Plan 1998 (Amendment No 19) Kogarah Local Environmental Plan 1998 (Amendment No 23) Kogarah Local Environmental Plan 1998 (Amendment No 25) Kogarah Local Environmental Plan 1998 (Amendment No 30) Kogarah Local Environmental Plan 1998 (Amendment No 34) Kogarah Local Environmental Plan 1998 (Amendment No 35) Kogarah Local Environmental Plan 1998 (Amendment No 36) Kogarah Local Environmental Plan 1998 (Amendment No 43) Kogarah Local Environmental Plan 1998 (Amendment No 45) Kogarah Local Environmental Plan 1998 (Amendment No 47) —Sheets 1–6 Kogarah Local Environmental Plan 1998 (Amendment No 48) Kogarah Local Environmental Plan 1998 (Amendment No 49) "light industry" means an industry in which the processes carried on, the transportation involved and the machinery or materials used, do not interfere with the amenity of the neighbourhood, but (in Part 2) does not include a use of land elsewhere defined in this clause. "liquid fuel depot" means a depot or place used for the bulk storage for wholesale distribution of petrol, oil or other inflammable liquid. "maintenance" means the ongoing protective care of a heritage item or a building, work, archaeological site, tree or place within a heritage conservation area. It does not include alterations, such as carrying out extensions or additions, or the introduction of new materials or technology. "marina" means a pontoon, jetty, pier or the like used or intended to be used to provide moorings for boats used for pleasure or recreation, and includes: (a) slipways, and (b) facilities for the repair, maintenance and fuelling of, or the provision of accessories and parts for, boats or boating enthusiasts, and (c) facilities for the storage or provision of food. "materials recycling facility" means a building or place used for the collecting, sorting, dismantling, storing, abandoning or recycling of second-hand or scrap materials for the purpose of resale, reuse or their transfer elsewhere. "minor drainage works" means drainage works which are, in the opinion of Council, minor or associated with buildings, dwellings, or ancillary development. "minor repair" means the repair of materials by patching, piercing in, splicing and consolidating existing materials, including the replacement of minor individual components such as bricks, stones and timber where they are damaged beyond repair or are missing. "motel" means premises, not being a hotel, used for the temporary or short-term accommodation of travellers and also used for the provision of meals to those travellers or to the general public. "motor showroom" means a building or place used for the display or sale of motor vehicles, caravans or boats, whether or not motor vehicle accessories, caravan accessories or boat accessories are sold or displayed on the premises. "multi-unit housing" means three or more dwellings, whether attached or not. "nursing home" means premises at which residents are provided with nursing care for fee, gain or reward, being residents: (a) who are recuperating from illness or childbirth and who require nursing care, or (b) who require nursing care on account of age, infirmity, chronic ill-health or other condition, but does not include: (c) an institution conducted by or on behalf of the State, or (d) an incorporated hospital or a separate institution within the meaning of, or a hospital specified in Schedule 5 to, the Public Hospitals Act 1929, or (e) a hospital or other house service under the control of an area health service constituted under the Area Health Services Act 1986, or (f) a private health facility within the meaning of the Private Health Facilities Act 2007, or (g) a residential rehabilitation establishment licensed under the Drug and Alcohol Rehabilitation Act 1987. "offensive industry" means development for the purpose of an industry which, if the development were in operation and when all measures proposed to reduce or minimise its impact on the locality are employed (such as measures to isolate the development from existing or likely future development on other land in the locality), would emit a polluting discharge (such as noise) in a manner which would have a significant adverse impact in the locality or on existing or likely future development on other land in the locality. "offensive storage establishment" means any establishment at which goods, materials or products are stored and which, if in operation and when all measures proposed to reduce or minimise its impact on the locality are employed (such as measures to isolate the establishment from existing or likely future development on other land in the locality), would emit a polluting discharge (such as noise) in a manner which would have a significant adverse impact in the locality or on existing or likely future development on other land in the locality. "older people" means people of or above 55 years of age. "operational land" means land classified or reclassified as operational land within the meaning of the Local Government Act 1993. "panel beating workshop" means a building or place used for the purpose of carrying out repairs to boats, motor vehicles or machinery, where the work involved includes: (a) body building, and (b) panel beating (which may or may not involve dismantling), and (c) spray painting. "permanent group home" means a dwelling: (a) which is used to provide a household environment for differently abled persons or socially disadvantaged persons, whether or not those persons are related, and (b) which is occupied by the persons referred to in paragraph (a) as a single household, with or without paid or unpaid supervision or care and with or without payment for board and lodging being required, but does not include a building used for the housing of older people or people with a disability. "place of Aboriginal heritage significance" means: (a) a place that has the physical remains of pre-European occupation by, or is of contemporary significance to, the Aboriginal people. It can (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. "place of worship" means a building or place used for the purpose of religious worship, whether or not the building or place is also used for administration, counselling, social events or religious training by a congregation or religious group. "potential archaeological site" means a site that, in the opinion of the Council, has the potential to be an archaeological site. "potential place of Aboriginal heritage significance" means a place that, in the opinion of the Council, has the potential to have Aboriginal heritage significance. "professional consulting room" means a room or a number of rooms forming part of, attached to, or within the curtilage of, a dwelling house, and used by not more than three legally qualified medical practitioners, or by not more than three dentists, or by not more than three health care professionals who, if more than one, practise in partnership, and who employ not more than three people in connection with the practice. "public building" means a building or place used as a business or office by a public authority or an organisation established for a public purpose. "public utility installation" means any undertaking carried on by, or by authority of, any public authority, or in pursuance of any Commonwealth or State Act, for the purpose of: (a) railway, road, water or air transport, or wharf or river undertakings, or (b) the provision of sewerage or drainage services, or (c) the supply of water, hydraulic power, electricity or gas, or (d) telecommunication facilities. "recreation area" means: (a) a children’s playground, or (b) an area used for sporting activities or sporting facilities, or (c) an area used to provide facilities for recreational activities which promote the physical, cultural or intellectual welfare of persons within the community, being facilities provided by: (i) the Council, or (ii) a body of persons associated for the purpose of promoting the physical, cultural or intellectual welfare of persons within the community, and includes golf courses, tennis courts and bowling greens and any ancillary club building and showgrounds. "refreshment room" means a restaurant, cafe, tea room, eating house or the like. "relic" means: (a) any deposit, object or material evidence (which may consist of human remains) that is more than 50 years old relating to the use or settlement, not being Aboriginal habitation, of Kogarah local government area and that is a fixture or is wholly or partly within the ground, or (b) any deposit, object or material evidence (which may consist of human remains) of any age relating to Aboriginal habitation of Kogarah local government area. "residential care facility" means accommodation for older people 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, not being a dwelling, hospital or psychiatric facility and does not include anything elsewhere defined in this clause. "self-contained dwelling" means a dwelling or part of a building, whether attached to another dwelling or not, housing older people or people with a disability, where private facilities for cooking, sleeping and washing are included in the dwelling or part of the building, but where clothes washing facilities or other facilities for use in connection with the dwelling or part may be provided on a shared basis. "service station" means a building or place used predominantly for the fuelling of motor vehicles and for the sale by retail of petrol, oil or other petroleum products, whether or not the building or place is also used for one or more of the following: (a) the hiring of trailers, (b) the retail selling or the installing of spare parts and accessories for motor vehicles, (c) the washing or greasing of motor vehicles, (d) the repairing or servicing of motor vehicles (other than body building, panel beating or spray painting), (e) the retail selling or hiring of small consumer goods. "shop" means a building or place used for the purpose of selling (whether by retail or auction), hiring or displaying items (whether goods or materials). "site area", in relation to development, means the area of land to which an application for consent to carry out development relates, but does not include any part of the land on which the development is not permitted by or under this plan or any other environmental planning instrument. "site coverage" means the ratio of the sum of the areas within the outer face of the external enclosing walls of the ground floor levels of all buildings on a site (including garages but not including columns, fin walls and sun control devices) to the site area, expressed as a percentage. "small shop" means a building or place with a gross floor area which does not exceed 80 square metres used for the purpose of selling (whether by retail or auction), hiring or displaying items (whether goods or materials). "streetscape" means the character of a locality (whether it be a street or precinct) defined by the spatial arrangement and visual appearance of built and landscape features when viewed from the street. "terrace house" means a dwelling in a row of four or more attached dwellings each of which: (a) addresses the street, and (b) has a similar setback from the street to each other of the dwellings, and (c) has a separate entrance door accessible to the street, and (d) has a rear private outdoor courtyard area that is at the same or a similar level to a floor level of the dwelling and is immediately accessible from the dwelling, and (e) has the type and character of a dwelling that is commonly referred to as a terrace house. "the Act" means the Environmental Planning and Assessment Act 1979. "tourist facilities" means an establishment providing for holiday accommodation or recreation and may include a boat shed, boat landing facilities, camping ground, caravan park, holiday cabins, hotel, house boat, marina, motel, playground, refreshment room, water sport facilities or a club used in conjunction with any such activities. "townhouse" means a two-storey dwelling within a multi-unit housing development, which may or may not be attached to another dwelling, on a single allotment or on adjoining allotments that comprise a single site, where each dwelling has a separate entrance door accessible from an outside area and a private outdoor courtyard area at a level the same as, or similar to, the floor level of the dwelling. "transitional group home" means a dwelling: (a) which is used to provide temporary accommodation, for the purpose of relief or rehabilitation, for differently abled persons or socially disadvantaged persons, whether or not those persons are related, and (b) which is occupied by the person referred to in paragraph (a) as a single household, with or without paid or unpaid supervision or care and with or without payment for board and lodging being required, but does not include a building for the housing of older people or people with a disability. "transport terminal" means a building or place used as an airline terminal, a road transport terminal or a bus depot. "veterinary establishment" means a building or place used for the purpose of the medical or surgical treatment of animals, whether or not animals are kept or boarded on the premises. "villa" means a single-storey dwelling within a multi-unit housing development, which may or may not be attached to another dwelling, on a single allotment or on adjoining allotments that comprise a single site, where: (a) each dwelling has a separate entrance door accessible from an outside area and a private outdoor courtyard area, and (b) the floor level of the dwelling is no more than 1.2 metres above natural ground level, with only garages and non-habitable rooms below that floor level. "warehouse or distribution centre" means a building or place used mainly for storing, handling or displaying items (whether goods or materials) which have been produced or manufactured for sale, but not for the retail sale of items to the public from the building or place. "waterfront scenic protection area" is the area shown on the land use map with distinctive black cross hatching and so identified on that map. (2) In this plan: (a) a reference to development of land for a purpose includes a reference to proposed development of land for that purpose, and (b) a reference to a map is a reference to a map kept in the office of the Council, and (c) a reference to land within a zone is a reference to land shown on the land use map as being within that zone. (3) The list of contents is not part of this plan. KOGARAH LOCAL ENVIRONMENTAL PLAN 1998 - SCHEDULE 1 SCHEDULE 1 – Development without consent (Clause 6 (1) (a)) 1 The carrying out by persons carrying on railway undertakings on land comprised in their undertakings of: (a) any development required in connection with the movement of traffic by rail, including the construction, reconstruction, alteration, maintenance and repair of ways, works and plant, and (b) the erection within the limits of a railway station of buildings for any purpose, but excluding: (c) the construction of new railways, railway stations and bridges over roads, (d) the erection, reconstruction and alteration of buildings for purposes other than railway undertaking purposes outside the limits of a railway station and the reconstruction or alteration, so as materially to affect their design, of railway stations or bridges, (e) the formation or alteration of any means of access to a road, and (f) the erection, reconstruction and alteration of buildings for purposes other than railway purposes where such buildings have direct access to a public place. The carrying out by persons carrying on public utility installations, being water, sewerage, drainage, electricity or gas undertakings, of any of the following development, being development required for the purpose of their undertakings: (a) development of any description at or below the surface of the ground, (b) the installation of any plant inside a building or the installation or erection within the premises of a generating station or substation established before the appointed day of any plant or other structures or erections required in connection with the station or substation, (c) the installation or erection of any plant or other structures or erections by way of addition to or replacement or extension of plant or structures or erections already installed or erected, including the installation in an electrical transmission line of substations, feeder-pillars or transformer housing, but not including the erection of overhead lines for the supply of electricity or pipes above the surface of the ground for the supply of water, or the installation of substations, feeder-pillars or transformer housings of stone, concrete or brickwork, (d) the provision of overhead service lines in pursuance of any statutory power to provide a supply of electricity, (e) the erection of service reservoirs on land acquired or in process of being acquired for the purpose before the appointed day, provided reasonable notice of the proposed erection is given to the Council, or (f) any other development, except: (i) the erection of buildings, the installation or erection of plant or other structures or erections and the reconstruction or alteration, so as materially to affect their design or external appearance, of buildings, or (ii) the formation or alteration of any means of access to a road. 3 The carrying out by persons carrying on public utility installations, being water transport undertakings, on land comprised in their undertakings, of any development required in connection with the movement of traffic by water, including the construction, reconstruction, alteration, maintenance and repair of ways, buildings, wharves, works and plant required for that purpose, except: (a) the erection of buildings and the reconstruction or alteration of buildings so as materially to affect their design or external appearance, or (b) the formation or alteration of any means of access to a road. 4 The carrying out by persons carrying on public utility installations, being wharf or river undertakings, on land comprised in their undertakings, of any development required for the purposes of shipping or in connection with the embarking, loading, discharging or transport of passengers, live-stock or goods at a wharf or the movement of traffic by a railway forming part of the undertaking, including the construction, reconstruction, alteration, maintenance and repair of ways, buildings, works and plant for those purposes, except: (a) the construction of bridges, the erection of any other buildings, and the reconstruction or alteration of bridges or of buildings so as materially to affect their design or external appearance, or (b) the formation or alteration of any means of access to a road. 5 The carrying out by persons carrying on public utility installations, being road transport undertakings, on land comprised in their undertakings, of any development required in connection with the movement of traffic by road, including the construction, reconstruction, alteration, maintenance and repair of buildings, works, and plant required for that purpose, except: (a) the erection of buildings and the reconstruction or alteration of buildings so as materially to affect their design or external appearance, or (b) the formation or alteration of any means of access to a road. 6 The carrying out of any development required in connection with the construction, reconstruction, improvement, maintenance or repair of any road, except the widening, realignment or relocation of a road. 7 The carrying out or causing to be carried out by a Council engaged in flood mitigation works or by the Water Administration Ministerial Corporation of any work for the purposes of soil conservation, irrigation, afforestation, reafforestation, flood irrigation, water conservation or river improvement in pursuance of the provisions of the Water Act 1912, the Irrigation Act 1912, the Farm Water Supplies Act 1946 or the Rivers and Foreshores Improvement Act 1948, except: (a) the erection of buildings, the installation or erection of plant or other structures or erections and the reconstruction or alteration of buildings so as materially to affect their design or external appearance, or (b) the formation or alteration of any means of access to a road. KOGARAH LOCAL ENVIRONMENTAL PLAN 1998 - SCHEDULE 2 SCHEDULE 2 – Classification and reclassification of public land as operational land (Clause 13) Part 1 - Land classified, or reclassified, under original section 30 of Local Government Act 1993 ____________________________________________________________________________ |____________________________________________________________________________| |____________________________________________________________________________| |____________________________________________________________________________| | |Pt. Lot A, C.T. Vol. 4359 Fol. 202, as shown within | |Railway Parade |heavy black edging on the map marked “ Kogarah Local | | |Environmental Plan No 72 ” deposited in the office of| |____________________________________________________________________________| |____________________________________________________________________________| |____________________________________________________________________________| |____________________________________________________________________________| |____________________________________________________________________________| |____________________________________________________________________________| |____________________________________________________________________________| |____________________________________________________________________________| |____________________________________________________________________________| |____________________________________________________________________________| |____________________________________________________________________________| | |Proposed Lot 650, being part of Lot 65, DP 4949, as | |85 The Promenade |shown edged heavy black on the map marked “ Kogarah | |____________________________________________________________________________| Part 2 - Land classified, or reclassified, under amended section 30 of Local Government Act 1993—interests not changed _________________________________________________________________________ |_________________________________________________________________________| |_________________________________________________________________________| |_________________________________________________________________________| |_________________________________________________________________________| |_________________________________________________________________________| |84 Railway Parade |Lot 4, Sec F, DP 1397, Lot 52, DP 132812 and Lot 7, DP| |_________________________________________________________________________| |_________________________________________________________________________| |_________________________________________________________________________| Part 3 - Land classified, or reclassified, under amended section 30 of Local Government Act 1993—interests changed _________________________________________________________________________ |_________________________________________________________________________| |_________________________________________________________________________| |_________________________________________________________________________| |1 Centre Street|Lots 8 and 21, DP 11492 (former|Nil. | |_________________________________________________________________________| KOGARAH LOCAL ENVIRONMENTAL PLAN 1998 - SCHEDULE 3 SCHEDULE 3 – Heritage items Clause 25 (1) definitions of “heritage item” and “heritage conservation area” Part 1 - Heritage items In this Schedule, for the purpose of classification of heritage items: (a) “L” means of local significance, (b) “R” means of regional significance, and (c) “S” means of State significance. ____________________________________________________________________________ |____________________________________________________________________________| |59 Ada Street, |“Dulmar” |House and Garden |L | |____________________________________________________________________________| |18 Anglo Square, |“Yosemite” |House and Garden |L | |____________________________________________________________________________| |20 Anglo Square, | |House and Garden |L | |____________________________________________________________________________| |24 Anglo Square, |“Lohengrin” |House and Garden |L | |____________________________________________________________________________| |23 Annette Street, | |House and Garden |L | |____________________________________________________________________________| |25 Annette Street, | |House and Garden |L | |____________________________________________________________________________| |Annette Street, |Oatley Pleasure |Reserve |L | |____________________________________________________________________________| |43 Arthur Street, | |House and Garden |L | |____________________________________________________________________________| |45 Arthur Street, |“Titus” |House and Garden |L | |____________________________________________________________________________| |8 Belgrave Street, |“Tokio” |House and Garden |L | |____________________________________________________________________________| |Cnr Belgrave Street | | | | |and Post Office |Red Martins |Licensed Restaurant|L | |____________________________________________________________________________| |3 Bellevue Street, |“Ulmarra” |House and garden |L | |____________________________________________________________________________| |11 Bellevue Street, |“Abestay” |House and garden |L | |____________________________________________________________________________| |13 Bellevue Street, |“Essieville” |House and garden |L | |____________________________________________________________________________| |11 Bowden Crescent, | |House and Garden |L | |____________________________________________________________________________| |9 Bowns Road, | |House and garden |L | |____________________________________________________________________________| |10A Bowns Road, |Kogarah School of |Building and Hall |R | |____________________________________________________________________________| |Lot 21, 28 Carlton | |House and Front | | |Crescent, Kogarah |“Bayview” |Garden |L | |____________________________________________________________________________| |74 Carwar Avenue, |Carss Cottage |Cottage and Garden |R | |____________________________________________________________________________| |76–78 Carwar |Carss Bush Park |Reserve |R | |____________________________________________________________________________| |6 Carysfort Street, |“Maroo” |House and Garden |R | |____________________________________________________________________________| |11 Cecil Street, |“Yamba” |House and Garden |L | |____________________________________________________________________________| |3 Chapel Street, | |House and Garden |L | |____________________________________________________________________________| |36 Chapel Street, |Parish Centre |Single Storey |L | |____________________________________________________________________________| |16 Claremont Street,| |House |L | |____________________________________________________________________________| |Coleborne Avenue, |Mortdale Public |Buildings A and B |L | |____________________________________________________________________________| |Coleborne Avenue, |Mortdale Railway |Railway Station |L | |____________________________________________________________________________| |30–32 Connells | | | | |Point Road, | |Residential Units |L | |____________________________________________________________________________| |85 Connells Point | | | | |Road, Hurstville |“Tivetshall” |House and Garden |L | |____________________________________________________________________________| |116 Connells Point | | | | |Road, Connells | |House and Garden |R | |____________________________________________________________________________| |222 Connells Point |“Jacma” |House and Garden |L | |____________________________________________________________________________| |290 Connells Point |Connells Point | | | |Road, Connells |Reserve. |Reserve |L | |____________________________________________________________________________| |7 Cross Street, Kyle| |House and Garden |L | |____________________________________________________________________________| |37 Culwulla Street, | |Church |L | |____________________________________________________________________________| |12 Dalkeith Street, |“Torwood” |House and Garden |L | |____________________________________________________________________________| |11 Denman Street, |“Oxley” |House and Garden |L | |____________________________________________________________________________| |18 Derby Street, |Kogarah Presbyterian|Church and Hall |L | |____________________________________________________________________________| |1 Derwent Street, |“Pine Villa” |House and Garden |L | |____________________________________________________________________________| |3 Dudley Street, | |House and Garden |L | |____________________________________________________________________________| |41 Edward Street, | |House and Shop |L | |____________________________________________________________________________| |26 English Street, |“Bayview” |House and Garden |L | |____________________________________________________________________________| |45 English Street, |“The Laurels” |House and Garden |L | |____________________________________________________________________________| |52 English Street, | |House and Garden |L | |____________________________________________________________________________| |72–74 English |“Te Komaraki” |Terraces |L | |____________________________________________________________________________| |14 Garden Street, | |House and Garden |L | |____________________________________________________________________________| |96 George Street, |“St Raphael’s”|Church/School |L | |____________________________________________________________________________| |Georges River, |Como Railway Bridge |Bridge |S | |____________________________________________________________________________| |4 Gray Street, | |Terrace |L | |____________________________________________________________________________| |6 Gray Street, | |Terrace |L | |____________________________________________________________________________| |8 Gray Street, | |Terrace |L | |____________________________________________________________________________| |10 Gray Street, | |Terrace |L | |____________________________________________________________________________| |12 Gray Street, | |Terrace |L | |____________________________________________________________________________| |13–15 Gray Street,| |Shop |L | |____________________________________________________________________________| |14 Gray Street, | |Terrace |L | |____________________________________________________________________________| |26 Gray Street, |Kogarah Fire Station|Fire Station |L | |____________________________________________________________________________| |30 Gray Street, |Griffith House |Hospital Building |R | |____________________________________________________________________________| |50 Gray Street, | |House and Garden |L | |____________________________________________________________________________| |67 Gray Street, | |House and Garden |L | |____________________________________________________________________________| |29A Greenacre Road, | |Bowling Club |L | |____________________________________________________________________________| |55 Greenacre Road, |“Whitevale” |House and Garden |L | |____________________________________________________________________________| |18 Halstead Street, |“Glenhurst” |House and Garden |L | |____________________________________________________________________________| |86 Hampton Court | |House and Garden |L | |____________________________________________________________________________| |12 Harris Street, | |House |L | |____________________________________________________________________________| |21 Hastings Road, | |House and Garden |L | |____________________________________________________________________________| |24–26 High Street,|“Falston” |House and Garden |L | |____________________________________________________________________________| |2 Hillcrest Avenue, |“Loch Even” |House and Garden |L | |____________________________________________________________________________| |22 Hillcrest Avenue,| |House and Garden |L | |____________________________________________________________________________| |41 Hillcrest Avenue,|“Aintree” |House and Garden |L | |____________________________________________________________________________| |102 Hillcrest |“Rosslea” |House and Garden |L | |____________________________________________________________________________| |104 Hillcrest | |House and Garden |L | |____________________________________________________________________________| |115 Hillcrest | |House and Garden |L | |____________________________________________________________________________| |129 Hillcrest | |House and Garden |L | |____________________________________________________________________________| |22 Hogben Street, | |House and Garden |L | |____________________________________________________________________________| |29 Hurstville Road, |Quarry Reserve |Reserve and Quarry |L | |____________________________________________________________________________| |1A Kensington | |Church |L | |____________________________________________________________________________| |663 King Georges |“West Maling” | | | |Road, Penshurst. |(Revival Life |House and Garden |R | |____________________________________________________________________________| |789–797 King | | | | |Georges Road, | |Shops |L | |____________________________________________________________________________| |850–856 King | | | | |Georges Road, | |Ex Theatre |L | |____________________________________________________________________________| |141 Lansdowne | | | | |Street, Hurstville | |House and Garden |L | |____________________________________________________________________________| |Laycock Road, | |Street Trees |L | |____________________________________________________________________________| |14B Laycock Road, |Penshurst Reservoirs|Reservoirs and |L | |____________________________________________________________________________| |51 Laycock Road, |“Kintail” |House and Garden |R | |____________________________________________________________________________| |57 Laycock Road, |“Kintail” |Stables |R | |____________________________________________________________________________| |11A Letitia Street, | |Masonic Lodge |L | |____________________________________________________________________________| |56 Letitia Street, | |House and Garden |L | |____________________________________________________________________________| |90–92 Letitia |“Glenbrook” |House and Garden |L | |____________________________________________________________________________| |8 Loch Maree | | | | |Crescent, Connells | |House and Garden |L | |____________________________________________________________________________| |Maher Street, |Hurstville South |Two original school| | |Hurstville South. |Public School |buildings (c 1915 |L | |____________________________________________________________________________| |4 Maher Street, |“Leyholme” |House and Garden |L | |____________________________________________________________________________| |17 Maher Street, | |House and Garden |L | |____________________________________________________________________________| |35 Maher Street, | |House and Garden |L | |____________________________________________________________________________| |4 Marie Dodd |“Braeside | | | |Crescent, |Castle” |House and Garden |R | |____________________________________________________________________________| |12–12a Merriman |Kyle Bay Bowling |Bowling Club |L | |____________________________________________________________________________| |16A Merriman Street,|“Timbercay” |House and Garden |L | |____________________________________________________________________________| |17 Montgomery |Kogarah Courthouse |Courthouse |L | |____________________________________________________________________________| |22 Montgomery |Leah Terrace |Terrace |L | |____________________________________________________________________________| |24 Montgomery |Leah Terrace |Terrace |L | |____________________________________________________________________________| |26 Montgomery |Leah Terrace |Terrace |L | |____________________________________________________________________________| |28 Montgomery |Leah Terrace |Terrace |L | |____________________________________________________________________________| |10 Neilson Avenue, |“Winchester” |House and Garden |L | |____________________________________________________________________________| |16 Neilson Avenue, |“Linden” |House and Garden |L | |____________________________________________________________________________| |Oatley Avenue, |Oatley Memorial |Reserve |L | |____________________________________________________________________________| |Oatley Avenue, |Oatley Memorial |Memorial Clock |L | |____________________________________________________________________________| |Oatley Parade, |Oatley Railway |Railway Station |L | |____________________________________________________________________________| |15 Ocean Street, | |House and Garden |R | |____________________________________________________________________________| |15A Ocean Street, | |House and Garden |R | |____________________________________________________________________________| |17 Ocean Street, | |House and Garden |R | |____________________________________________________________________________| |19 Ocean Street, | |House and Garden |R | |____________________________________________________________________________| |23 Ocean Street, | |House and Garden |R | |____________________________________________________________________________| |25 Ocean Street, | |House and Garden |R | |____________________________________________________________________________| |27 Ocean Street, | |House and Garden |R | |____________________________________________________________________________| |47 Ocean Street, | |House and Garden |R | |____________________________________________________________________________| |72 Pacific Avenue, | |House |L | |____________________________________________________________________________| |4–6 Palmerston |Alice Villa |Terraces |L | |____________________________________________________________________________| | | |Church only | | |34 Park Road, |“St Cuthbert” |excluding Sunday |L | |Carlton | |school hall and | | |____________________________________________________________________________| |40 Park Road, | |House and Garden |L | |____________________________________________________________________________| |33 Park Street, |“The Cobbles” |House and Garden |R | |____________________________________________________________________________| |24 Penshurst Avenue,| |House and Garden |L | |____________________________________________________________________________| |25 Penshurst Avenue,|“Beverley” |House and Garden |L | |____________________________________________________________________________| |1 Phipps Street, |Oatley Point Reserve|Reserve |R | |____________________________________________________________________________| |1 Planthurst Road, | |House and Garden |L | |____________________________________________________________________________| |5 Planthurst Road, | |House and Garden |L | |____________________________________________________________________________| |56 Planthurst Road, | |House and Garden |L | |____________________________________________________________________________| |2–8 Premier | |Terraces |L | |____________________________________________________________________________| |10 Premier Street, | |House and Garden |L | |____________________________________________________________________________| |12–18 Premier | |Terraces |L | |____________________________________________________________________________| |53 Princes Highway, |St Pauls Anglican |Church and Hall |R | |____________________________________________________________________________| |111 Princes Highway,| |Shop and Residence |L | |____________________________________________________________________________| |141 Princes Highway,|Roman Catholic |Church |R | |____________________________________________________________________________| |186 Princes Highway,|“McWilliam |House and Garden |R | |____________________________________________________________________________| |195 Princes Highway,| |House and Garden |R | |____________________________________________________________________________| |247 Princes Highway,| |Former Hotel |S | |____________________________________________________________________________| |249 Princes Highway,|Kogarah Park/ |Reserve, War |R | |____________________________________________________________________________| | | |Original 1881 | | | | |weatherboard | | |294A Princes |Blakehurst Primary |demountable | | |Highway, Carss Park.|School |classrooms and |L | | | |1920–1930 | | | | |Administration and | | |____________________________________________________________________________| |701 Princes Highway,| |House and Garden |L | |____________________________________________________________________________| |Princes Highway, |Georges River (Tom |Bridge |L | |____________________________________________________________________________| |4 Queens Avenue, | |House and Garden |R | |____________________________________________________________________________| |32 Queens Road, | |House and Garden |L | |____________________________________________________________________________| |60 Queens Road, | |House and Garden |L | |____________________________________________________________________________| |1 Railway Parade, |Hogben Park |Reserve |L | |____________________________________________________________________________| |25 Railway Parade, |The H.V. Evatt |Reserve |L | |____________________________________________________________________________| |52 Railway Parade, | |Shop |L | |____________________________________________________________________________| |90 Railway Parade, |Kogarah Community |Kogarah Community | | |Kogarah. |Aid and Information |Aid and Information|R | |____________________________________________________________________________| |92 Railway Parade, | |Shops and Offices |L | |____________________________________________________________________________| |200 Railway Parade, | |Shop |L | |____________________________________________________________________________| |202–204 Railway | |Shop |L | |____________________________________________________________________________| |314 Railway Parade, |Royal Hotel |Hotel |L | |____________________________________________________________________________| |470 Railway Parade, |Allawah Hotel |Hotel |R | |____________________________________________________________________________| |Railway Parade, |Allawah Railway |Railway Station |L | |____________________________________________________________________________| |Railway Parade, |Carlton Railway |Railway Station |L | |____________________________________________________________________________| |70 Ramsgate Road, |“Roma” |Block of Flats |L | |____________________________________________________________________________| |4 Regent Street, | |Shop |L | |____________________________________________________________________________| |7 Regent Street, | |Shop |L | |____________________________________________________________________________| |9 Regent Street, | |Shop |L | |____________________________________________________________________________| |11 Regent Street, | |Shop |L | |____________________________________________________________________________| |13 Regent Street, | |Shop |L | |____________________________________________________________________________| |28 Regent Street, |Kogarah High School |Original 3 Storey |L | |____________________________________________________________________________| |59–61 Rocky Point |“Illawarra” |Semi and Garden |L | |____________________________________________________________________________| |69 Rocky Point Road,| |House and Garden |L | |____________________________________________________________________________| |177 Rocky Point | |House and Garden |L | |____________________________________________________________________________| |181 Rocky Point | |Church |L | |____________________________________________________________________________| |211–217 Rocky | |Group of Shops |L | |____________________________________________________________________________| |219 Rocky Point | |Corner Shop |L | |____________________________________________________________________________| |325–329 Rocky |St Andrew’s Church|Church only |L | |____________________________________________________________________________| |493 Rocky Point |“Blanche |House and Garden |L | |____________________________________________________________________________| |Rocky Point Road, |Sans Souci Public |Original 2 Storey |L | |____________________________________________________________________________| |489 Rocky Point | |Stables at rear |R | |____________________________________________________________________________| |519 Rocky Point |Sans Souci Park |Reserve and Public |R | |____________________________________________________________________________| |92 Rosa Street, | |House |L | |____________________________________________________________________________| |9 Russell Street, | |House and Garden |L | |____________________________________________________________________________| |10 Russell Street, | |House and Garden |R | |____________________________________________________________________________| |139 Stuart Street, | |House and Garden |R | |____________________________________________________________________________| |145 Stuart Street, | |House and Garden |L | |____________________________________________________________________________| |227 Stuart Street, |Bald Face Point |Reserve |R | |____________________________________________________________________________| |35 Taro Street, | |House and Garden |L | |____________________________________________________________________________| |219 Terry Street, | |House and Garden |L | |____________________________________________________________________________| |50 The Boulevarde, |“Kellaton” |House and Garden |L | |____________________________________________________________________________| |The Boulevarde, Sans| |Street Trees |L | |____________________________________________________________________________| |6 The Promenade, | |House and Garden |L | |____________________________________________________________________________| |114 The Promenade, |St. Finbar Roman |Church, School and |L | |____________________________________________________________________________| |133–135 The | | | | |Promenade, Sans | |House and Garden |L | |____________________________________________________________________________| |169 The Promenade, |“Cuzco” |House and Garden |L | |____________________________________________________________________________| |The Promenade, Sans | |Sandstone Retaining|L | |____________________________________________________________________________| |The Strand, |Penshurst Railway |Railway Station |L | |____________________________________________________________________________| |56 Townson Street, | |Ruin on Block |R | |____________________________________________________________________________| |6–8 Victor Street,|“Lindhurst |House and Garden |L | |____________________________________________________________________________| |Victoria Street, |St George Girls High|2 Storey Main |L | |____________________________________________________________________________| |2 Victoria Street, |“Hindmarsh” |House and Garden |L | |____________________________________________________________________________| |8 Victoria Street, | |House and Garden |L | |____________________________________________________________________________| |14–16 Victoria | |House and Garden |L | |____________________________________________________________________________| |17 Vista Street, |“Palmyra” |House |L | |____________________________________________________________________________| |23 Vista Street, |“Ellesmere” |House and Garden |R | |____________________________________________________________________________| |67 Vista Street, |“St Kilda House”|House and Garden |L | |____________________________________________________________________________| |52 Waratah Street, |“Kyle Williams |House and Garden |R | |____________________________________________________________________________| |5 Waterview Street, | |House and Garden |L | |____________________________________________________________________________| |West Crescent, |Moore Reserve |Reserve |L | |____________________________________________________________________________| |124 West Street, | |House and Garden |L | |____________________________________________________________________________| |47 Whitfield Parade,| |House and Garden |L | |____________________________________________________________________________| |65 Woids Avenue, | |House and Garden |L | |____________________________________________________________________________| |67 Woniora Road, | |House and Garden |L | |____________________________________________________________________________| |83–85 Woniora |Woniora Road School |Grounds and Garden |L | |____________________________________________________________________________| |95 Woniora Road, |“Fernleigh” |House and Garden |L | |____________________________________________________________________________| |Wyong Street, |Derwent and Drake | | | |Oatley. |Oyster Farm |Oyster Farm |L | |____________________________________________________________________________| |42 Wyong Street, | |House and Garden |L | |____________________________________________________________________________| |Boundary Road, | |Railway Depot |L | |____________________________________________________________________________| Part 2 - Heritage conservation area ___________________________________________________________________________ |Area bounded by King Georges Road, the| | |rear of properties to the south of | | |Greenbank Street, Woniora Road, the |O’Briens Estate Heritage | |rear of properties east of Neirbo |Conservation Area | |Avenue, the rear of properties to the | | |south of Meakem Street and Woniora | | |___________________________________________________________________________| |Land fronting or part of (or fronting | | |and part of) Ocean Street, Queens | | |Avenue, Bowns Road and High, Park and |Kogarah South Heritage Conservation | |Garden Streets, Kogarah, as shown |Area | |edged heavy black on the map marked | | |“ Kogarah Local Environmental Plan | | |___________________________________________________________________________| |So much of the land in Penshurst as is| | |shown edged heavy black on the map |Penshurst Heritage Conservation Area| |marked “ Kogarah Local Environmental| | |___________________________________________________________________________| KOGARAH LOCAL ENVIRONMENTAL PLAN 1998 - NOTES See also: Statute Law (Miscellaneous Provisions) Bill 2012 KOGARAH LOCAL ENVIRONMENTAL PLAN 1998 - NOTES Historical notes The following abbreviations are used in the Historical notes: ______________________________________________________________________ |______________________________________________________________________| |______________________________________________________________________| |______________________________________________________________________| |______________________________________________________________________| |______________________________________________________________________| |______________________________________________________________________| |______________________________________________________________________| Table of amending instrumentsKogarah Local Environmental Plan 1998 published in Gazette No 143 of 2.10.1998, p 7981 and amended in Gazettes No 25 of 26.2.1999, p 1376, No 53 of 30.4.1999, p 2975, No 56 of 7.5.1999, p 3107, No 59 of 14.5.1999, p 3292, No 79 of 9.7.1999, p 4892, No 88 of 6.8.1999, p 5635 and No 124 of 29.10.1999, p 10372 and as follows: Kogarah Local Environmental Plan 1998 (Amendment No 12) (GG No 15 of 4.2.2000, p 589) Kogarah Local Environmental Plan 1998 (Amendment No 13)—Bed and Breakfast Accommodation (GG No 29 of 25.2.2000, p 1494) Kogarah Local Environmental Plan 1998 (Amendment No 23) (GG No 57 of 8.3.2002, p 1515) Kogarah Local Environmental Plan 1998 (Amendment No 24) (GG No 67 of 28.3.2002, p 2102) Kogarah Local Environmental Plan 1998 (Amendment No 25) (GG No 116 of 12.7.2002, p 5284) Kogarah Local Environmental Plan 1998 (Amendment No 26) (GG No 163 of 4.10.2002, p 8613) Kogarah Local Environmental Plan 1998 (Amendment No 31) (GG No 246 of 6.12.2002, p 10445) Kogarah Local Environmental Plan 1998 (Amendment No 29) (GG No 246 of 6.12.2002, p 10478) Kogarah Local Environmental Plan 1998 (Amendment No 34) (GG No 25 of 24.1.2003, p 497) Kogarah Local Environmental Plan 1998 (Amendment No 21) (GG No 89 of 23.5.2003, p 4878) Kogarah Local Environmental Plan 1998 (Amendment No 35) (GG No 126 of 15.8.2003, p 7953) Kogarah Local Environmental Plan 1998 (Amendment No 30) (GG No 132 of 29.8.2003, p 8978) Statute Law (Miscellaneous Provisions) Act (No 2) 2003 No 82. Assented to 27.11.2003. Date of commencement of Sch 2.14, assent, sec 2 (2). Kogarah Local Environmental Plan 1998 (Amendment No 32) (GG No 198 of 24.12.2003, p 11649) Kogarah Local Environmental Plan 1998 (Amendment No 17)—Acid Sulfate Soils (GG No 8 of 9.1.2004, p 123) Kogarah Local Environmental Plan 1998 (Amendment No 40) (GG No 70 of 8.4.2004, p 1982) Kogarah Local Environmental Plan 1998 (Amendment No 36) (GG No 80 of 7.5.2004, p 2427) (see also erratum published in GG No 82 of 7.5.2004, p 2777) Kogarah Local Environmental Plan 1998 (Amendment No 43) (GG No 131 of 6.8.2004, p 6380) Kogarah Local Environmental Plan 1998 (Amendment No 42) (GG No 187 of 26.11.2004, p 8722) ____________________________________________________________________________ | | |Kogarah Local Environmental Plan 1998 (Amendment No | |2005|(144)|22). GG No 42 of 8.4.2005, p 1289. | | | | | |____________________________________________________________________________| | | |Kogarah Local Environmental Plan 1998 (Amendment No | | |(374)|38). GG No 92 of 22.7.2005, p 3816. | | | | | |____________________________________________________________________________| | | |Kogarah Local Environmental Plan 1998 (Amendment No | |2006|(186)|18). GG No 52 of 13.4.2006, p 2150. | | | | | |____________________________________________________________________________| | | |Kogarah Local Environmental Plan 1998 (Amendment No | | |(187)|44). GG No 52 of 13.4.2006, p 2153. | | | | | |____________________________________________________________________________| | | |Kogarah Local Environmental Plan 1998 (Amendment No | |2007|(151)|46). GG No 45 of 30.3.2007, p 2030. | | | | | |____________________________________________________________________________| | | |Private Health Facilities Act | | |No 9 |2007. Assented to 15.6.2007. | | | | | |____________________________________________________________________________| | | |Kogarah Local Environmental Plan 1998 (Amendment No | | |(648)|45). GG No 185 of 21.12.2007, p 10355. | | | | | |____________________________________________________________________________| | | |Kogarah Local Environmental Plan 1998 (Amendment No | | |(649)|47). GG No 185 of 21.12.2007, p 10359. | | | | | |____________________________________________________________________________| | | |Kogarah Local Environmental Plan 1998 (Amendment No | |2008|(153)|48). GG No 61 of 30.5.2008, p 4066. | | | | | |____________________________________________________________________________| | | |Kogarah Local Environmental Plan 1998 (Amendment No | | |(175)|19). GG No 66 of 6.6.2008, p 4712. | | | | | |____________________________________________________________________________| | | |State Environmental Planning Policy (Repeal of Concurrence and | | |(571)|Referral Provisions) 2008. GG No 157 of 12.12.2008, p 11946. | | | | | |____________________________________________________________________________| | | |Kogarah Local Environmental Plan 1998 (Amendment No | |2011|(581)|49). LW 11.11.2011. | | | | | |____________________________________________________________________________| Table of amendments ____________________________________________________________________________ |____________________________________________________________________________| |Cl 7, table |Am 29.10.1999; 25.2.2000; 8.3.2002; 28.3.2002; 26.11.2004; | |____________________________________________________________________________| |____________________________________________________________________________| |____________________________________________________________________________| |____________________________________________________________________________| |____________________________________________________________________________| |____________________________________________________________________________| |____________________________________________________________________________| |____________________________________________________________________________| |____________________________________________________________________________| |____________________________________________________________________________| |____________________________________________________________________________| |____________________________________________________________________________| |____________________________________________________________________________| |____________________________________________________________________________| |____________________________________________________________________________| |____________________________________________________________________________| |____________________________________________________________________________| |____________________________________________________________________________| |____________________________________________________________________________| | |Am 26.2.1999; 7.5.1999; 14.5.1999; 9.7.1999; 6.8.1999; | | |29.10.1999; 25.2.2000; 8.3.2002; 28.3.2002; 12.7.2002; | | |4.10.2002; 6.12.2002; 24.1.2003; 15.8.2003; 29.8.2003; | |Cl 25 |24.12.2003; 9.1.2004; 8.4.2004; 7.5.2004; 6.8.2004; 2005 | | |(144), Sch 1 [1] [2]; 2006 (186), Sch 1 [2]; 2007 No 9, Sch | | |5.16; 2007 (648), Sch 1 [2]; 2007 (649), Sch 1 [1]; 2008 | |____________________________________________________________________________| |____________________________________________________________________________| |Sch 2 |Am 30.4.1999; 29.8.2003; 2006 (187), cl 4; 2007 (649), Sch 1 | |____________________________________________________________________________| | |Am 4.2.2000; 12.7.2002; 6.12.2002; 23.5.2003; 24.12.2003; | |Sch 3 |7.5.2004; 2005 (144), Sch 1 [3]; 2006 (186), Sch 1 [3]; 2007 | |____________________________________________________________________________|