New South Wales Consolidated Regulations

MANLY LOCAL ENVIRONMENTAL PLAN 1988 - REG 10

10 Zone objectives and development control table

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

(2) Except as otherwise provided by this plan, in relation to land within a zone specified in the Table to this clause, the purposes (if any) for which:

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

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

(c) development is prohibited,

are specified under the headings “Without development consent”, “Only with development consent” and “Prohibited”, respectively, appearing in the matter relating to the zone.

(3) 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.

Table

Zone No 2 Residential Zone

1 Objectives of zone The objectives are:

(a) to set aside land to be used for the purposes of housing and associated facilities,

(b) to delineate, by means of development control in the supporting material, the nature and intended future of the residential areas within the Municipality,

(c) to allow a variety of housing types while maintaining the existing character of residential areas throughout the Municipality,

(d) to ensure that building form, including alterations and additions, does not degrade the amenity of surrounding residents or the existing quality of the environment,

(e) to improve the quality of the residential areas by encouraging landscaping and permitting greater flexibility of design in both new development and renovations,

(f) to allow development for purposes other than housing within the zone only if it is compatible with the character and amenity of the locality,

(g) to ensure full and efficient use of existing social and physical infrastructure and the future provisions of services and facilities to meet any increased demand,

(h) to encourage the revitalisation of residential areas by rehabilitation and suitable redevelopment, and

(i) to encourage the provision and retention of tourist accommodation that enhances the role of Manly as an international tourist destination, and particularly in relation to the land to which Manly Local Environmental Plan 1988 (Amendment No 57) applies.

2 Without development consent Bed and breakfast accommodation; home occupations.

3 Only with development consent Any purpose other than a purpose included in item 2 or 4.

4 Prohibited Advertising structures; amusement centres; bulk stores; car repair stations; backpacker accommodation, clubs, hotels, motels, refreshment rooms, service stations and tourist facilities (other than backpacker accommodation, clubs, hotels, motels, refreshment rooms, service stations and tourist facilities in the Tourist Area); commercial premises; gas holders; generating works; heliports; industries other than home industries; institutions; junk yards; liquid fuel depots; mines; motor show rooms; public buildings; restricted premises; retail plant nurseries; roadside stalls; sawmills; service stations; shops other than small shops; transport terminals; warehouses.

Zone No 3 Business Zone

1 Objectives of zone The objectives are:

(a) to provide for and encourage the development and expansion of business activities which will contribute to the economic growth and employment opportunities within the Municipality,

(b) to accommodate retail, commercial and professional services in established locations in the residential neighbourhoods where such development is compatible with the amenity of the surrounding areas,

(c) to ensure there is adequate provision for car parking in future development in the business areas, and

(d) to minimise conflicts between pedestrians and vehicular movement systems within the business areas.

2 Without development consent Bed and breakfast accommodation; home occupations.

3 Only with development consent Any purpose other than a purpose included in item 2 or 4.

4 Prohibited Bulk stores; bus depots; car repair stations; dwelling-houses; fuel depots; gas holders; generating works; heliports; purposes specified in Schedule 3; junk yards; liquid fuel depots; mines; road transport terminals; roadside stalls; sawmills; warehouses.

Zone No 4 Industrial Zone

1 Objectives of zone The objectives are:

(a) to provide for suitable industrial activities in order to increase local employment opportunities,

(b) to minimise negative visual impact of development by limiting the size and scale of buildings and having regard to suitable landscaping, and

(c) to encourage the provision of industrial activities by permitting specific office and subsidiary activities in association with the primary industrial use.

2 Without development consent Nil.

3 Only with development consent Refreshment rooms; retail outlets for bulky goods; any purpose other than a purpose included in item 4.

4 Prohibited Backpacker accommodation; commercial premises other than recreational facilities and those commercial premises listed in Schedule 2; educational establishments; gas holders; generating works; heliports; institutions; junk yards; liquid fuel depots; mines; purposes listed in Schedule 3; residential uses other than ancillary residences above ground floor level used in conjunction with any permissible industry; restricted premises; retail plant nurseries; roadside stalls; shops other than those shops listed in Schedule 2.

Zone No 5 Special Uses Zone

1 Objectives of zone The objective of this zone is to identify and set aside land required for essential services to the public or the community which:

(a) in the case of land shown unhatched on the map, is now owned or used for public or community purposes, or

(b) in the case of land shown hatched on the map, will be acquired by a public authority for the particular public or community purpose shown on the map.

2 Without development consent Nil.

3 Only with development consent The particular purpose indicated by red lettering on the map; child care centres and other child care facilities; drainage; educational establishments; landscaping; roads; telecommunications facilities; utility installations other than generating works or gas holders.

4 Prohibited Any purpose other than those included in item 3.

Zone No 5 (h) Special Uses (Hospital) Zone

1 Objectives of zone The objective of this zone is to permit land within the zone to be used for the purpose of a hospital, subject to:

(a) minimising loss of views to and from, and within, the St Patrick’s College Estate, and

(b) minimising intrusion in the heritage landscape and visual curtilage of Moran House.

2 Without development consent Nil.

3 Only with development consent Drainage; hospitals; landscaping; telecommunications facilities; utility installations other than generating works or gas holders.

4 Prohibited Any purpose other than those included in item 3.

Zone No 5 (s) Special Uses (Seminary-Heritage) Zone

1 Objectives of zone The objectives are:

(a) to permit development that is compatible with the preservation, restoration and maintenance of items of the environmental heritage,

(b) to allow extensions and additions to the principal heritage buildings within the zone,

(c) to protect vistas to and from those principal heritage buildings,

(d) to permit development ancillary to the principal use within the zone,

(e) to preserve and protect the grounds of St Patrick’s Estate, consistent with the pre-eminence of the principal heritage buildings when viewed from within the site, and from surrounding areas and vantage points,

(f) to conserve and enhance the indigenous wildlife habitat within the Estate,

(g) to conserve the landscape, as well as the natural drainage system,

(h) to enhance and restore significant elements of heritage landscape,

(i) to preserve and protect the landscape as habitat for the long nosed bandicoot.

2 Without development consent Nil.

3 Only with development consent

(a) Child care centres; churches, church purposes; drainage works and facilities; educational establishments; roads; seminaries; utility installations other than generating works or gas holders.

(b) Drainage works and facilities, landscaping, roads and swimming pools (all of which are ancillary to the principal use of Moran house, the Cerretti Chapel or St Therese’s Convent); drainage works and facilities to service development within Precincts 1, 3, 12 and 13 identified on Sheet 1 of that map; landscaping required for the provision of pedestrian access or bandicoot habitat (or both); roads associated with development in Precincts 1 and 13 identified on Sheet 1 of that map; tennis courts; utility installations other than generating works or gas holders.

(c) Drainage works and facilities, landscaping, roads and swimming pools (all of which are ancillary to the principal use of Moran house, the Cerretti Chapel or St Therese’s Convent); drainage works and facilities to service development within Precincts 1, 3, and 12 identified on Sheet 1 of that map; landscaping required for the provision of pedestrian access or bandicoot habitat (or both); tennis courts; utility installations other than generating works or gas holders.

4 Prohibited Any purpose other than those included in item 3.

Zone No 6 Open Space Zone

1 Objectives of zone The objectives are:

(a) to ensure there is provision of adequate open space areas to meet the needs of all residents and provide opportunities to enhance the total environmental quality of the Municipality,

(b) to encourage a diversity of recreation activities suitable for youths and adults,

(c) to identify, protect and conserve land which is environmentally sensitive, visually exposed to the waters of Middle Harbour, North Harbour and the Pacific Ocean and of natural or aesthetic significance at the water’s edge,

(d) to facilitate access to open areas, particularly along the foreshore, to achieve desired environmental, social and recreation benefits,

(e) to conserve the landscape, particularly at the foreshore and visually exposed locations, while allowing recreational use of those areas, and

(f) to identify areas which:

(i) in the case of areas shown unhatched on the map are now used for open space purposes, and

(ii) in the case of land shown hatched on the map are proposed for open space purposes.

2 Without development consent Works for the purpose of landscaping, gardening or bush fire hazard reduction.

3 Only with development consent Agriculture; boating facilities; car parking ancillary to a use permitted in this item; child care centres; drainage; forestry; golf courses; marinas; parks; public baths; public dressing pavilions, racecourses; recreation areas; refreshment rooms; roads; sports clubs; sports grounds; surf life saving clubs, telecommunications facilities; tennis courts; utility installations other than gas holders or generating works or both.

4 Prohibited Any purpose other than a purpose included in items 2 or 3.

Zone No 8 National Park Zone

1 Objectives of zone The objectives of the zone are:

(a) to conserve areas of natural, ecological, scenic, educational, scientific, cultural or historic importance while permitting compatible development, and

(b) to identify areas which:

(i) in the case of areas shown unhatched on the map, are now used for national park purposes, or

(ii) in the case of land shown hatched on the map, are proposed for national park purposes.

2 Without development consent Any purpose authorised by the National Parks and Wildlife Act 1974 .

3 Only with development consent Nil.

4 Prohibited Any purpose other than those included in item 2.