New South Wales Consolidated Regulations

NORTH SYDNEY LOCAL ENVIRONMENTAL PLAN 1989 - REG 9

9 Development control table

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

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

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

(c) development is prohibited,

are specified as separate items under the headings:

1 Without development consent,

2 Only with development consent, and

3 Prohibited,

respectively, appearing in the matter relating to the zone.

(2) Where the Table to this clause specifies the objectives of a zone or zones, the council shall not consent to development which, in its opinion, is inconsistent with the objectives specified in relation to the zone in which the development is proposed to be carried out.

(3) For the removal of doubt, all development that may be carried out under this plan requires consent before it can be carried out, unless the development is exempt development, or is stated in the table to this clause to be development that may be carried out without development consent.

Table

General objectives of residential zones The general objectives of Zones Nos 2 (a), 2 (b), 2 (c), 2 (d), 2 (e), 2 (f) and 2 (g) are:

(a) to maintain the existing residential areas of the Municipality by retaining residentially zoned land for residential purposes and by restricting the expansion of other uses into residential zones,

(b) to provide additional housing without adversely affecting the amenity of existing residential areas,

(c) to encourage the widest range of residential accommodation for all social and economic groups by encouraging the retention of boarding houses and other low income accommodation and the provision of family accommodation,

(d) to ensure that residential development is carried out in an orderly manner without adversely affecting the scale and character of a locality and to ensure that new housing is compatible with the surrounding existing development,

(e) to ensure that residential development does not isolate sites in residential areas,

(f) to allow for increased residential use of commercially zoned land,

(g) to encourage the efficient use of land for housing by:

(i) increased use of existing structurally sound buildings for residential purposes, and

(ii) permitting infill development where the existing character of an area would otherwise be reduced by demolition and redevelopment, and

(iii) ensuring that there is flexibility in the application of residential planning controls, and

(iv) maintaining the amenity of residential areas by controlling floodlighting and the erection of advertisements in residential areas,

(h) to maintain and enhance the environmental quality of all lands, including foreshore lands,

(i) to make provision for foreshore building lines,

(j) to ensure that residential development is carried out so that new development conforms to the setbacks of existing development,

(k) generally to encourage the amalgamation of development sites where appropriate and in particular to avoid the inefficient use of land and to ensure that existing dwellings on sites too small to be redeveloped are developed in conjunction with adjoining properties,

(l) to ensure that car parking areas in attached dwelling-houses and residential flat buildings are placed below ground,

(m) to encourage retention of neighbourhood shops and local shops in residential areas, and

(n) to allow small lot subdivision in residential areas in order to increase the availability of land for residential use.

Zone No 2 (a) (Residential “A”)

Objectives of zone The particular objectives of this zone are:

(a) to allow for housing only in the form of dwelling houses and housing for aged or disabled persons,

(b) to permit a form of development which is compatible with the scale and character of the existing locality, and

(c) to allow within the zone non-residential uses which are compatible with the character and scale of detached housing.

1 Without development consent Dwelling houses; home occupations.

2 Only with development consent Child care centres; educational establishments; home industries; hospitals; housing for aged or disabled persons; open space; places of assembly; places of public worship; resident medical practices; roads; utility installations, other than gas holders or generating works.

3 Prohibited Any purpose other than a purpose include in item 1 or 2.

Zone No 2 (b) (Residential “B”)

Objectives of zone The particular objectives of this zone are:

(a) to allow for a variety of housing forms including low density detached dwellings, attached dwellings, boarding houses and group homes,

(b) to permit a form of development which is compatible with the scale and character of the existing locality, and

(c) to allow non-residential uses which are compatible with the residential character of the scale of medium density attached housing.

1 Without development consent Dwelling houses; home occupations.

2 Only with development consent Attached dwellings; boarding houses; child care centres; educational establishments; home industries; hospitals; housing for aged or disabled persons; infill development; open space; resident medical practices; places of assembly; places of public worship; utility installations, other than gas holders or generating works.

3 Prohibited Any purpose other than a purpose included in item 1 or 2.

Zone No 2 (c) (Residential “C”)

Objectives of zone The particular objectives of this zone are:

(a) to permit a form of development which is compatible with the scale and character of the existing locality, and

(b) to allow non-residential uses which are compatible with the character and scale of medium density housing.

1 Without development consent Dwelling houses; home occupations.

2 Only with development consent Attached dwellings; boarding houses; child care centres; educational establishments; home industries; hospitals; housing for aged or disabled persons; infill development; open space; places of assembly; places of public worship; resident medical practices; residential flat buildings; roads; utility installations, other than gas holders or generating works.

3 Prohibited Any purpose other than a purpose included in item 1 or 2.

Zone No 2 (d) (Residential/Neighbourhood Shops)

Objectives of zone The particular objectives of this zone are:

(a) to permit a range of residential development within a two storey height limit,

(b) to provide opportunities for the establishment and retention of retail facilities and related services to serve the needs of the surrounding residential areas,

(c) to prohibit development for the purposes of commercial premises in order to encourage the retention of neighbourhood shops, and

(d) to permit a form of development which is compatible with the scale and character of the surrounding residential area.

1 Without development consent Dwelling-houses; home occupations.

2 Only with development consent Advertisements; art and craft galleries; attached dwellings; barbers’ shops and beauty salons; boarding houses; boot and shoe repairing; child care centres; dressmaking; drainage; dwellings; dry cleaning or dyeing agencies; educational establishments; framing; hairdressing salons; home industries; hospitals; infill development; lending libraries; open space; owner-operated travel agency; photographic studios; places of assembly; places of public worship; post offices; professional consulting rooms; real estate agencies; refreshment rooms; residential flat buildings; roads; self-service coin-operated laundries; service stations; shops; tailoring; take-away food shops; Totalizator Agency Board offices; trade or craft workshops; utility installations, other than gas holders or generating works.

3 Prohibited Any purpose other than a purpose included in item 1 or 2.

Zone No 2 (e) (Oyster Cove Gasworks Site (Residential))

Objectives of zone The particular objectives of this zone are:

(a) to encourage the redevelopment of the land to which this plan applies for residential and community purposes,

(b) to ensure those areas of the site known to be contaminated are so treated and rehabilitated that the site becomes safe for residential and community purposes,

(c) to allow development to occur without undue effect on existing residential development, and

(d) to allow non-residential uses which are compatible with the residential character of medium density development comprising attached dwellings.

1 Without development consent Home occupations.

2 Only with development consent Attached dwellings; boarding houses; car parking; child care centres; dwelling-houses; educational establishments; home industries; hospitals; marinas; professional consulting rooms; places of assembly; places of public worship; public buildings; recreation facilities; refreshment rooms; residential flat buildings; serviced apartments; utility installations, other than gas holders or generating works, but including service tunnels.

3 Prohibited Any purpose other than a purpose include in item 1 or 2.

Zone No 2 (f) (McMahons Point (Residential/Light Industrial))

Objectives of zone The particular objectives of this Zone are:

(a) to permit a range of residential development within a 2 storey height limit,

(b) to permit light industrial uses which do not interfere with residential amenity,

(c) to permit a form of development which is compatible with the scale and character of the surrounding residential area,

(d) to prohibit development for the purposes of commercial premises and shops in order to encourage residential development and to allow for light industrial uses, and

(e) to allow a dwelling to be used in conjunction with a light industrial use.

1 Without development consent Dwelling-houses; home occupations.

2 Only with development consent Advertisements; attached dwellings; boarding houses; child care centres; dwellings in conjunction with light industries; educational establishments; home industries; hospitals; housing for aged or disabled persons; infill development; light industries; open space; places of assembly; places of public worship; recreational facilities; resident medical practices; roads; utility installations other than gasholders or generating works.

3 Prohibited Any purpose other than a purpose included in item 1 or 2.

Zone No 2 (g) (Cremorne Point Residential)

Objectives of zone The particular objectives of this zone are:

(a) to maintain the character and the heritage significance of Cremorne Point and prevent this from being gradually eroded by unsympathetic development,

(b) to ensure that the features of new development-such as height, bulk, subdivision pattern, building footprint and orientation, and landscaping-are similar to those of characteristic development and fit into the existing streetscape,

(c) to prevent any detrimental effect of development on the residential amenity of Cremorne Point and on the amenity of Cremorne Reserve in terms of shadows, privacy and views,

(d) to provide for development which relates well to the existing characteristic building form, characteristic subdivision pattern, and characteristic landscaping, and

(e) to maintain the diversity of building heights and scale characteristic of Cremorne Point.

1 Without development consent Home occupations.

2 Only with development consent Attached dwellings; boarding-houses; child care centres; dwelling-houses; home industries; housing for aged or disabled persons; open space; resident medical practices; residential flat buildings; roads; utility installations, other than gasholders or generating works.

3 Prohibited Any purpose other than a purpose included in item 1 or 2.

Zone No 3 (a) (Commercial “A”)

Objectives of zone The particular objectives of this zone are:

(a) to maintain the role of the Central Business District of North Sydney as the focus of commercial development within the Municipality, and as an integral part of the dominant Regional Centre in the Sydney Region by maintaining the floor space ratios contained in previous environmental planning instruments,

(b) to allow for a diverse range of retail activities and entertainment opportunities within the commercial zones,

(c) to prevent any expansion of commercial zones at the expense of residential zones,

(d) to encourage residential development on land within the zone especially in North Sydney and St Leonards,

(e) to improve, by civic design and landscape proposals, the amenity of commercial areas in the Municipality,

(f) to limit commercial and retail gross floor area by means of specific controls, having regard to the traffic and car parking capacity of the road system especially within the commercial areas,

(g) to ensure by the formulation of appropriate controls that any development carried out within this zone on land adjoining or adjacent to residential areas has no adverse environmental effects on those residential areas,

(h) to minimise the traffic impact of commercial or retail development on adjacent residential areas, and

(i) to encourage vehicular access for commercial development away from major arterial roads.

1 Without development consent Home occupations.

2 Only with development consent Adult services; advertisements; airline terminals; attached dwellings; backpackers’ accommodation; boarding houses; brothels; bus stations; car parking; car repair stations; child care centres; clubs; commercial premises; drainage; dwellings; educational establishments; hotels; housing for aged or disabled persons; light industry not exceeding 100 sq metres use; motels; open space; places of assembly; places of public worship; professional consulting rooms; public buildings; public utility undertakings; recreational facilities; refreshment rooms; residential flat buildings; roads; service stations; serviced apartments; shops; showrooms; take-away food shops; taverns; transport terminals; trade or craft workshops; utility installations, other than gas holders or generating works; warehouses.

3 Prohibited Any purpose other than a purpose included in item 1 or 2.

Zone No 4 (a) (Waterfront Industrial)

Objectives of zone The particular objectives of this zone are:

(a) to permit a wide variety of development related to and including waterfront industrial purposes,

(b) to prohibit commercial premises, heavy industry and residential uses in waterfront industrial zones, and

(c) to permit a form and scale of development which will reduce the adverse environmental effects of industrial development on adjacent residential and recreational areas.

1 Without development consent Nil.

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

3 Prohibited Adult services; attached dwellings; boarding houses; brothels; car parking; car repair stations; caravan parks; commercial premises; dwelling-houses; educational establishments; extractive industries; heavy industry; home industry; hospitals; hotels; industries not directly related to maritime industry; institutions; junk yards; mines; motels; offensive or hazardous industries other than those for which the proposed site and layout of buildings is such as to render the industry inoffensive or non-hazardous to adjoining development and for which adequate facilities are available for the treatment and disposal of trade waste; places of public worship; refreshment rooms; residential flat buildings; serviced apartments; shops other than a ship’s chandlery having an area less than 25 sq metres; showrooms; taverns; utility installations, other than gas holders or generating works; warehouses.

Zone No 4 (b) (Light Industrial)

Objectives of zone The particular objectives of this zone are:

(a) to permit industrial uses with minor ancillary retail uses,

(b) to allow for residential use of land zoned light industrial,

(c) to prohibit commercial office space (other than ancillary space) and heavy industries, and

(d) to permit a form and scale of development which will reduce any possible adverse environmental effects of industrial development on adjacent residential areas.

1 Without development consent Home occupations.

2 Only with development consent Advertisements; attached dwellings; builders’ yards; bulk stores; car repair stations; child care centres; dwelling-houses; film and photographic studios; light industries; newsagencies; open space; places of public worship; printing (jobbing); public buildings; roads; refreshment rooms; residential flat buildings; shops ancillary to the predominant use of the land; service stations; showrooms; spray painting and panel beating; take-away food shops; trade or craft workshops; undertakers’ establishments; utility installations, other than gas holders or generating works; veterinary surgeons’ establishments; warehouses.

3 Prohibited Any purpose other than a purpose included in item 1 or 2; car parking; heavy industry; home industries.

Special Use Zones

Objectives of zones The general objectives of Zones Nos 5 (a), 5 (b), and 5 (c) are:

(a) to identify and rezone as special use zones such parts of residential zones as are used for hospitals, churches, educational establishments, government purposes and clubs, and

(b) to otherwise prevent the expansion of special use zones into adjoining residential areas.

Zone No 5 (a) (Special Uses “A”)

1 Without development consent Dwelling-houses.

2 Only with development consent The particular purpose indicated by red lettering on the map; any purpose ordinarily incidental or subsidiary to the purpose indicated on the map; attached dwellings; boarding houses; child care centres; drainage; infill development; recreation areas; residential flat buildings; roads; utility installations, other than generating works or gas holders.

3 Prohibited Any purpose other than a purpose included in Item 1 or 2.

Zone No 5 (b) (Special Uses “B” (Railways))

1 Without development consent Dwelling-houses.

2 Only with development consent Attached dwellings; boarding houses; child care centres; community facilities; drainage; dwellings; infill development; open space; public buildings; railway purposes (including any development authorised by or under the Government Railways Act 1912 ); recreation areas; residential flat buildings; utility installations, other than generating works or gas holders.

3 Prohibited Any purpose other than a purpose included in Item 1 or 2.

Zone No 5 (c) (Special Uses “C” (Roads))

1 Without development consent Roads.

2 Only with development consent Advertisements; any purpose ordinarily incidental or subsidiary to a road; drainage; open space; utility installations, other than gas holders or generating works.

3 Prohibited Any purpose other than a purpose included in item 1 or 2.

Zone No 5 (d) (Special Uses “D” (Public Recreation, Amusement and Entertainment))

Objectives of zone The particular objectives of this zone are to ensure that development reflects and continues Luna Park’s place in the social history of Sydney and to allow for development for the purposes of public recreation, amusement and entertainment:

1 Without development consent Nil.

2 Only with development consent The particular purposes indicated by red lettering on the map; amusements; any purpose ordinarily incidental or subsidiary to the purpose indicated on the map; places of assembly; recreation areas; recreation facilities; refreshment rooms; take-away food shops; taverns; works (other than buildings) for the purposes of landscaping or gardening.

3 Prohibited Any purpose other than a purpose included in item 1 or 2.

General objectives for certain open space zones The general objectives of Zones Nos 6 (a), 6 (b), 6 (c) and 6 (d) are:

(a) to maintain and enhance an integrated system of open space areas within North Sydney Council’s area,

(b) to allow for a diversity of recreational, leisure and cultural opportunities based on identified needs of the community,

(c) to preserve identified examples of the natural and cultural landscape character of the Council’s area,

(d) to provide for developed recreational needs where appropriate, and

(e) to preserve and protect areas of natural, cultural, historical, scientific, educational, archaeological, geological, recreational, scenic and visual value within open space zones in accordance with plans of management adopted by the Council under the Local Government Act 1993 .

Zone No 6 (a) (Public Recreation “A” (Existing))

Objectives of zone The particular objectives of this zone are:

(a) to allow for a range of open space areas which meet the needs of the North Sydney population for both formal and informal recreation, and

(b) to ensure sufficient public recreation areas are available for the benefit and use of residents and visitors to North Sydney Council’s area, and

(c) to allow for the enhancement and management of both formal and informal recreation areas in accordance with plans of management adopted by the Council under the Local Government Act 1993 .

1 Without development consent Works (other than buildings) for the purposes of bushfire hazard reduction, drainage, horticulture, installation of park furniture, landscaping, park maintenance, pedestrian paths, replacement of play equipment and walking tracks.

2 Only with development consent Buildings for the purposes of horticulture, landscaping, park maintenance and related vehicular access; recreation areas; refreshment rooms; utility installations other than gasholders or generating works.

3 Prohibited Any purpose other than a purpose included in Item 1 or 2.

Zone No 6 (b) (Private Recreation “B”)

Objectives of zone The particular objectives of this zone are:

(a) to identify privately owned recreation and leisure areas within the Council’s area, and

(b) to enable development and enhancement of private recreation areas by bodies of persons associated for the purposes of the physical, cultural and intellectual welfare of the community.

1 Without development consent Works (other than buildings) for the purposes of bushfire hazard reduction, drainage, horticulture, landscaping or park maintenance.

2 Only with development consent Buildings for the purposes of horticulture, landscaping, park maintenance and related vehicular access; clubs; recreation areas; recreation facilities; utility installations other than gasholders or generating works.

3 Prohibited Any purpose other than a purpose included in Item 1 or 2.

Zone No 6 (c) (Recreation (Special Purposes) “C”)

Objectives of zone The particular objectives of this zone are:

(a) to identify existing publicly owned elements of importance for community use, including significant buildings and their parkland settings, and

(b) to ensure continued public access to land and buildings within the zone, and

(c) to allow for the enhancement and management of both formal and informal recreation areas in accordance with plans of management adopted by the Council under the Local Government Act 1993 .

1 Without development consent Works (other than buildings) for the purposes of drainage, horticulture, installation of park furniture, landscaping, park maintenance and replacement of outdoor play equipment.

2 Only with development consent Advertisements; buildings for the purposes of horticulture, landscape construction and related vehicular access; child care centres; clubs; community facilities; educational establishments; park maintenance; public buildings; recreation areas; recreation facilities; refreshment rooms; tourist facilities; utility installations other than gasholders or generating works.

3 Prohibited Any purpose other than a purpose included in Item 1 or 2.

Zone No 6 (d) (Bushland)

Objectives of zone The particular objectives of this zone are:

(a) to protect and preserve urban bushland so as to provide representation of the natural state and to enable existing animal and plant communities to survive in the long term, and

(b) where appropriate, to allow for low impact recreational opportunities which will protect the values of urban bushland, and

(c) to protect and preserve urban bushland for its natural, cultural, historical, scientific, educational, archaeological, geological, recreational, scenic and visual values in accordance with the Bushland Plan of Management adopted by the Council under the Local Government Act 1993 .

1 Without development consent Works (other than buildings) for the purposes of bushfire hazard reduction, bushland regeneration, drainage, installation of park furniture, interpretive signs, landscaping and walking tracks.

2 Only with development consent Buildings for the purposes of bushland management, bushland regeneration, landscaping and visitor facilities.

3 Prohibited Any purpose other than a purpose included in item 1 or 2.

Zone No 6 (e) (Oyster Cove Gas Works Site (Open Space))

Objectives of zone The particular objectives of this zone are:

(a) to encourage the redevelopment of the land to which this plan applies for open space purposes,

(b) to ensure that those areas of the site known to be contaminated are so treated and rehabilitated that the site becomes safe for open space purposes, and

(c) to allow development to occur without undue effect on existing residential development.

1 Without development consent Nil.

2 Only with development consent Marinas; recreation areas; recreation facilities; refreshment rooms; roads; utility installations other than gas holders and generating works.

3 Prohibited Any purpose other than a purpose include in Item 2.

Objectives of reservations The general objectives of Zones Nos 9 (a), 9 (b), 9 (c) and 9 (d) are:

(a) to increase the provision and improve the quality of open space throughout the Municipality and to permit those activities which would enhance the public recreational value of that open space,

(b) to improve access to the foreshores of the Municipality by acquisition or by gaining rights of public access over foreshore land,

(c) to prevent the alienation of public land for private purposes and, as a long term objective, to regain alienated land,

(d) to acquire land reserved for open space either as a condition of development approval or by purchase,

(e) to prohibit further use of open space land for sporting purposes, including the construction of buildings, parking areas or roads, other than roads serving the primary use of the land for general recreation purposes, and

(f) to preserve all existing bushland in its native state and to encourage the elimination of exotic flora in open space where such flora is inimical to the best use or preservation of that open space.

Zone No 9 (a) (Local Open Space Reservation)

1 Without development consent Works (other than buildings) for the purposes of landscaping, gardening or bushfire hazard control.

2 Only with development consent Buildings for the purposes of landscaping, gardening or bushfire hazard reduction and vehicular control thereto; recreation areas; utility installations, other than gas holders and generating works.

3 Prohibited Any purpose other than a purpose included in item 1 or 2.

Zone No 9 (b) (Regional Open Space Reservation)

1 Without development consent Works (other than buildings) for the purposes of landscaping, gardening or bushfire hazard control.

2 Only with development consent Buildings for the purposes of landscaping, gardening or bushfire hazard reduction and vehicular access thereto; recreation areas.

3 Prohibited Any purpose other than a purpose included in item 1 or 2.

Zone No 9 (c) (Local Road Widening Reservation)

1 Without development consent Road widening; roads.

2 Only with development consent Drainage; utility installations, other than gas holders and generating works.

3 Prohibited Any purpose other than a purpose included in item 1 or 2.

Zone No 9 (d) (County Road Widening Reservation)

1 Without development consent Widening of existing county roads.

2 Only with development consent Drainage; utility installations, other than gas holders and generating works.

3 Prohibited Any purpose other than a purpose included in item 1 or 2.