New South Wales Consolidated Regulations

WOOLLAHRA LOCAL ENVIRONMENTAL PLAN 1995 - REG 8

8 Development control tables

(1) The following development control tables set out the zones applying to the land to which this plan applies.

(2) Each development control table identifies the manner in which a zone is shown on the land use map, describes the zone, states the objectives of the zone, identifies development which may be carried out without or only with the consent of the Council, identifies development which is prohibited and makes reference to related provisions.

(3) Land is within a zone described in a development control table if it is shown on the land use map in the manner specified under the heading “Zone identification on the land use map” for that table.

(4) The development control table for each zone must be read subject to the special provisions and heritage provisions in Parts 3 and 4 of this plan, respectively. In the event of an inconsistency between a provision of a development control table relating to a zone and a special provision or a heritage provision in Part 3 and 4 of this plan, the special provision or heritage provision shall prevail.

(5) 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 such objectives of this plan and of the zone within which the development is proposed to be carried out as apply to that development.

Development control table-Zone No 2 (a)-(Residential “A” Zone)

1 Zone identification on the land use map Coloured light scarlet.

2 Description of the zone The Residential “A” Zone is characterised by dwelling-houses and is the largest zone within the Council’s area, applying to suburbs from Watsons Bay to Paddington and covering large sections of the foreshore and conservation areas. Pockets of medium density housing, individual apartment buildings and occasional shops and commercial buildings are scattered throughout the zone, reflecting the historical development of the Council’s area. A diversity of residential allotment sizes is provided.

3 Objectives of the zone The objectives are:

(a) to maintain the amenity and existing characteristics of areas predominantly characterised by dwelling-houses,

(b) to allow certain non-residential development of low intensity which is compatible with the residential character and amenity of the locality,

(c) to improve access to and along the Sydney Harbour foreshore where opportunities arise, and

(d) to protect the environmental attributes of the coastal and foreshore lands.

4 Development which may be carried out without development consent Development for the purpose of:

Drainage; home occupations carried on in dwelling-houses; roads.

5 Development which may be carried out only with development consent Development for the purpose of:

Bed and breakfast accommodation; child care centres; dwelling-houses; home occupations carried on in residential flat buildings; hospitals; parks and gardens; utility installations (other than gas holders or generating works); works to enable public pedestrian access to and along Sydney Harbour foreshore.

6 Development which is prohibited Any development other than development included in Item 4 or 5.

7 Related provisions Parts 3 and 4 of, and Schedules 2 and 3 to, this plan must be read in conjunction with this development control table as they also affect the nature of development which can be carried out.

Development control table-Zone No 2 (b)-(Residential “B” Zone)

1 Zone identification on the land use map Coloured scarlet, edged red and lettered “2 (b)”.

2 Description of the zone The Residential “B” Zone applies to areas characterised by existing medium density residential flat buildings and areas where potential has been identified for increased medium density residential development. Floor space and height controls, contained in Part 3, set the maximum permissible density and building heights for new development. Site area and frontage controls, also contained in Part 3, specify minimum site requirements for new development.

3 Objectives of the zone The objectives are:

(a) to provide for areas of medium and high density residential development in appropriate locations,

(b) to encourage a diversity of dwelling types and tenure,

(c) to allow non-residential development of low intensity which is compatible with the residential character and amenity of the locality,

(d) to improve access to and along the Sydney Harbour foreshore where opportunities arise, and

(e) to protect the environmental attributes of the foreshore lands.

4 Development which may be carried out without development consent Development for the purpose of:

Drainage; home occupations carried on in dwelling-houses; roads.

5 Development which may be carried out only with development consent Development for the purpose of:

Bed and breakfast accommodation; boarding houses; child care centres; dwelling-houses; home industries; home occupations carried on in residential flat buildings; hospitals; parks and gardens; medical consulting rooms; residential flat buildings; utility installations (other than gas holders or generating works); works to enable public pedestrian access to and along Sydney Harbour foreshore.

6 Development which is prohibited Any development other than development included in Item 4 or 5.

7 Related provisions Parts 3 and 4 of, and Schedules 2 and 3 to, this plan must be read in conjunction with this development control table as they also affect the nature of development which can be carried out.

Development control table-Zone No 3 (a)-(General Business “A” Zone)

1 Zone identification on the land use map Coloured light blue.

2 Description of the zone The General Business “A” Zone is a broad commercial zone allowing a diversity of commercial and retail uses. As an urban consolidation initiative and to add vitality to commercial centres, dwellings attached to commercial and retail buildings (referred to in this plan as mixed development) are also permissible. This zone applies largely within the main business centres of Double Bay, Edgecliff and Rose Bay.

3 Objectives of the zone The objectives are:

(a) to define the main commercial areas within the Council’s area which provide for a wide range of retail and commercial uses, ancillary light industrial uses, entertainment, social and recreational uses, tourist accommodation and residential development mixed with non-residential uses,

(b) to encourage employment generating uses in accessible localities,

(c) to allow for residential development in the form of mixed development so as to encourage urban consolidation and promote the vitality of business centres, and

(d) to control the physical and functional characteristics of business centres in order to minimise their impact on neighbouring residential lands.

4 Development which may be carried out without development consent Development for the purposes of:

Drainage; roads.

5 Development which may be carried out only with development consent Any development other than development included in Item 4 or 6.

6 Development which is prohibited Development for the purposes of:

Amusement centres; amusement parks; backpackers’ hostels; boarding houses (other than mixed developments); bulk stores; bus depots; car repair stations (other than those forming part of, and used in conjunction with, a service station); dwelling-houses; gas holders; generating works; helipads; heliports; industries (other than light industries or those ancillary or complementary to development not otherwise prohibited in the zone); institutions; junk yards; liquid fuel depots; panel beating and spray painting; residential flat buildings (other than mixed developments); road transport terminals; service stations in a business zone at Edgecliff; warehouses.

7 Related provisions Parts 3 and 4 of, and Schedules 2 and 3 to, this plan must be read in conjunction with this development control table as they also affect the nature of development which can be carried out.

Development control table-Zone No 3 (b)-(Special Business “B” Zone)

1 Zone identification on the land use map Coloured light blue and lettered “3 (b)”.

2 Description of the zone The Special Business “B” Zone is a secondary commercial zone applying to a large area of the Edgecliff Commercial Centre and small sections of the Double Bay Commercial Centre. The scale of new development which may be achieved in this zone under floor space controls is less than that which may occur in the General Business “A” Zone. A broad range of uses is permissible including dwellings attached to commercial and retail buildings (an urban consolidation initiative).

3 Objectives of the zone The objectives are:

(a) to establish a commercial zone allowing a mix of commercial, residential and tourist accommodation purposes,

(b) to prohibit all retail and high service generating uses which result in traffic, parking and vehicle access constraints, and

(c) to allow residential development both independently of and mixed with non-residential development in order to promote urban consolidation.

4 Development which may be carried out without development consent Development for the purpose of:

Drainage; roads.

5 Development which may be carried out only with development consent Any development other than development included in Item 4 or 6.

6 Development which is prohibited Development for the purpose of:

Amusement centres; amusement parks; bulk stores; car repair stations (other than those forming part of, and used in conjunction with, a service station); dwelling-houses (other than those in a heritage conservation area); gas holders; generating works; helipads; heliports; industries; institutions; junk yards; liquid fuel depots; motor showrooms; panel beating and spray painting; restaurants; transport terminals; shops; warehouses.

7 Related provisions Parts 3 and 4 of, and Schedules 2 and 3 to, this plan must be read in conjunction with this development control table as they also affect the nature of development which can be carried out.

Development control table-Zone No 3 (b1)-(Restricted Special Business “B1” Zone)

1 Zone identification on the land use map Coloured medium blue with dark red edging and lettered “3 (b1)”.

2 Description of the zone The Restricted Special Business “B1” Zone applies to a small area of Watsons Bay and accommodates mainly entertainment-type uses. The scale and intensity of existing development are regulated through floor space and height controls.

3 Objectives of the zone The objectives are:

(a) to provide a zone which caters for a limited range of development for particular sites in Watsons Bay, reflecting, in part, long established uses,

(b) to control the scale and intensity of development in order to minimise the impact on neighbouring residential lands,

(c) to maintain existing public access to and along Sydney Harbour foreshore, and

(d) to protect the environmental attributes of the foreshore lands.

4 Development which may be carried out without development consent Development for the purpose of:

Drainage; roads.

5 Development which may be carried out only with development consent Development for the purpose of:

Car parking stations; dwelling-houses; hotels; restaurants; utility installations (other than gas holders or generating works).

6 Development which is prohibited Any development other than development included in Item 4 or 5.

7 Related provisions Parts 3 and 4 of, and Schedules 2 and 3 to, this plan must be read in conjunction with this development control table as they also affect the nature of development which can be carried out.

Development control table-Zone No 3 (c)-(Neighbourhood Business “C” Zone)

1 Zone identification on the land use map Coloured medium blue and lettered “3 (c)”.

2 Description of the zone The Neighbourhood Business “C” Zone occurs in most suburbs of the Council’s area. It applies to small groups of shops and commercial premises as well as some of the main road strip shopping centres. Dwellings attached to shops and commercial buildings are allowed as a means of promoting urban consolidation. The neighbourhood centres offer a diversity of uses. Scale and intensity of development is controlled by floor space and height provisions in order to protect surrounding residential areas.

3 Objectives of the zone The objectives are:

(a) to establish a neighbourhood shopping centre zone which allows a less intensive form of development than occurs in the main commercial centres and which does not prejudice the viability of those main centres,

(b) to provide for development of a scale and type compatible with the amenity of the surrounding residential area, and

(c) to allow for residential development mixed with non-residential purposes in order to promote urban consolidation.

4 Development which may be carried out without development consent Development for the purpose of:

Drainage; roads.

5 Development which may be carried out only with development consent Any development other than development included in Item 4 or 6.

6 Development which is prohibited Development for the purpose of:

Amusement centres; amusement parks; backpackers’ accommodation; bulk stores; car repair stations (other than those forming part of, and used in conjunction with, a service station); clubs (other than clubs on land known as Nos 2, 4, 6, 8, 10 Elizabeth Street, Paddington, Nos 338 to 410 Oxford Street, Paddington, Nos 1A, 3A, 3B, 5, 7, 52 Victoria Street, Paddington, Nos 220, 222-226, 228, 205-241 Glenmore Road, Paddington, Nos 6-14 Goodhope Street, Paddington, Nos 2A, 2-8 Heeley Street, Paddington); dwelling houses; gas holders; generating works; helipads; heliports; hotels; industries (other than light industries or those ancillary or complementary to development not otherwise prohibited in the zone); institutions; junk yards; liquid fuel depots; motels; motor showrooms; panel beating and spray painting; recreation areas (other than parks and gardens); residential flat buildings (other than mixed developments); serviced apartments (other than as part of a mixed development); transport terminals; warehouses.

7 Related provisions Parts 3 and 4 of, and Schedules 2 and 3 to, this plan must be read in conjunction with this development control table as they also affect the nature of development which can be carried out.

Development control table-Zone No 5-(Special Use Zone)

1 Zone identification on the land use map Coloured yellow, with red lettering and with or without broken red line edging.

2 Description of the zone The Special Use Zone applies to land used or reserved for government and community facilities. These include railways, roads, defence installations, water, sewer and drainage works, hospitals, schools, churches, police stations and lighthouses.

3 Objectives of the zone The objectives are:

(a) to identify land:

(i) which is used for particular public and community facilities, educational facilities, railway purposes or urban infrastructure, or

(ii) which is reserved for road widening purposes being land coloured yellow, edged with a broken red line and marked with letters “a.r.r.” in red (signifying arterial road reservation-proposed road widening) or the letters “l.r.r.” in red (signifying local road reservation-proposed road widening), and

(b) to improve access to and along the foreshores where opportunities arise.

4 Development which may be carried out without development consent Development for the purpose of:

Drainage; parks and gardens; roads.

5 Development which may be carried out only with development consent Development for the purpose of:

The particular land use indicated by red lettering on the land use map, including land uses ordinarily incidental or ancillary to the particular use (other than the particular use of railways); local community facilities; land uses related to railways authorised by the Transport Administration Act 1988 , but only where the use indicated by red lettering is a railway use; utility installations (other than gas holders or generating works); works to enable public access to and along the foreshores.

6 Development which is prohibited Any development other than development included in Item 4 or 5.

7 Related provisions Parts 3 and 4 of, and Schedules 2 and 3 to, this plan must be read in conjunction with this development control table as they also affect the nature of development which can be carried out.

Development control table-Zone No 6-(Open Space Zone)

1 Zone identification on the land use map Coloured dark green without red edging or edged red with the letter “L” or the letter “R”.

2 Description of the zone The Open Space Zone applies to public or private land used or intended to be used for recreational purposes. Land which is within this zone may also be used for community facilities.

3 Objectives of the zone The objectives are:

(a) to identify existing publicly and privately owned land used or capable of being used for recreational purposes,

(b) to identify areas which are reserved for future public open space:

(i) in the case of land edged red and marked with the letter “L” in red, being local open space, and

(ii) in the case of land edged red and marked with the letter “R” in red, being regional open space,

(c) to increase the provision of public open space within the Council’s area to meet the needs of the population,

(d) to enable development for the purpose of public and private recreation and community facilities sympathetic to the environmental characteristics of the land and surrounding areas, and

(e) to protect the visual and environmental attributes of the foreshores, and

(f) to retain the landscaped, vegetated and open nature of the existing open space within the Council’s area.

4 Development which may be carried out without development consent Development for the purpose of:

Bushfire hazard control; drainage; maintenance of gardens and structures.

Development pursuant to, or approved in accordance with, the plan of management adopted under Division 2 of Part 2 of Chapter 6 of the Local Government Act 1993 and for the time being applicable to the subject land.

5 Development which may be carried out only with development consent Development for the purpose of:

Child care centres; clubs (other than clubs registered under the Registered Clubs Act 1976 ); community facilities; recreation areas; recreation facilities; roads; uses or buildings associated with development permitted in the zone without development consent; utility installations (other than gas holders or generating works).

6 Development which is prohibited Any development other than development included in Item 4 or 5.

7 Related provisions Parts 3 and 4 of, and Schedule 2 and 3 to, this plan must be read in conjunction with this development control table as they also affect the nature of development which can be carried out.

Development control table-Zone No 8-(National Parks and Nature Reserves Zone)

1 Zone identification on the land use map Uncoloured with dark green edging.

2 Description of the zone The National Parks and Nature Reserves Zone applies to land included within Sydney Harbour National Park. This land is administered by the National Parks and Wildlife Service under the National Parks and Wildlife Act 1974 . Only land uses authorised under that Act may be carried on land within the zone.

3 Objectives of the zone The objectives are:

(a) to identify land within National Parks and Nature Reserves,

(b) to identify land for public recreational purposes,

(c) to conserve areas of natural, scientific, scenic, archaeological, ecological and historical significance, and

(d) to protect National Parks and Nature Reserves from encroachment of development and activities which will alienate and restrict public use of those Parks and Reserves.

4 Development which may be carried out without development consent Any development authorised by the National Parks and Wildlife Act 1974 .

5 Development which may be carried out only with development consent Nil.

6 Development which is prohibited Any development other than development included in Item 4.

7 Related provisions Whilst Parts 3 and 4 of, and Schedules 2 and 3 to, this plan relate to land within this zone, the operation of State Environmental Planning Policy No 4-Development Without Consent determines whether the National Parks and Wildlife Service is required to obtain the consent of the Council for any development.