Division 428 Built environment design principles and masterplans
(1) The Council, in determining an application for consent to the carrying out of any development on land to which this plan applies, must take into consideration whether the development:(a) has been designed to reinforce and protect the local topography and setting, and(b) reinforces and enhances the streetscape and character of the locality, and(c) is compatible with the scale and design of neighbouring development, and(d) has been designed with adequate provision for the intended occupants, and those in the vicinity of the site of the proposed development, in terms of:(i) privacy, and(ii) access to sunlight, and(e) has been designed so as to be energy efficient in terms of natural:(i) lighting, and(ii) ventilation, and(iii) heating and cooling, and(f) establishes and enhances the public domain, and(g) has been designed so as to preserve predominant view lines and vistas enjoyed from parks, reserves, roadways, footpaths and other areas of the public domain, and(h) encourages complementary land uses and activities.(2) The Council, before granting consent to the carrying out of development on land within Zone No 5 or comprising a site area of 5,000 square metres or more, must take into consideration any masterplan for the land that is available to the Council.
(1) A person must not subdivide land to which this plan applies without the consent of the Council, unless that subdivision is exempt development referred to in clause 10A.(2) Despite subclause (1), subdivision under the Strata Schemes (Freehold Development) Act 1973 or the Strata Schemes (Leasehold Development) Act 1986 does not require development consent, except:(a) in the case of a building to which Part 3 of State Environmental Planning Policy (Affordable Rental Housing) 2009 applies, or(b) where the building has been designed or approved for occupation as a single unit.
29A Application of provisions of Sydney Local Environmental Plan 2012
(1) The following provisions of Sydney Local Environmental Plan 2012 apply to development on land to which this Plan applies in the same way as those provisions apply to development on land to which that Plan applies:(a) clause 2.8 (Temporary use of land),(b) Part 3 (Exempt and complying development),(c) clause 7.15 (Flood planning),(d) clause 7.17 (Development in areas subject to airport noise).(2) Clause 5.10 (Heritage conservation) of Sydney Local Environmental Plan 2012 applies to development on land to which this Plan applies as if that land were land to which that Plan applies and that clause applies to a heritage item in Schedule 2 as if the heritage item were a heritage item within the meaning of that Plan.(3) Division 3 (Affordable housing) of Part 7 of Sydney Local Environmental Plan 2012 applies to development on land in the Green Square Town Centre as if that land were land at Green Square within the meaning of that Plan.
30 Acquisition and development of land reserved for roads
Note. Nothing in this clause is to be construed as requiring a public authority to acquire land—see section 27 (3) of the Act.(1) The owner of any vacant land within Zone No 9 (a) may, by notice in writing, require:(a) the R.T.A., in the case of land that is included in the 5-year works program of the R.T.A. current at the time of receipt of the notice, or(b) the Corporation, in any other case,to acquire the land.(2) The owner of any land within Zone No 9 (a) that is not vacant may, by notice in writing, require the R.T.A. to acquire the land if:(a) the land is included in the 5-year works program of the R.T.A. current at the time of the receipt of the notice, or(b) the R.T.A. has decided not to give concurrence to an application for consent to the carrying out of development on the land, or(c) the R.T.A. is of the opinion that the owner of the land will suffer hardship if the land is not acquired within a reasonable time.(3) On receipt of a notice under this clause, the R.T.A. or the Corporation, as the case may be, must acquire the land unless the land might reasonably be required to be dedicated for a public road.(4) A person may, with the consent of the Council, carry out development on land within Zone No 9 (a):(a) for a purpose for which development may be carried out (with or without the consent of the Council) on land in an adjoining zone, or(b) for any purpose which is compatible with development which may be carried out on land in an adjoining zone.(5) (Repealed)(6) Land acquired under this clause may be developed, with the consent of the Council, for any purpose, until such time as it is required for the purpose for which it was acquired.
31 Acquisition of certain land reserved by zoning
(1) The owner of any land within Zone No 9 (b) or 9 (c) may, by notice in writing, require the Council to acquire the land, but only if:(a) the land is included in the Council’s Section 94 Contributions Plan or a Works Program of the Council that is current at the time of the receipt of the notice, or(b) the Council has decided not to grant consent to the carrying out of development on the land, on the basis of those matters specified in subclause (3), or(c) the Council is of the opinion that the owner of the land will suffer hardship if the land is not acquired within a reasonable time.(2) On receipt of a notice under this clause, the Council must acquire the land unless the land might reasonably be required to be dedicated for:(a) local roads in the case of land within Zone No 9 (b), or(b) local recreation in the case of land within Zone No 9 (c).(3) In deciding whether to grant consent to proposed development within Zone No 9 (b) of 9 (c), the Council must take the following matters into consideration:(a) in the case of land within Zone No 9 (b), the need to use the land for the purpose of local roads, and(b) in the case of land within Zone No 9 (c), the need to use the land for the purpose of local recreation, and(c) the imminence of acquisition, and(d) the likely additional cost to the Council resulting from the carrying out of the proposed development.(4) Land acquired under this clause may be developed, with the consent of the Council, for any purpose, until such time as it is required for the purpose for which it was acquired.
A tree preservation order made in relation to land to which this plan applies, and in force immediately before the appointed day, is taken to be a tree preservation order made by the Council under clause 8 of the Environmental Planning and Assessment Model Provisions 1980 as adopted by this plan and may be rescinded or varied in accordance with that clause.
33 Community use of educational establishments
The Council may grant development consent to community use of the land and facilities of educational establishments and to the commercial operation of those facilities and their sites.
34 Retailing of bulky goods in the industrial zone
(1) This clause applies to land within Zone No 4.(2) Subject to subclause (3), nothing in this plan prevents a person, with the consent of the Council, from carrying out on land to which this clause applies, development for the purpose of bulky goods retailing from a building or site in or on which those goods are stored, manufactured, displayed or processed.(3) The Council must not grant consent to an application for consent to carry out development referred to in subclause (2) unless it is satisfied:(a) that the proposed development will not detrimentally affect existing or future industrial development within the zone in which the land concerned is situated, and(b) that to grant consent would not, by reason of the number of retail outlets which exist or are proposed on land within Zone No 4, detract from the predominantly industrial nature of the zone.
36 Development in Zone No 6 (a) or 6 (b)
Council must not grant consent to development on publicly owned land in Zone No 6 (a) or 6 (b) unless it has taken into consideration all of the following:(a) the need for the proposed development on that land, and(b) whether the impact of the proposed development will be detrimental to the existing or future use of the land, and(c) whether the proposed development will be secondary and complementary to the existing use of land for public recreation, and(d) whether the proposed development will significantly diminish public use and access to public open space, and(e) whether the proposed development is compatible with adjacent uses in relation to its height, bulk, noise generation, traffic generation, and any other aspects that might conflict with surrounding land uses, and(f) whether the proposed development is consistent with any plan of management adopted by the Council, and(g) whether the height of any proposed building or structure is visually sympathetic to existing vegetation and the topography.
37 Non-residential development in Zone No 10
(1) The object of this clause is to promote the objectives of Zone No 10 and to allow buildings or parts of buildings in that zone which are used for residential purposes to be used for mixed use purposes while ensuring that the mixed use does not have an adverse impact on the character of the suburb.(2) The Council must not grant consent to the use for non-residential purposes of a building or land within Zone No 10 that was being used for residential purposes on the appointed day (24 April 1998), unless it is satisfied that:(a) the change of use will not significantly erode the residential character and identify of the locality, and(b) the change of use will not significantly reduce the level of residential accommodation in the locality, and(c) the non-residential use on the site will be secondary to the residential use on the site, and(d) the non-residential use will not have an adverse impact on the amenity of the predominant residential use on the site, and(e) the proposed development is consistent with the objectives of Zone No 10.
(1) The Council must not grant consent to an application for a residential, child care centre or commercial use of a parcel of land which has previously been occupied by an industrial use, or of any part of the site of the former Royal Alexandra Hospital for Children at Camperdown (being the land to which South Sydney Local Environmental Plan No 139 applied) unless it has considered the following matters:(a) the identification of any potential contamination, based on details of site history and any other available information, and(b) the need for contamination treatment procedures such as further testing, and the need for remediation and the preparation of validation plans.(2) Before it grants consent for any remediation of land, the Council must consider the following:(a) a report on sampling procedures and testing results for the land,(b) remediation plans for the land,(c) validation plans for the land.(3) For the purposes of this clause:remediation plan means the details describing the remediation activity such as the objectives of the plan, the remediation methodology proposed and the targets, timetable, quality, quality control procedures and precautions to be taken during remediation of the land.
validation plan means the guidelines detailing the methodology by which the applicant or its consultant intends verifying that the remediation work has been satisfactorily carried out. It contains the requirements for post-rehabilitation testing and the justification for it. Validation plans may be included within a remediation plan.
40 Development in the vicinity of Alexandra Canal
(1) A person must not erect any structure on land within 10 metres of:(a) the bank of the Alexandra Canal, or(b) any of its open secondary channels,except with the consent of the Council.(2) The Council must not consent to the erection of any structure on land having a frontage to Alexandra Canal or any of its secondary canals unless:(a) it has made an assessment of the effect the erection of that structure would have on the existing aquatic environment and the potential use of Alexandra Canal and its foreshore for recreational purposes, and(b) the conditions of that consent require the landscaping of a ten metre strip abutting the canal, and(c) the conditions of that consent require the creation of a right of carriageway, or the dedication of land, for the purpose of permanent pedestrian or bicycle access within a ten metre strip abutting the canal.
(1) The Council may, by resolution, fix a building line (in this clause referred to as a foreshore building line) in respect of any land fronting Port Jackson.(2) A foreshore building line, when fixed by the Council is to be marked on a plan or clearly described in the resolution and such plan or resolution is to be available for inspection by the public, without charge, during the office hours of the Council.(3) Until such time as the Council so fixes a foreshore building line, any line shown on the map:(a) by a broken black line with the words “Foreshore Building Line—12m” marked in black letters, or(b) by a broken black line with the words “Foreshore Building Line—35m” marked in black letters,is taken to be a foreshore building line fixed under this clause.(4) The Council may alter or abolish any foreshore building line (including one established under subclause (3)) where the levels, depth or other exceptional features of the site make it expedient to do so.(5) Except with the consent of the Council granted as referred to in subclause (6), a building must not be erected between a foreshore building line and the mean high water mark of the waters of Port Jackson.(6) The Council may, after having made an assessment of the probable aesthetic appearance of the proposed structure in relation to the foreshore, consent to the erection of:(a) baths, swimming pools and ancillary buildings, or(b) boat sheds, or(c) wharves, or(d) jetties, or(e) other structures or works below or at the surface of the ground,between a foreshore building line and the mean high water mark of the waters of Port Jackson.
43 Development for the purpose of a backpackers’ hostel or serviced apartment
(1) A person must not carry out development for the purpose of a backpackers’ hostel or serviced apartment, except with the consent of the Council.(2) In determining an application for development consent to carry out development for the purpose of a backpackers’ hostel or serviced apartment, the Council must consider:(a) the need to maintain the stock of low-cost, long-term rental accommodation in the City of South Sydney, particularly (but not exclusively) accommodation in the form of boarding houses, and(b) the need to control the establishment of backpackers’ hostels and serviced apartments in the City of South Sydney, and(c) the need to prevent the reduction in residential amenity associated with the encroachment of backpackers’ hostels and serviced apartments into primarily residential areas.
44 Suspension of covenants, agreements and instruments
(1) For the purpose of enabling development to be carried out in accordance with this plan (as in force at the time the development is carried out) or in accordance with a consent granted under the Act, the operation of any covenant, agreement or similar instrument that purports to impose restrictions on the carrying out of development on the land to which this plan applies, to the extent necessary to serve that purpose, shall not apply to any such development.(2) Nothing in subclause (1) affects the rights or interests of any public authority under any registered instrument.(3) Pursuant to section 28 of the Act, before the making of this clause the Governor approved of subclauses (1) and (2).
45 Development on public roads
(1) A person must not carry out development on land shown uncoloured on the map, except with the consent of the Council.(2) Consent to a development application required by subclause (1) may be granted only for the carrying out of development that may be carried out (with or without the consent of the Council) on the land adjoining that part of the land shown uncoloured on the map to which the development application relates.(3) Despite subclauses (1) and (2), the following development may be carried out without the consent of the Council on land shown uncoloured on the map:(a) development referred to in Schedule 3, or(b) any other development which does not involve the erection of a building or the carrying out of a work.
Despite Part 3, development for the purpose of an amusement centre is prohibited on any land:(a) within Zone No 3 having a boundary adjoining Oxford Street, or(b) within Zone No 3 and Zone No 10 having a boundary adjoining King Street, or(c) within the area bounded by Victoria Street, Orwell Street, Macleay Street, Fitzroy Gardens, Ward Avenue and Kings Cross Road.
The Council may consent to the carrying out of development for the purpose of restricted premises only where conditions are imposed (in addition to any other conditions which may be imposed by the Council) which require that:(a) no part of the premises, other than an access corridor, will be located within a shop-front or will be otherwise visible at street level from any adjoining footpath, roadway, arcade or other public thoroughfare, and(b) no part of the restricted premises or building in which the premises will be situated will be used as a dwelling unless separate access will be available to the dwelling, and(c) any signage related to the premises will be of a size, shape and content that does not interfere with the amenity of the locality, and(d) no other objects, products or goods related to the restricted premises will be visible from outside the premises.
48 Consultation with the Department of Housing
The Council must:(a) refer a copy of any application for consent to development on any of the land which is shown bounded by a dotted pink line on the map to the Director-General of the Department of Housing, and(b) take into consideration any representation made to the Council by that Director-General within 28 days of the copy being so referred.
50 Development in the vicinity of Elizabeth Bay House
(1) The Council must not consent to the carrying out of development on land at No 26, 28, 30A, 30B or 32 Billyard Avenue, Elizabeth Bay, except with consent granted with the concurrence of the Historic Houses Trust of New South Wales.(2) In determining any application for development on land referred to in subclause (1), the Council must take the following matters into consideration:(a) the impact of the proposed development on the historic and visual relationship between Port Jackson, the foreshore and Elizabeth Bay House, and(b) the views to and from Elizabeth Bay House and the McElhone Reserve, and(c) the impact of the bulk and height of, and the materials to be used in, the proposed development.(3) In deciding whether to grant concurrence required by subclause (1), the Historic Houses Trust of New South Wales must take into consideration the matters specified in subclause (2).
54 Development for certain additional purposes
Nothing in this plan prevents the Council from granting consent to the carrying out, on land described in Column 1 of the following Table, of development specified, in relation to the land in Column 2 of the Table, subject to the conditions, if any, so specified for the development:
Table
Column 1
Column 2
780 Bourke St, Redfern.
Development for the purpose of serviced apartments.
35–43 Carillon Avenue and 114 Church Street, Camperdown.
Development for the purpose of car parking stations; supporting hotels.
61–71 Dunning Ave; 21–23 Morley Ave; 25–27 Morley Ave, Rosebery.
Development for the purpose of commercial premises.
1 Elizabeth Bay Road, Kings Cross.
Development for the purpose of police stations.
261–263 Oxford Street, Paddington.
Development for the purpose of refreshment rooms; offices.
230 Palmer Street, Darlinghurst.
Development for the purpose of car parking stations.
9 Telopea Street, Redfern.
Development for the purpose of commercial premises.
The site of the former Royal Alexandra Hospital for Children at Camperdown, being the land to which South Sydney Local Environmental Plan No 139 applied.
Development allowed within Zone No 2 (f) under Sydney Local Environmental Plan No 66 immediately before the appointed day, subject to the development standards set for the land by that plan at that time, so that:
(a) the maximum ratio of the gross floor area of all buildings to the site area is 1.5:1, and(b) the maximum height for buildings are those shown on the map marked “South Sydney Local Environmental Plan No 139—Height”.
Nothing in this plan is to be construed as restricting or prohibiting, or enabling the Council to restrict or prohibit the carrying out of development of any description specified in Schedule 3 by a public authority or a corporation that was a public authority which has been privatised.
56 Saving for pending development applications
(1) Local environmental plans and deemed environmental planning instruments apply to development applications lodged but not finally determined before the commencement of this plan as if this plan had been exhibited but had not commenced.(2) To remove any doubt, development standards imposed by any such plans and instruments on development proposed by those development applications apply even if those standards would not be imposed by other provisions of this plan.
56A Classification and reclassification of public land
(1) The objective of this clause is to enable the Council to classify or reclassify public land as “operational land” or “community land” in accordance with Part 2 of Chapter 6 of the Local Government Act 1993.Note. Under the Local Government Act 1993, “public land” is generally land vested in or under the control of a council (other than roads, Crown reserves and commons). The classification or reclassification of public land may also be made by a resolution of the Council under section 31, 32 or 33 of the Local Government Act 1993. Section 30 of that Act enables this plan to discharge trusts on which public reserves are held if the land is reclassified under this plan as operational land.(2) The public land described in Part 1 or Part 2 of Schedule 6 is classified, or reclassified, as operational land for the purposes of the Local Government Act 1993.(3) The public land described in Part 3 of Schedule 6 is classified, or reclassified, as community land for the purposes of the Local Government Act 1993.(4) The public land described in Part 1 of Schedule 6:(a) does not cease to be a public reserve to the extent (if any) that it is a public reserve, and(b) continues to be affected by any trusts, estates, interests, dedications, conditions, restrictions or covenants that affected the land before its classification, or reclassification, as operational land.(5) The public land described in Part 2 of Schedule 6, to the extent (if any) that it is a public reserve, ceases to be a public reserve when the description of the land is inserted into that Part and is discharged from all trusts, estates, interests, dedications, conditions, restrictions and covenants affecting the land or any part of the land, except:(a) those (if any) specified for the land in Column 3 of Part 2 of Schedule 6, and(b) any reservations that except land out of the Crown grant relating to the land, and(c) reservations of minerals (within the meaning of the Crown Lands Act 1989).Note. In accordance with section 30 (2) of the Local Government Act 1993, the approval of the Governor to subclause (5) applying to the public land concerned is required before the description of the land is inserted in Part 2 of Schedule 6.