Division 1Division 1 Development control
10 Subdivision of land generally
A person shall not subdivide land to which this Policy applies except with the consent of the Council.
11 Erection of dwelling-houses within Zone No 2 (a)
(1) Except as provided by subclause (2), a dwelling-house shall not be erected on an allotment of land within Zone No 2 (a) which has a width of less than 18 metres at the front alignment of the dwelling-house, a depth of less than 30 metres or an area:(a) in the case of a hatchet-shaped allotment or an allotment not having a frontage to a public road—of less than 1,000 square metres, or(b) in the case of any other allotment—of less than 900 square metres.(2) Nothing in subclause (1) shall operate to prohibit the erection of a dwelling-house:(a) on an allotment of land if that allotment was in existence as a separate allotment before the commencement of this Policy, or(b) on an allotment of land on which a dwelling-house is already erected if the dwelling house to be erected is intended to entirely replace the dwelling-house already erected, or(c) on an allotment of land created after the commencement of this Policy if the allotment was created as a consequence of:(i) consolidating two or more allotments described in paragraph (a), or(ii) subdividing an allotment described in paragraph (a) so as to provide land for a public purpose.
12 Development in industrial zones
(1) The Council shall not consent to the carrying out of development on an allotment of land within Zone No 4 (a) or 4 (c2) unless the allotment:(a) has an area of not less than 2,500 square metres, and(b) at least 50 per cent of the allotment is not, or will not, be built upon.(2) Where any proposed allotment relies on Captain Cook Drive for its sole means of access, the Council shall not consent to an application to subdivide land within Zone No 4 (a) unless the area of each allotment to be created will not be less than 4 hectares.(3) The Council shall not consent to the carrying out of development on an allotment of land within Zone No 4 (b) unless the allotment:(a) has an area of not less than 1,000 square metres,(b) had a width of not less than 21 metres at the front alignment of the building, and(c) has a depth of not less than 37 metres.(4) Nothing in subclause (1), (2) or (3) prevents the Council from granting consent to the erection or use of a building on an allotment of land, where that allotment was in existence as a separate allotment before the commencement of this Policy.(5) The Council shall not consent to the carrying out of development on land within Zone No 4 (c1) or 4 (c2) unless it has considered:(a) the level of any risk to life, and(b) the pollution effects, including low level long-term effects, upon the health of people,created by, or arising out of, the carrying out of the development on that land.(6) Development for the purposes of a hazardous industry or storage establishment, an offensive industry or a toxic industry shall only be carried out on land within Zone No 4 (c2) where not less than 50 per cent of the feedstock for the product being manufactured originates from a refinery on the Kurnell Peninsula.
(1) The Council shall not consent to the carrying out of development (other than development for the purposes of landscaping, access, bicycle paths, drainage or utility installations) on any land within Zone No 4 (a), 4 (b), 4 (c1), 4 (c2), 6 (c) or 7 (b) which is within 20 metres from the boundary of the Captain Cook Drive road reserve.(2) The Council shall not consent to the carrying out of development within Zone No 4 (a), 4 (b), 4 (c1), 4 (c2) or 7 (b) if the development, in the opinion of the Council, is likely to have a significant adverse impact on the safety and efficiency of Captain Cook Drive.(3) The Council may as a condition of granting development consent or subdivision approval in respect of any land referred to in subclause (2) require a contribution towards the upgrading of Captain Cook Drive.(4) In considering whether to impose a condition referred to in subclause (3) the Council shall take into consideration:(a) the amount of traffic likely to be generated by the development in relation to Captain Cook Drive,(b) the nature of the goods or materials transported or likely to be transported along Captain Cook Drive as a result of the development, and(c) any means that are, in the opinion of the Council, required to be employed to protect the environment or to mitigate harm to the environment as a result of the development because of the amount of traffic generated or the nature of the goods or materials transported.(5) The Council may consent to the relocation of Captain Cook Drive between the points marked “X” and “Y” on the map.(6) Where Captain Cook Drive is relocated, the Council may consent to the carrying out of development on land formerly occupied by that road and on land south of the relocated road within Zone No 6 (c) for any purpose for which development may be carried out in Zone No 7 (b).
14 Protection of certain land within Zone No 5 (a) or 7 (b)
The Council shall not consent to the carrying out of development on land within Zone No 5 (a) or 7 (b) that is shown hatched black on the map if, in its opinion, that development would significantly affect or alter the topographical or ecological features of the land.
15 Development within Zone No 6 (a)
The Council shall not consent to the carrying out of development on land within Zone No 6 (a) unless the Council has considered:(a) the need for the proposed development to be carried out on that land,(b) the impact of the carrying out of the proposed development on the existing or likely future use of the land, and(c) the need to retain the land for its existing or likely future use.
16 Consideration of use of certain land by tourists
In considering any development application relating to land within Zone No 6 (b) adjacent to Bate Bay or Zone No 9 (a) and adjoining Boat Harbour (where that land has been dedicated or transferred free of cost to the Council or the corporation, as the case may be), the Council shall take into consideration the use for tourist or other similar purposes of any adjoining land within Zone No 7 (b) and the use of the land within Zone Nos. 6 (b) and 9 (a) by people accommodated on land within Zone No 7 (b).
17 Development of certain land in Zone No 6 (b) or 9 (a)
The Council may consent to the carrying out of development on land:(a) within Zone No 6 (b) adjacent to Bate Bay and which is within 10 metres of the boundary of that zone and Zone No 7 (b), and(b) within Zone No 9 (a) adjacent to Boat Harbour and which is within 5 metres of the boundary of that zone and Zone No 7 (b),and not being land on the seaward side of the crest of the frontal dune, for any of the purposes for which development may be carried out on land within Zone No 7 (b) where the balance of the land within Zone No 6 (b) and 9 (a) adjoining the particular land in Zone No 7 (b) and an equal amount of land within Zone No 7 (b) adjacent to the boundary of the two zones is dedicated or transferred free of charge to the Council or the corporation, as the case may be.
18 Development adjacent to or adjoining Zone No 7 (a)
The Council shall not consent to the carrying out of development on land adjacent to or adjoining land within Zone No 7 (a) where that development:(a) is located or sited less than 10 metres from the boundary of Zone No 7 (a), or(b) would require the clearing, construction of a levee on, draining or filling of land within 10 metres from the boundary of Zone No 7 (a).
19 Development within Zone No 7 (b)
(1) Except as provided by subclause (2), the Council shall not consent to the subdivision of land within Zone No 7 (b) unless:(a) the area of each allotment to be created by the subdivision is not less than 2,500 square metres, and(b) the average area of all allotments to be created by the subdivision is not less than 5,000 square metres.(2) Where an allotment of land within Zone No 7 (b) relies on Captain Cook Drive for its sole means of access, the Council shall not consent to the carrying out of development on that land unless the allotment has an area of not less than 4 hectares.(3) The Council shall not consent to the carrying out of development on land within Zone No 7 (b) adjacent to land within Zone No 9 (a) adjacent to Boat Harbour unless reasonable provision is made for public access to Boat Harbour and between land within Zone No 6 (b) adjoining Bate Bay and land within Zone No 9 (a) adjoining Boat Harbour.
20 Development of certain land within Zone No 7 (b)
(1) Except as provided by subclause (2), land within Zone No 7 (b) which is within 300 metres of the Mean High Water Mark of Bate Bay or Boat Harbour may be developed, with the consent of the Council, only for the purpose of kiosks, picnic areas, sand mining and extraction, and sand stabilisation and conservation.(2) Land referred to in subclause (1) may be developed with the consent of Council for purposes permissible in Zone No 7 (b) (other than those referred to in subclause (1)), only where reasonable measures to ensure the stability of the frontal sand dune and to protect the environmentally sensitive features of the land have been taken or will be taken within 3 months of the date of commencement of any construction on the land referred to in subclause (1).(3) Measures which may be required under subclause (2) include the dedication or transfer free of cost of the land within Zone No 6 (b) adjoining Bate Bay or the land within Zone No 9 (a) adjoining Bate Harbour.
20A Minimum subdivision lot size within Zone E4 Environmental Living
(1) The objective of this clause is to minimise the impact of development on the scenic, environmental and heritage values of the locality.(2) This clause applies to a subdivision of any land shown within Zone E4 Environmental Living on the Lot Size Map that requires development consent and that is carried out after the commencement of this clause.(3) The size of any lot resulting from a subdivision of land to which this clause applies is not to be less than the minimum size shown on the Lot Size Map in relation to that land.(4) This clause does not apply in relation to the subdivision of individual lots in a strata plan or community title scheme.
20B Height of buildings within Zone E4 Environmental Living
(1) The objective of this clause is to minimise the impact of development on the scenic, environmental and heritage values of the locality.(2) The height of a building on any land within Zone E4 Environmental Living is not to exceed the maximum height shown for the land on the Height of Buildings Map.
20C Floor space ratio within Zone E4 Environmental Living
(1) The objective of this clause is to minimise the impact of development on the scenic, environmental and heritage values of the locality.(2) The maximum floor space ratio for a building on any land within Zone E4 Environmental Living is not to exceed the floor space ratio shown for the land on the Floor Space Ratio Map.
20D Front building line within Zone E4 Environmental Living
(1) The objective of this clause is to ensure that development of the land within Zone E4 Environmental Living results in a suburban environment characterised by dwellings that are integrated into a landscaped setting.(2) A building on any land within Zone E4 Environmental Living must have a setback from the front boundary that is not less than the minimum front building line setback shown for the land on the Front Building Line Map.
20E Landscaped area within Zone E4 Environmental Living
(1) The objective of this clause is to ensure that development of the land within Zone E4 Environmental Living results in a suburban environment characterised by dwellings that are integrated into a landscaped setting.(2) Land on which a dwelling house is erected within Zone E4 Environmental Living must have a landscaped area that is not less than the minimum landscaped area shown for the land on the Landscaped Area Map.
(1) The objective of this clause is to maintain the hydrological functions of key groundwater systems and to protect vulnerable groundwater resources from contamination as a result of inappropriate development.(2) This clause applies to land in Zone RE1 Public Recreation, Zone E2 Environmental Conservation and Zone E4 Environmental Living.(3) In assessing a development application for land to which this clause applies, the Council must consider any potential adverse impact the proposed development is likely to have on the following:(a) the characteristics of groundwater present in the locality,(b) the risk of groundwater contamination,(c) groundwater dependent ecosystems.(4) Development consent must not be granted to development on land to which this clause applies unless the Council is satisfied that:(a) the development is designed, sited and will be managed to avoid any adverse environmental impact, or(b) if that impact cannot be avoided—the development is designed, sited and will be managed to minimise that impact, or(c) if that impact cannot be minimised—the development will be managed to mitigate that impact.
21 Consideration of environmental effect—protection of wetlands
(1) The Council shall not consent to the carrying out of development on any land to which this Policy applies if the development, in the opinion of the Council, is likely to have a significant adverse impact on the long term viability of the wetland areas or any ecosystem or species within the wetland areas.(2) Without limiting any other matters which the Council may consider, in considering whether the carrying out of any development on land is likely to have a significant adverse impact on the long term viability of the wetland areas or any ecosystem or species within the wetland areas, the Council shall take into consideration:(a) the accumulation in the surrounding ecosystems, by any biological, chemical or physical processes, of toxic or other chemicals to be used or produced by the development,(b) the likelihood of increased mortality or morbidity in natural populations of plants or animals and any effect of that on:(i) the diversity of species,(ii) the integrity of life cycles of species including, but not limited to, species of economic and cultural value, and(iii) the maintenance of ecological processes, including nutrient cycles, hydrologic cycles, microclimate and biological productivity,(c) the persistence of the chemicals to be used or produced in carrying out the development, their existing concentrations in the ecosystems, and whether those chemicals are likely to be released into the ecosystems from other existing or approved development, and(d) the frequency of emissions which may result from the carrying out of the development in normal and atypical operating conditions and in different weather conditions.
22 Restriction on development of wetland areas
(1) In respect of land within the wetland areas, a person shall not:(a) clear that land,(b) construct a levee on that land,(c) drain that land,(d) fill that land, or(e) landscape that land,except with the consent of the Council and the concurrence of the Director.(2) In considering whether to grant concurrence required by subclause (1), the Director shall take into consideration:(a) the environmental effects of the proposed development, including the effect of the proposed development on:(i) the growth of native plant communities,(ii) the survival of native and migratory wildlife populations,(iii) the provision of quality habitats for both indigenous and migratory species,(iv) the surface and groundwater characteristics of the site on which the development is proposed to be carried out and of the surrounding area, including salinity and water quality, and(v) the condition of the wetland area, in particular the presence of weeds or rubbish, and the prospects for its viability in the long term,(b) whether adequate safeguards and rehabilitation have been, or will be, made to protect the environment, including the preparation of a plan of management,(c) whether carrying out the development would be consistent with the aims of this Policy,(d) the objectives and major goals of the “National Conservation Strategy for Australia”, as contained in the second edition of a paper by the Commonwealth Department of Home Affairs and Environment and published in 1984 by the Australian Government Publishing Service, a copy of which is deposited in the office of the Department, as they relate to wetlands and the conservation of living resources,(e) the public interest in carrying out the proposed development compared to the public interest in the preservation of the wetland area in its present state and whether consideration has been given to any feasible alternatives to the carrying out of the proposed development (either on other land or by other methods) and if so, the reasons given for choosing the proposed development,(f) any representations made by the Director-General of the Department of Industry and Investment, the Director-General of the Department of Environment, Climate Change and Water or the Council in relation to the development application, and(g) any wetland areas surrounding the land to which the development application relates and the appropriateness of imposing conditions requiring the carrying out of works to preserve or enhance the value of those surrounding wetland areas.(3) Pursuant to section 29 of the Act, development for which consent is required by subclause (1) is declared to be designated development for the purposes of the Act.
23 Aircraft noise—restriction on development
(1) The Council shall not consent to the carrying out of development:(a) for residential purposes, where the noise level exceeds 25 ANEF, or(b) for schools, universities, hospitals or nursing homes, where the noise level exceeds 25 ANEF, or(c) for hotels, motels, hostels, other tourist accommodations or public buildings, where the noise level exceeds 30 ANEF, or(d) for commercial purpose, where the noise level exceeds 35 ANEF, or(e) for light industry, where the noise level exceeds 40 ANEF.(2) The Council shall not consent to the carrying out of development:(a) for residential purposes, where the ANEF is between 20 and 25, or(b) for schools, universities, hospitals or nursing homes, where the ANEF is between 20 and 25, or(c) for hotels, motels, hostels or other tourist accommodation, where the ANEF is between 25 and 30, or(d) for public buildings, where the ANEF is between 20 and 30, or(e) for commercial purposes where the ANEF is between 25 and 35, or(f) for light industry where the ANEF is between 30 and 40,unless it is satisfied that the development meets Australian Standard 2021 regarding interior noise levels.(3) Nothing in this clause prevents the granting of consent for the reasonable repair, renovation, alteration, extension of or addition to an existing building, if there will be no resulting reduction in the degree of insulation of the building interior from noise.(4) This clause does not apply to the carrying out of development for residential purposes, or for the purpose of schools, on land within Kurnell village.
23AA Aircraft noise—restriction on certain development on land in Kurnell village
(1) This clause applies to the carrying out of development for residential purposes, or for the purpose of schools, on land within Kurnell village.(2) The Council must not consent to the carrying out of development:(a) for residential purposes, where the ANEF exceeds 20, or(b) for schools, where the ANEF exceeds 20,unless it is satisfied that the development meets Australian Standard 2021 regarding interior noise levels.(3) Nothing in this clause prevents the granting of consent for the reasonable repair, renovation, alteration, extension of or addition to an existing building, if there will be no resulting reduction in the degree of insulation of the building interior from noise.
23A Protection of heritage items and relics
(1) The following development may be carried out only with development consent:(a) demolishing or damaging a heritage item,(b) altering a heritage item by making structural changes to its exterior,(c) altering a heritage item by making non-structural changes to the detail, fabric, finish or appearance of its exterior,(d) moving a relic, or excavating land for the purpose of discovering, exposing or moving a relic,(e) erecting a building on, or subdividing, land on which a heritage item is located.(2) Development consent is not required by this clause for development specified in Schedule 4 or for any other development if Council considers the proposed development would not adversely affect the heritage significance of a heritage item.(3) When determining a development application required by this clause, the Council:(a) must consider the effect of the development on the heritage significance of the heritage item and its setting, and(b) may consider any conservation plan that assesses the impact of the proposal on the heritage significance of the heritage item and its setting, and(c) (Repealed)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).
23B Development of known or potential archaeological sites
(1) The Council may consent to the carrying out of development on an archaeological site or potential archaeological site that has Aboriginal heritage significance only if:(a) it has considered a conservation assessment of the impact of the proposed development on the site, and(b) it has notified the Director-General of National Parks and Wildlife of its intention to do so and taken into consideration any comments received from the Director General within 28 days after the notice was sent, and(c) it is satisfied that any necessary consent or permission required under the National Parks and Wildlife Act 1974 has been granted.(2) The Council may consent to the carrying out of development on an archaeological site or potential archaeological site that has non-Aboriginal heritage significance only if:(a) it has considered a conservation assessment of the impact of the proposed development on the site, and(b) it has notified the Heritage Council of its intention to do so and taken into consideration any comments received from the Heritage Council within 28 days after the notice was sent, and(c) it is satisfied that any necessary excavation permit required by the Heritage Act 1977 has been granted.
The Council may grant consent to the development of a site of a heritage item which is a building, except a boatshed or other structure ancillary to a dwelling, regardless of clause 9 provided it is satisfied that:(a) the proposed development would not adversely affect the heritage significance of the heritage item, and(b) the proposed development would have little or no adverse effect on the amenity of the area, and(c) conservation of the item will be carried out to the Council’s satisfaction.
23D Advertisement of heritage development applications
The Council must advertise any development application involving the demolition of a heritage item or the use of heritage items as allowed under clause 23C on at least 2 occasions in a local newspaper.