Warringah Local Environmental Plan 2011
Current version for 7 January 2013 to date (accessed 21 May 2013 at 15:10)
Schedule 2

Schedule 2 Exempt development

(Clause 3.1)

Note 1. State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies exempt development under that Policy. The Policy has State-wide application. This Schedule contains additional exempt development not specified in that Policy.
Note 2. Exempt development may be carried out without the need for development consent under the Act. Such development is not exempt from any approval, licence, permit or authority that is required under any other Act and adjoining owners’ property rights and the common law still apply.

Display of goods on footpath

(1)  The display must be associated with a lawfully established business.
(2)  The display must be on the part of the footpath that is adjacent to that business.
(3)  The goods displayed must be small-scale goods, such as chemist bargains bins or clothes racks.
(4)  The display must be authorised under Division 3 of Part 9 of the Roads Act 1993.

Outdoor areas of community land used for commercial purposes

Must be authorised under Division 2 of Part 2 of Chapter 6 of the Local Government Act 1993.

Outdoor eating areas (associated with an approved restaurant)

(1)  If on a footpath—must be approved under section 125 of the Roads Act 1993.
(2)  If on community land—must be authorised under Division 2 of Part 2 of Chapter 6 of the Local Government Act 1993.
(3)  If on a Crown reserve—must be authorised under the Crown Lands Act 1989.

Private electricity service poles

Must comply with the specifications for electricity distributors in the Service and Installation Rules of New South Wales published by the NSW Government.

Signage (associated with business and industrial uses)

(1) Walls and fascia signs
(a)  Must be less than 1.5m2 per sign.
(b)  Must not project more than 0.3m out from the wall of the building.
(c)  If located above an awning fascia or more than 4.6m above ground level (existing), the total area of signage (including the area of any existing signs) on the site must not exceed:
(i)  for business premises having one street frontage—1m2 for every 5m of building frontage up to a maximum of 4m2, or
(ii)  for business premises having more than one street frontage—1m2 for every 8m of building frontage up to a maximum of 4m2, or
(iii)  for industrial or warehouse premises having one street frontage—1m2 for every 2m of building frontage up to a maximum of 8m2, or
(iv)  for industrial or warehouse premises having more than one street frontage—1m2 for every 4m of building frontage up to a maximum of 8m2.
(d)  If located below the top of an awning fascia return or less than 4.6m above ground level (existing), the total area of signage (including the area of any existing signs) on the site must not exceed:
(i)  for business premises having one street frontage—1m2 for every 2m of building frontage up to a maximum of 5m2, or
(ii)  for business premises having more than one street frontage—1m2 for every 4m of building frontage up to a maximum of 5m2, or
(iii)  for industrial or warehouse premises having one street frontage—1m2 for every 4m of building frontage up to a maximum of 5m2, or
(iv)  for industrial or warehouse premises having more than one street frontage—1m2 for every 8m of building frontage up to a maximum of 5m2.
(2) Under awning signs
(a)  Only 1 sign per property.
(b)  Minimum height—2.7m above ground level (existing).
(c)  Must not extend beyond the width of the awning.
(3) Window signs
(a)  Must occupy less than 50% of the window area.
(b)  Must be located below the awning level.

Signage (other)

(1) Home-based child care, home businesses, home occupations and home industries
(a)  Must be for the purposes of identifying the building to which the home-based child care, the home business, the home occupation or the home industry relates.
(b)  Must only be in association with a home-based child care, home business, home occupation or home industry that is lawfully established.
(c)  Only 1 sign per property.
(d)  Maximum size—0.06m2.
(e)  Must be attached to the ground floor facade of the building within which the use is conducted.
(f)  If the land is located on a main road, the sign may be attached to a front fence.
(2) On motor vehicles
Vehicle must be able to be driven with the sign displayed and the vehicle must be used principally for the conveyance of passengers or goods (or both).
(3) Real estate
(a)  Must relate to the sale or letting of the property and must be removed no later than 7 days after the date of completion of the sale or letting of the property.
(b)  Only 1 sign per property.
(c)  Maximum size—1.2m2 (in residential areas).
(d)  Maximum size—2.2m2 (in commercial or industrial areas).
(e)  Must not be illuminated.
(4) Temporary
(a)  Must only announce a local event of a religious, educational, cultural, social or recreational character or relate to a temporary matter in connection with such an event.
(b)  Must not include advertising of a commercial nature (except for the names of the event’s sponsors).
(c)  Must not be displayed earlier than 28 days before the day on which the event is to take place and must be removed within 7 days after the event.
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