This plan is called Sutherland Shire Local Environmental Plan 2000.
2 What are the objectives of this plan?
The objectives of this plan are:(a) to establish a broad planning framework for future development in Sutherland Shire which allows for detailed provisions and standards to be made in development control plans,(b) a sustainable Sutherland Shire through the efficient and equitable management of land uses,(c) to implement the objectives of the Strategic Plan for Sutherland Shire relating to land use outcomes,(d) to allow for provision of community facilities and land for public purposes,(e) an environmentally appropriate balance of development that is ecologically sustainable, socially equitable and economically viable and leads to a more sustainable outcome for Sutherland Shire,(f) to conserve items of environmental heritage,(g) to preserve or enhance the quality of life of the local community,(h) to preserve and enhance the quality of native vegetation,(i) to protect environmentally sensitive areas,(j) to provide employment opportunities in Sutherland Shire,(k) to encourage development which supports access by public transport, walking and cycling and which is energy efficient.
This plan applies to all land in Sutherland Shire as shown on the maps, except for land to which the following plans apply:(a) Sydney Regional Environmental Plan No 17—Kurnell Peninsula (1989), and(b) Sutherland Shire Local Environmental Plan—Menai Town Centre 1992, and(c) (Repealed)
4 How does this plan affect other environmental planning instruments?
(1) All local environmental plans (including Sutherland Shire Local Environmental Plan 1993) that applied to the land to which this plan applies and that were in force immediately before the appointed day are repealed.(2) This plan amends State Environmental Planning Policy No 4—Development Without Consent, by inserting in alphabetical order of local government area in Schedule 2 the following words:Land to which Sutherland Shire Local Environmental Plan 2000 applies
(3) To permit extractive industries in the 7 (a) Environmental Protection (Waterways) Zone, Sydney Regional Environmental Plan No 9—Extractive Industry is amended by omitting from Division 5 of Schedule 1, the following matter:The land at Port Hacking within Zone 7 (a) (the Environmental Protection (Waterways) Zone) under Sutherland Shire Local Environmental Plan 1993” and inserting instead the following matter:
The land in Port Hacking within the 7 (a) Environmental Protection (Waterways) zone under Sutherland Shire Local Environmental Plan 2000.
(4) This plan amends Sydney Regional Environmental Plan No 17—Kurnell Peninsula (1989) by inserting at the end of clause 3 the following subclause:(2) Despite subclause (1), this plan does not apply to the following land:Land at Parraweena Road, Taren Point, adjoining Woolooware Bay, to which Sutherland Shire Local Environmental Plan 2000 applies.
(1) In this plan:Accredited certifier has the same meaning as in the Environmental Planning and Assessment Act 1979.
Acid sulfate soils means actual or potential acid sulfate soils, as defined in the Acid Sulfate Soils Assessment and Management Guidelines.
Acid Sulfate Soils Assessment and Management Guidelines means the Acid Sulfate Soils Assessment and Management Guidelines as published from time to time by the NSW Acid Sulfate Soils Management Advisory Committee and adopted by the Director.
Acid Sulfate Soils Planning Maps means the series of maps marked “Sutherland Local Environmental Plan 2000—Acid Sulfate Soils Planning Maps” which are kept in the office of the Council of Sutherland Shire as amended from time to time by the maps so kept and listed in Part 2 of Schedule 7.
Advertising means the use of a building or place where the display of symbols, messages or other devices for promotional purposes is visible from a public place, whether or not the display involves the erection of a structure or the carrying out of a work.
Agriculture means:
(a) cultivating fruit, vegetables or flower crops, or(b) keeping or breeding livestock, bees or poultry or other birds, or(c) cultivating plants in a wholesale plant nursery,for business purposes.Ancillary development means a building, work or use which is used or carried out in conjunction with the primary legal use of a site.
Animal establishment means a building or place used for breeding, boarding, training, keeping or caring for animals for business purposes, and includes a riding school, but does not include a veterinary hospital.
Aquaculture means the cultivation of the resources of the sea or estuarine waters for the propagation or rearing of marine, estuarine or freshwater fish or plants or other organisms.
Archaeological site means a site described in Schedule 1.
Arts and craft centre means a building or place owned by the Council which provides facilities for the cultural, intellectual, social and educational needs of the community and which may incorporate all or any of the following:
(a) an art or craft gallery,(b) art or craft workshops and storage areas,(c) outdoor or indoor exhibition and performance space,(d) a museum,(e) an ancillary restaurant and a place for retail sales,(f) meeting and lecture rooms,(g) ancillary administration space,(h) a caretaker’s residence.Backpackers accommodation means a building used for the purposes of providing accommodation for tourists, travellers or persons engaged in recreational pursuits and that:
(a) may have shared facilities, such as a communal bathroom, kitchen or laundry, and(b) will generally provide shared accommodation in which there are two or more persons in a room, and(c) must only provide temporary accommodation.Beach and foreshore protection works means works undertaken on land abutting a waterway between dry land and Indian Spring Low Water for the purpose of rehabilitation. They include construction or reconstruction of sea walls and works in accordance with an adopted plan of management by or on behalf of a public authority.
Boarding house means a building:
(a) that is wholly or partly let in lodgings, and(b) that provides lodgers with a principal place of residence for 3 months or more, and(c) that generally has shared facilities, such as a communal bathroom, kitchen or laundry.Brothel means any building or place used habitually for the purposes of prostitution.
Building line means the line which is parallel to the street frontage as specified in any development control plan that applies to the land concerned.
Bulky goods retailing means use of a building or place primarily for the sale by retail or auction, or the hire or display, of goods or materials which are individually so big, bulky or heavy as to require:
(a) a large area for handling, storage or display, and(b) direct vehicular access to the site of the building or place by members of the public, for the purpose of loading items into their vehicles after purchase,but does not include use of a building or place for the sale of foodstuffs or clothing.Bus depot means a building or place used for servicing, repairing and garaging of buses and other vehicles used for the purposes of a bus transport undertaking.
Bushfire hazard reduction means the reduction or modification (by burning, mechanical or manual means) of material that constitutes a bushfire hazard.
Bushfire interface area means an area identified as such on a bushfire hazard map held by the Council and includes improved or unimproved properties within or immediately adjacent to bushland.
Bushfire prone area means an area identified on a bushfire hazard map held by the Council as having a high or medium bushfire hazard and includes land within 100 metres of such an area.
Bushland vegetation means vegetation which is either a remnant of the natural vegetation of the land or, if altered, is still representative of the structure and floristics of the natural vegetation.
Business premises means a building or place used for the purpose of administrative, clerical, technical or like activities for an occupation, profession or trade, but (in a development control table) does not include a building or place elsewhere defined in this plan.
Car parking means a building or place used for parking vehicles, and any manoeuvring space and access to it, whether operated for gain or not, but does not include car parking ancillary to a permissible use.
Child care centre means a building or place used for the purpose of supervising or caring for children which:
(a) caters for 6 or more under school age children, whether or not those children are related to the owner or operator of the building or place, and(b) may include an educational function, and(c) may operate for the purpose of gain,but does not include a building or place providing residential care for those children.Cluster housing means three or more dwellings grouped on a site to take advantage of good building areas or views and to conserve large areas of open space.
Community advertising means:
(a) advertising of community events or community uses, or charity events, or(b) display of health or safety notices, or like notices, or(c) advertising which is ancillary to the primary legal use of community or recreational land, but is not for the purpose of advertising the sale of a product, or(d) display of a notice by a public authority.Community facility means a building or place owned or controlled by a public authority or a body of persons, and that provides for the physical, social, cultural or intellectual development, welfare or safety of the local community. It includes, but is not limited to, any of the following:
(a) a police, ambulance or fire station,(b) a rescue or emergency service centre,(c) a public library,(d) rest rooms or meeting rooms,(e) a child minding centre,(f) a public health service centre.Complying development has the same meaning as in the Environmental Planning and Assessment Act 1979.
Contaminated land means land in or under which any substance is present at a concentration above that naturally present in, on or under the land and that poses, or is likely to pose, an immediate or long-term risk to human health or the environment.
Convenience store means that portion of a building on a site, with a floor space not exceeding 100 square metres, that is used for the sale of groceries and other small items and is operated in conjunction with a service station, but does not include a building or place licensed to sell liquor under the Liquor Act 1982.
Demolish a heritage item means wholly or partly destroy, dismantle or move the heritage item.
Demolition means the partial or total destruction, dismantling or moving of a building. It includes decontamination, rehabilitation or remediation of land on which a building has been partially or totally destroyed or dismantled, or from which a building has been removed.
Development consent has the same meaning as in the Environmental Planning and Assessment Act 1979.
Drainage means works carried out for the purpose of drainage which are not ancillary to development for which consent has been granted.
Dual occupancy housing means two dwellings on land that is one allotment or that was one allotment when development consent was granted for the two dwellings.
Dwelling means a room or suite of rooms occupied or used or so constructed or adapted as to be capable of being occupied or used as a separate permanent residence.
Dwelling house means one dwelling on one allotment except where that dwelling forms a component of a dual occupancy housing development.
Educational establishment means a building used for educational purposes but does not include a building used wholly or principally as business premises, an institution or a child care centre. It includes, but is not limited to, a school, college, technical college, lecture hall, gallery or museum.
Exempt development has the same meaning as in the Environmental Planning and Assessment Act 1979.
Extractive industry means an industry or undertaking, not being a mine, which depends for its operations on the winning of extractive material from the land upon which it is carried on.
Extractive material means turf, sand, gravel, clay, soil, rock, stone or similar substances.
Floorspace ratio means the ratio of the gross floor area of all buildings on a site to the area of the site. The site is taken to be only that part of the site zoned to permit the development for which the buildings are or are proposed to be used.
Food shop means a building or place, the principal purpose of which is the preparation and selling of food and refreshments to people for consumption off the premises, whether or not the selling involves a drive-through service.
Generating works means a building or place used for the purpose of making or generating gas, electricity or other forms of energy.
Gross floor area means the sum of the areas of each floor of the buildings on a site where the area of each floor is taken to be the area within the outer face of the external enclosing walls, excluding any of that area occupied by:
(a) lift towers, motor rooms and stairwells within a basement or above the roof level, and(b) car parking needed to meet requirements of the Council, up to 20 square metres per required parking space, and(c) storage areas needed to meet requirements of the Council, and(d) plant rooms, garbage storage areas, switch rooms or the like within a basement.Ground level is the ground surface of a site as it was prior to any cutting, filling or grading of the site.
Health care professional means a person who renders professional health services to members of the public and includes a legally qualified medical practitioner, a dentist within the meaning of the Dentists Act 1989, a chiropodist, a chiropractor, an osteopath, a physiotherapist, an optometrist, an acupuncturist, a psychologist, a herbalist, a homoeopath or the like.
Height is measured vertically from the ground level.
Heritage item means a building, work, tree or place described in Schedule 1 or 2.
Home activity means a business that is ancillary to a residential use and is carried out, or partially carried out, in a dwelling or within an allotment which contains a dwelling house or dwellings, but only if:
(a) that use is undertaken by the permanent residents, and(b) not more than two non-residents are employed in it at any one time, and(c) the use does not interfere with the amenity of adjoining properties or the locality, whether or not by the generation of vehicular traffic or parking or the emission of noise, vibration, smell or creation of some other nuisance,but does not include a bed and breakfast establishment or a building or place elsewhere defined in this plan.Hotel means premises specified or proposed to be specified in a hotelier’s licence granted under the Liquor Act 1982, which may provide accommodation.
Housing for older people or people with a disability has the same meaning as in State Environmental Planning Policy No 5—Housing for Older People or People with a Disability.
Industry means a building or place used for the manufacture, storage, repair, cleaning, maintenance, supply, hire or handling of any goods, materials, food or machinery, or for like or ancillary activities, but (in a development control table) does not include a building or place elsewhere defined in this plan.
Institution means a mental hospital or a penal or reformative establishment.
Internal allotment means an allotment within a residential zone where there is no practical lawful vehicular access to any existing or proposed building on the allotment, or where the only practical lawful vehicular access to any existing or proposed building on the allotment is by way of an access corridor (a hatchet shaped allotment) or a right-of-carriageway over another allotment.
Junk yard means land used for:
(a) the collection, storage, abandonment or sale of scrap metals, waste paper, rags, bottles or other scrap materials or goods, or(b) the collecting, dismantling, storage, salvaging or abandonment of automobiles or other vehicles or machinery or for the sale of parts of such items.Land includes any ground, soil or earth whatsoever, whether dry or under water.
land at Sandy Point means the land known as the village of Sandy Point, being land bounded by the Georges River and Deadman’s Creek and shown edged heavy black on the map marked “Sutherland Shire Local Environmental Plan 2000 (Amendment No 7)” deposited in the office of Sutherland Shire Council.
Landscaped area means any part of the site of a building or a proposed building that contributes to achieving the objectives of the landscaped area development standards of this plan. The site is taken to be only that part of the site zoned to permit the development for which the building is or is proposed to be used.
Landscaped area includes any areas used for gardens, lawns, shrubs or trees, but does not include any part of the site occupied by buildings, driveways, service accessways, parking areas, communal drying yards, garbage storage areas, swimming pools, balconies or decks.Liquid fuel depot means a depot or place used for the bulk storage for wholesale distribution of petrol, oil, petroleum or other inflammable liquid.
Main road means a road declared to be a main road under the Roads Act 1993.
Marina means an arrangement of pontoons, jetties or the like, used or intended to be used as a business to provide moorings for boats. It includes any associated:
(a) slipways, or(b) facilities for the repair, maintenance and fuelling of, or the provision of accessories and parts for, boats or boating enthusiasts, or(c) facilities for the storage or provision of food, or(d) ancillary office.Medical facility means a building or place used for the medical or surgical treatment of persons, whether public or private, and must include facilities for overnight stay accommodation. It may consist of:
(a) a hospital, or(b) a sanatorium, or(c) a health centre, or(d) a nursing home, or(e) a home for infirm persons, incurable persons or convalescent persons,and includes any shop or dispensary used in conjunction with the facility, but does not include an institution or a building or place elsewhere defined in this plan.Motel means a building or buildings used for temporary overnight accommodation, whether or not the building or buildings is or are also used in the provision of meals to travellers or the general public.
Motor showroom means a building or place used for the display and sale of motor vehicles, caravans or boats, whether or not motor vehicle accessories, caravan accessories or boat accessories are sold or displayed and may also include servicing.
Nightclub means a building or place to which a nightclub licence relates under the Liquor Act 1982.
Offensive or hazardous industry means an industry which by reason of the processes involved, the method of manufacture or the nature of the materials used or produced, requires isolation from other buildings.
Passenger transport terminal means any building or place used for the assembly of passengers travelling by any form of passenger transport, including any required facilities for parking, manoeuvring, storage or routine servicing of any vehicle.
Place of assembly means a public hall, theatre, cinema, music hall, concert hall, dance hall, open-air theatre, drive-in theatre, music bowl or any other building of a like character used as such and whether used for the purpose of gain or not, but does not include a place of public worship, an institution or an educational establishment.
Place of public worship means a building or place used for the purpose of religious worship by a congregation or religious group whether in the Christian faith or not, and whether or not the building or place is also used for counselling, social events, instruction and religious training.
Plan of management means a plan of management as defined under the Local Government Act 1993.
Potential archaeological site means a site known to the Council to have archaeological potential.
Public utility undertaking means any of the following undertakings carried on in pursuance of any Commonwealth or State Act:
(a) railway, road, water or air transport, telecommunications, wharf or river undertakings, and(b) undertakings for the supply of water, hydraulic power, electricity or gas or the provision of sewerage or drainage services,and a reference to a person carrying on a public utility undertaking includes a reference to a council, county council, government department, corporation, firm or authority carrying on the undertaking.Recreation area means:
(a) an area of open space for passive recreation activities, or(b) a children’s playground, or(c) an area used for sporting activities or sporting facilities, or(d) an area used to provide facilities for recreational activities which promote the physical, cultural or intellectual welfare of persons within the community, being facilities provided by:whether used for the purposes of gain or not, but does not include a racecourse or showground.(i) the Council, or(ii) a body of persons associated for the purposes of the physical, cultural or intellectual welfare of persons within the community,Recreation facility means a building or place used for indoor or outdoor recreation, and used for the purpose of gain. It may consist of or include a billiard saloon, a table tennis centre, squash courts, tennis courts, a swimming pool, a gymnasium, a health studio, a golf driving range, a bowling alley, a fun parlour or any other building of a like character used for recreation.
Registered club means a building or place used by persons associated, or by a body incorporated, for social, literary, political, sporting, athletic or other lawful purposes and which is, or is intended to be, registered under the Registered Clubs Act 1976.
Relic means any deposit, object or material evidence relating to:
(a) the use or settlement of Sutherland Shire, not being Aboriginal habitation, which is more than 50 years old, or(b) Aboriginal habitation of Sutherland Shire either before or after its occupation by persons of European extraction, including human remains.Repair centre means a building or place used in association with the operation of a waste recycling and management centre or waste depot and at which materials and goods can be retrieved, repaired or refurbished for re-use in the community.
Residential flat means a dwelling within a building containing three or more dwellings but does not include a townhouse or villa house.
Residential medical practice means a room or a number of rooms forming part of, attached to, or within the curtilage of a dwelling house used by not more than two health care professionals and where no more than two employees are employed, but does not include facilities for in-patient care (whether or not there is residential occupation of the dwelling house).
Restaurant means a building or place, the principal purpose of which is the provision of food to people for consumption on the premises, but does not include a food shop or a nightclub.
Road means a roadway, whether made or unmade, for general public use, generally designed to accommodate the movement of vehicles and pedestrians, and may include bridges forming part of roads.
Road transport terminal means a building or place used for the principal purpose of the bulk handling of goods for transport by road, including facilities for the loading and unloading of vehicles used to transport those goods and for the parking, servicing and repair of those vehicles.
Rural industry means:
(a) handling, treating, processing or packing of primary produce, or(b) regular servicing or repairing of plant or equipment used for the purpose of agriculture, aquaculture or a rural industry in the locality.Service station means a building or place used for the fuelling of motor vehicles involving the sale by retail of petrol, oils and other petroleum products, whether or not the building or place is also used for any one or more of the following purposes:
(a) the sale by retail of spare parts and accessories for motor vehicles,(b) washing and greasing of motor vehicles,(c) installation of accessories,(d) repairing and servicing of motor vehicles involving the use of hand tools (other than repairing and servicing which involves top overhaul of motors, body building, panel beating, spray painting, or suspension, transmission or chassis restoration),(e) convenience store.Sex shop means a building primarily used for the purposes of business premises in which:
(a) publications classified Category 1 restricted, Category 2 restricted or RC under the Classification (Publications, Films and Computer Games) Act 1995 of the Commonwealth are shown, exhibited, displayed, sold or otherwise rendered accessible or available to the public, or(b) a business to which section 578E of the Crimes Act 1900 applies is conducted.Shop means a building or place used for the purpose of display, sale, hire, auction, processing of goods or materials, or like or ancillary activities, but (in a development control table) does not include a building or place elsewhere defined in this plan.
Site area is the area of an allotment zoned so as to allow proposed development and includes any area of a right-of-carriageway burdening the allotment, but does not include the area of any access corridor.
Standard allotment means an allotment within a residential zone where practical lawful vehicular access to any existing or proposed building on the allotment is not reliant on an access corridor (a hatchet shaped allotment) or a right-of-carriageway over another residential allotment.
Storey means:
(a) the space between two floors, or(b) the space between any floor and its ceiling or roof above, or(c) foundation areas, garages, workshops, storerooms and the like, where the height between ground level and the top of the floor above is 1.5 metres or more.A storey which exceeds 4.5 metres is considered as two storeys.Subdivision has the same meaning as in the Environmental Planning and Assessment Act 1979.
Swimming enclosure means a place within a body of water which is enclosed by a fence or netting to provide a safe bathing area for public purposes only and does not include a swimming pool as defined under the Swimming Pools Act 1992.
Tennis court (private) means a tennis court used solely for the purpose of private recreational enjoyment and not used for competition or coaching.
The Council means the Council of Sutherland Shire.
The maps means the series of maps marked “Sutherland Shire Local Environmental Plan 2000” which are kept in the office of the Council of Sutherland Shire as amended from time to time by the maps so kept and listed in Schedule 7.
Tourist Information Centre means a building or place owned or controlled by the Council at which tourist-related services, facilities and information to the community are provided, but does not include a restaurant. It may include:
(a) literature and booking services for tourist destinations and accommodation, and(b) retail sales of souvenirs, gifts and the like, and(c) ancillary administration space, and(d) public toilets or change facilities.Townhouse means a two storey dwelling on a site containing three or more dwellings, where each dwelling has an individual entrance and there is open space for the exclusive use of the occupants of the dwelling.
Utility installation means a building or work used for a public utility undertaking, but does not include a building used wholly or principally for administration or as business premises, a showroom, workshop or depot.
Vehicle and mechanical repair premises means a building or place used for the purpose of carrying out repairs to motor vehicles or machinery, including watercraft, and engines.
Veterinary hospital means a building or place used for surgically or medically treating animals, whether or not animals are kept on the premises for the purpose of treatment or rehabilitation.
Villa house means a single storey dwelling on a site containing three or more dwellings, where each dwelling has an individual entrance and there is open space at ground level for the exclusive use of the occupants of the dwelling.
Warehouse means a building or place used for the storage of goods, merchandise or materials pending distribution.
Waste recycling and management centre means a building or place used for the recycling or recovery of resource materials, excluding sludge-like material, from waste materials that would otherwise be acceptable as landfill, and involves separating and sorting, processing (such as baling, crushing, shredding and composting) and sorting, transferring and the sale of recycled or recovered material, but does not involve re-manufacture, chemical manufacturing or incineration of the material.
Waterbody means:
(a) a natural waterbody, including:(i) a lake or lagoon either naturally formed or artificially modified, or(ii) a river or stream, whether perennial or intermittent, flowing in a natural channel with an established bed or in a natural channel artificially modifying the course of the stream, or(iii) tidal waters including any bay, estuary or inlet, or(b) an artificial waterbody, including any constructed waterway, canal, inlet, bay, channel, dam, pond or lake, but does not include a dry detention basin or other construction that is only intended to hold water intermittently.Watercraft facility means a pontoon, suspended ramp or walkway, jetty, mooring, wharf, slipway, watercraft landing and launching facility or the like, but does not include a marina.
(2) References to maps in this plan are to maps as in force at the commencement of this plan, unless otherwise described.(3) Any notes in this plan are intended to help a reader to understand this plan but are not part of this plan.
6 What savings provisions apply?
(1) Nothing in this Plan shall be construed as restricting or prohibiting or enabling the consent authority to restrict or prohibit:(a) the carrying out of development of any description specified in Schedule 3 (Schedule of savings provisions), or(b) the use of existing buildings of the Crown by the Crown.(2) Despite clause 4 (1), local environmental plans (including Sutherland Shire Local Environmental Plan 1993) and deemed environmental planning instruments, as in force immediately before the commencement of this plan, apply to a development application that was made but had not been finally determined before that commencement as if this plan had been exhibited but had not been made.
7 Who is the consent authority for this plan?
For the purposes of this plan the Council is the consent authority for all development, subject to the Environmental Planning and Assessment Act 1979.
8 How does this plan affect covenants etc?
(1) This clause does not apply to the 2 (a1), 2 (a2), 2 (b), 2 (c), 2 (e1) and 2 (e2) Residential zones.(2) If any agreement, covenant or other similar instrument prohibits development allowed by this plan, then it shall not apply to that development, to the extent necessary to allow that development.(3) In accordance with section 28 of the Environmental Planning and Assessment Act 1979, the Governor approved of subclauses (1) and (2) before this plan was made.
9 What special provisions apply to the temporary use of land?
Regardless of any other provision of this plan, consent may be granted to the temporary use of land, other than for designated development, being carried out for a maximum period of 28 days, whether consecutive or non-consecutive, in any 12 month period.
10 What services are to be provided?
Consent must not be granted unless the consent authority is satisfied that any requirement made by Sydney Water Corporation Limited for the provision of water and sewerage services to the site of the proposed development will be met.
11 What general provisions apply to advertising?
Nothing in this plan prevents consent from being granted to advertising:(a) on any premises within any zone:(i) if the advertising only indicates the purpose for which the premises are or the site is used, and(ii) the Council is satisfied that the advertising will not interfere with the amenity of the area, or(b) on land in the 1 (a) Rural zone, if the advertising is directing the travelling public to tourist areas or tourist facilities, or(c) on any land to which this plan applies:(i) if the advertising forms part of a shelter or seat, or if the advertising is in accordance with any agreement entered into with the Council before the commencement of this plan, and(ii) if the Council is satisfied that the advertising will not interfere with the amenity of the locality.
12 Is development publicly exhibited?
(1) The objective of this clause is to provide for public participation in the decision-making process related to development applications that potentially may affect other properties as well as the property proposed to be developed or are of general public interest.(2) Certain development applications will be publicly exhibited by the Council in accordance with any relevant development control plan.(3) This clause does not apply to an application for development consent to designated development.
13 How are trees and bushland vegetation preserved?
(1) The objective of this clause is the preservation of valuable trees and bushland vegetation in Sutherland Shire.(2) Where it appears to the Council that it is expedient for the purpose of preserving or securing trees and bushland vegetation in order to ensure the integrity of the natural environment for both residents of and visitors to Sutherland Shire, it may make a tree and bushland vegetation preservation order.(3) A tree and bushland vegetation preservation order may prohibit the ringbarking, cutting down, topping, lopping, pruning, removing, injuring or wilful destruction of any bushland vegetation, tree or trees specified in the order except with development consent or the permission of the Council.(4) A tree and bushland vegetation preservation order made in accordance with this clause may apply to any tree or trees, or to any specified class, type or description of trees or to bushland vegetation described in the order.(5) A tree and bushland vegetation preservation order may exempt any tree or any specified class, type or description of trees or bushland vegetation upon land described in that order.(6) A tree and bushland vegetation preservation order, and an amendment or repeal of any such order, has effect only when it has been published in the Gazette and in a local newspaper.(7) A person must not contravene, or cause or permit the contravention of, a tree and bushland vegetation preservation order that is in force.(8) It is a sufficient defence to a prosecution for an offence under this clause if the accused establishes:(a) that the tree or bushland vegetation concerned was dying or dead or had become dangerous, or(b) that taking the action alleged to comprise the offence was reasonably necessary to protect human life, buildings or other property from imminent danger from a bush fire burning in the vicinity of the land on which the tree or bushland vegetation was situated, or(c) that written notice about proposed action to remove trees or bushland vegetation that pose or poses a fire hazard was given to the Council, and the Council, before the action alleged to comprise the offence was taken, confirmed in writing:(i) that the tree or bushland vegetation concerned was in a fuel free zone within the meaning of the document entitled “Planning for Bush Fire Protection” published by the Department of Bush Fire Services, or(ii) that the tree or bushland vegetation concerned was of a species classified by the Council as being likely to present a significant fire hazard, or(d) that written notice about the proposed action alleged to comprise the offence was given to the Council, a period of not less than 14 days occurred after the notice was given (and before the action was taken) and the Council did not advise the person during that period that it opposed the action being taken.In this subclause, notice means a notice that includes the name and address of the person who gives it and that explains that a tree of a named species or bushland vegetation situated in a specified position on land described in the notice is intended to be ringbarked, cut down, topped, lopped, removed, injured or wilfully destroyed for the purpose of bush fire hazard reduction.
(9) The provisions of a tree and bushland vegetation preservation order shall not apply to activities lawfully conducted in accordance with the Telecommunications Act 1992 of the Commonwealth, the Roads Act 1993, the Rural Fires Act 1997, the Local Government Act 1993 or the Environmental Planning and Assessment Act 1979.
14 How are heritage items and relics protected?
(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,(f) development, other than exempt development, on land abutting land that is listed as, or contains an item listed as, a heritage item in Schedule 2 that is not:(i) an item of landscape significance (being an item listed in Schedule 2 with an identifier containing the letter “L” corresponding to the item), or(ii) an item of archaeological significance (being an item listed in Schedule 2 with an identifier containing the letter “A” corresponding to the item).(2) When determining a development application required by this clause, the consent authority:(a) must consider the effect of the development on the heritage significance of the heritage item and its setting, and(b) is to consider any conservation plan that assesses the impact of the proposal on the heritage significance of the item and its setting.(3) The consent authority must notify the Heritage Council if it intends to consent to the demolition of a heritage item that is of State significance (as indicated in Schedule 1 or 2) and consider any comments received from the Heritage Council within 28 days after the notice is sent.(4) This clause does not require consent for:(a) maintenance necessary for ongoing protective care, including bushfire hazard reduction,(b) internal alterations to residential buildings,(c) installation of skylights which would not be visible from the street or other public places,(d) demolition and erection of rear or side fences,(e) lopping or removal of any structures or trees for safety reasons,(f) removal of dead or dying trees, or(g) any other development if the Council considers the proposed development would not adversely affect the heritage significance of the heritage item concerned.
15 What incentives apply to heritage items?
Consent may be granted to development of a site of a heritage item which is a building, except a boatshed or other structure ancillary to a dwelling, regardless of any other provision of this plan, provided the consent authority 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 consent authority’s satisfaction.
16 Development of known or potential archaeological sites
(1) Consent may be granted to the carrying out of development on an archaeological site or potential archaeological site that has Aboriginal cultural heritage significance only if the consent authority:(a) has considered a heritage impact statement of how the proposed development would affect the conservation of the site and any relic known or reasonably likely to be located at the site, and(b) except where the development is integrated development, has notified the Director-General of National Parks and Wildlife of its intention to do so and taken into consideration any comments received from that Director-General within 28 days after the notice was sent.(2) Consent may be granted to the carrying out of development on any other archaeological site or potential archaeological site only if the consent authority:(a) has considered a heritage impact statement of how the proposed development would affect the conservation of the site and any relic known or reasonably likely to be located at the site, and(b) 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.
17 What is exempt development?
(1) Development of minimal environmental impact listed in Schedule 4 is exempt development, subject to subclauses (2) and (3).(2) Development is exempt development only if:(a) the development is in accordance with the specified predetermined development standards and other requirements identified for that development in Schedule 4, and(b) the development is ancillary to an existing legal use of a property and will be contained wholly within the property, and(c) the development complies with the deemed-to-satisfy provisions of the Building Code of Australia (“BCA”) and the standards currently prescribed in the Environmental Planning and Assessment Regulation 2000, and(d) the development does not contravene any condition of a development consent applying to the land, and(e) the development does not result in removal, pruning or lopping of trees or bushland vegetation which would otherwise require consent or the permission of the Council to remove, prune or lop under the Council’s tree and bushland vegetation preservation order, and(f) the development does not result in a lesser landscape area or greater floorspace ratio than allowed by this plan, and(g) the development does not cause interference with the amenity of the neighbourhood because of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil or otherwise, and(h) the development is not carried out within the zone of influence of or over an existing or proposed easement or public sewer main or, if over a sewer main, the proposal complies with the “building over sewer” requirements of Sydney Water Corporation Limited applying to the land, and(i) if appropriate, any installation involved is carried out to the manufacturer’s specifications and requirements, and(j) the development does not restrict any vehicular or pedestrian access to or from the site or reduce the number of car spaces on the site below the minimum required by the Council, and(k) the development does not result in the redirection of surface storm water or run off onto adjoining private property, and(l) (Repealed)(m) the development does not involve excavation beyond 600 millimetres below natural ground level, and(n) it does not involve handling, storing, or using hazardous chemicals or materials otherwise than on a domestic scale (except on farms and at a distance of more than 25 metres from any habitable building), and does not release any hazardous chemicals or materials or any pollutants into the environment, and(o) it is located within a bushfire interface area or bushfire prone area and complies with the Council’s construction standards for buildings in these areas.(3) Development is not exempt development if it is carried out on land that:(a) is listed as, or contains an item listed as, a heritage item in this plan, or(b) is an Aboriginal place under the National Parks and Wildlife Act 1974, or(c) is reserved or dedicated under the Crown Lands Act 1989 for the preservation of flora, fauna or geological formations or for other environmental protection purposes, or(d) is a location of an endangered ecological community or critical habitat as identified in the Threatened Species Conservation Act 1995, or(e) is within the 7 (a) Environmental Protection (Waterways) zone, or(f) is within the 7 (b) Environmental Protection (Bushland) zone, or(g) is within the 7 (c) Environmental Protection (Water Catchment) zone, or(h) is within the 8 (a) National Parks, Nature Reserves and State Recreation Areas zone, or(i) is within 40m of a waterbody, as defined in this plan, where the development requires any excavation, or(j) is affected by a foreshore building line.
18 What is complying development?
(1) Development listed in Schedule 5 is complying development, subject to subclauses (2) and (3).(2) Development is complying development only if:(a) the development is in accordance with the specified predetermined development standards and other requirements identified for that development in Schedule 5, and(b) the proposed development does not involve a building or a site in or on which an existing use, as defined in section 106 of the Environmental Planning and Assessment Act 1979, is being carried out, and(c) it is consistent with any plan of management approved under State Environmental Planning Policy No 44—Koala Habitat Protection, and with any recovery plan or threat abatement plan in force under the Threatened Species Conservation Act 1995 that may apply to the land, and(d) it does not contravene any condition of a development consent applying to the land, and(e) the development complies with the deemed-to-satisfy provisions of the Building Code of Australia (“BCA”) and the standards currently prescribed in the Environmental Planning and Assessment Regulation 2000, and(f) the development does not result in a landscape area less than or floorspace ratio greater than permitted by this plan, and(g) the development does not restrict any vehicular or pedestrian access to or from the site or reduce the number of car spaces on the site below the minimum required by the Council, and(h) the development will not result in removal, pruning or lopping of trees or bushland vegetation which would require the consent or permission of the Council to remove, prune or lop under the Council’s tree and bushland vegetation preservation order, and(i) the development is not carried out within the zone of influence of or over an existing or proposed easement or public sewer main or, if over a sewer main, the proposal complies with the “building over sewer” requirements of Sydney Water Corporation Limited applying to the land, and(j) the development will not result in the redirection of surface storm water or run off onto adjoining private property.(k) (Repealed)(3) Development is not complying development if it is carried out on land that:(a) is identified by the Council as being:(i) within a bushfire interface area, or(ii) subject to flooding, tidal inundation, subsidence or land slip, or(iii) contaminated land, or(b) is listed as, or contains an item listed as, a heritage item in this plan or is on land that abuts a heritage item, or(b1) abuts land that is listed as, or contains an item listed as, a heritage item in Schedule 2 that is not:(i) an item of landscape significance (being an item listed in Schedule 2 with an identifier containing the letter “L” corresponding to the item), or(ii) an item of archaeological significance (being an item listed in Schedule 2 with an identifier containing the letter “A” corresponding to the item),(c) is an Aboriginal place under the National Parks and Wildlife Act 1974, or(d) is reserved or dedicated under the Crown Lands Act 1989 for the preservation of flora, fauna or geological formations or for other environmental protection purposes, or(e) is identified on any of the maps marked “Sutherland Shire Local Environmental Plan 2000—Acid Sulfate Soils Planning Maps” and the Council has not approved an Acid Sulfate Soils Management Plan for the proposed development, or(f) is a location of an endangered ecological community or critical habitat as identified in the Threatened Species Conservation Act 1995, or(g) is within the 1 (a) Rural zone, or(h) is within the 1 (b) Rural (Future Urban) zone, or(i) is within the 6 (a) Public Recreation zone, or(j) is within the 7 (a) Environmental Protection (Waterways) zone, or(k) is within the 7 (b) Environmental Protection (Bushland) zone, or(l) is within the 7 (c) Environmental Protection (Water Catchment) zone, or(m) is within the 8 (a) National Parks, Nature Reserves and State Recreation Areas zone, or(n) has previously been used as a service station, for intensive agriculture, mining or extractive industry, for waste storage or waste treatment, or for the manufacture of chemicals, asbestos or asbestos products and a notice of completion of remediation work for the proposed use has not been given to the Council in accordance with State Environmental Planning Policy No 55—Remediation of Land, or(o) is affected by a foreshore building line, except in Sylvania Waters, or(p) is within 40m of a waterbody, as defined in this plan, where the development requires any excavation, or(q) is adjacent to an arterial road or arterial road reservation where the development proposes a new, or alters an existing, vehicular accessway to that road or reservation.(4) A complying development certificate issued for any such development is to be subject to the conditions for the development specified in any applying development control plan adopted by the Council, as in force when the certificate is issued.
19 What is a foreshore scenic protection area?
(1) The objective of the foreshore scenic protection area is to limit the scale of development and protect the landscape and visual character of foreshore areas of Sutherland Shire.(2) A foreshore scenic protection area is shown on the maps by hatching. It applies to land within a number of zones next to Bate Bay, Port Hacking, the Georges River and Woronora River.(3) Buildings in a foreshore scenic protection area are required by the development control tables to have more landscaped area than buildings outside the area.
20 Foreshore building lines and waterfront development
(1) The objectives of this clause are:(a) preservation and enhancement of the natural features and vegetation near where the land meets the water,(b) restoration of the land below the foreshore building line, so far as practicable, to a natural state, with a minimum intrusion of man-made structures,(c) no buildings below the foreshore building line other than buildings excepted by this clause,(d) a significant reduction in the number of structures below the foreshore building line, particularly on redevelopment of a site,(e) conservation and enhancement of waterfront buildings of heritage value,(f) avoidance of adverse ecological effects on the waterways, and(g) public use of the intertidal areas below the mean high water mark or high water mark, where appropriate.(2) In this clause:foreshore building line for an allotment means:
(a) if the maps indicate by a black line that a foreshore building line applies to the allotment—the line across the allotment parallel to, and at the greater of the following distances from, the mean high water mark at 24 April 1980:(i) the distance specified on the maps, or(ii) 7.5 metres from the mean high water mark for the time being, or(b) if the maps do not indicate by a black line that a foreshore building line applies to the allotment, and the allotment adjoins or is adjacent to the mean high water mark for the time being—the line across the allotment parallel to, and 7.5 metres from, the mean high water mark for the time being (except in respect of land at Sandy Point, where the line is taken to be the greater of the following distances from the tidal water:(i) the 1% Annual Exceedance Probability flood line, or(ii) a line across the allotment parallel to and 7.5 metres from the mean high water mark for the time being), or(c) regardless of paragraphs (a) and (b), if the allotment adjoins a waterfront reserve—the line across the allotment parallel to, and 7.5 metres from, the landward boundary of the waterfront reserve.For the purposes of this definition, the mean high water mark at 24 April 1980 on any land is taken to be as shown on the last Deposited Plan or other plan which defined the mean high water mark and was registered by the Registrar-General on or before 24 April 1980. It is not affected by reclamation, works or other changes before or after that date. Establishing the foreshore building line for an allotment to which paragraph (a) or (b) applies will require reference to the mean high water mark at 24 April 1980 on adjoining or adjacent land in some cases.(3) A person must not erect a building or carry out a work on land between a foreshore building line and the tidal water in respect of which the line is fixed.(4) However, subclause (3) does not apply to:(a) boat sheds,(b) watercraft facilities,(c) in-ground swimming pools, no higher than 300 millimetres above ground level at any point (unless located in the area of Bundeena or Maianbar),(d) works, including mechanical works, to enable pedestrian access,(e) landscaping and barbecues.(4A) Additionally, in respect of land at Sandy Point that is located on the landward side of a line parallel to and 7.5 metres from the mean high water mark, subclause (3) does not apply in relation to the following:(a) development for the purpose of tennis courts and ancillary development (but only if any structures resulting from the ancillary development are non-habitable),(b) development for the purposes of a dwelling-house to be partially located on flood liable land, but only if the Council is satisfied that:(i) the land is categorised as low hazard by a flood study undertaken in accordance with the Floodplain Management Manual prepared by the New South Wales Government, and(ii) the development will not have a significant effect on the depth, velocity or distribution of floodwaters, and(iii) all pedestrian and vehicular access to the dwelling-house will be provided to the part of the dwelling-house that is located above the 1% Annual Exceedance Probability flood line, and(iv) the dwelling-house will be designed and constructed to reduce or eliminate flood damage, and(v) the relevant height limit imposed by clause 34 (2) will not be exceeded, and(vi) the dwelling-house will not unreasonably restrict views from buildings on adjoining lots, and(vii) the appearance of the escarpment defining the limit of the flood plain will not be adversely affected by the cumulative impact of dwelling-house construction.(5) Development consent must not be granted to any development on an allotment of land affected by a foreshore building line, or to any development below the mean high water mark from time to time on an allotment or within the 7 (a) Environmental Protection (Waterways) zone adjoining the allotment, unless the consent authority is satisfied that the following buildings or works (if any) will be removed before, or within a reasonable time after, the development is carried out:(a) any building or work on the allotment between the foreshore building line and the mean high water mark or high water mark, in each case as shown on the latest registered Deposited Plan showing the allotment, not being a building or work specified in subclause (4), or(b) any building or work below the mean high water mark or high water mark, in each case as shown on the latest registered Deposited Plan showing the allotment, being a building or work on the allotment or on land adjacent to the allotment which is in the same ownership as the allotment or to which the owner or occupier of the allotment has some form of occupancy rights, but not being a building or work specified in subclause (4) (b).(6) However, subclause (5) does not apply to a building or work if the consent authority is satisfied that requiring removal of the building or work:(a) would be inconsistent with any of the objectives of this clause, or(b) is not necessary to achieve the objectives of this clause, or(c) is unreasonable or unnecessary in the circumstances of the case, having regard to the provisions of any relevant development control plan.(7) This clause does not apply to buildings or works on reclaimed land, or on land adjacent to reclaimed land, in Sylvania Waters.(8) To avoid doubt, State Environmental Planning Policy No 1—Development Standards applies to a requirement made by subclause (3) in the same way as it applies to a development standard.
21 What public land has been reclassified?
The public land described in Schedule 6 is reclassified as operational land for the purposes of the Local Government Act 1993.
22 Development on land identified on acid sulfate soils planning maps
(1) A person must not, without development consent, carry out works described in the following table on land of the class specified for those works, except as provided by subclause (3).
Class of land as shown on acid sulfate soils planning maps
Works
1
Any works
2
3
4
5
(also refer to clause 65 and clause 69)
(1) Regardless of the development control tables in this plan, consent may be granted to development for the purpose of any of the following:(a) a general store and residential flat building (with a maximum of 3 units) at No 50 Pacific Crescent, Maianbar, on land shown edged heavy black on the map marked “Map 30: No. 50 Pacific Crescent” in Part 1 of Schedule 7 to this plan,(b) a motor showroom and ancillary uses on Nos 28 and 30 Tea Gardens Avenue and Nos 5 to 21 Waratah Street, Kirrawee,(c) outdoor markets on the Cronulla Sutherland Leagues Club site provided that they are confined to the area shown on the map marked “Map 1: Cronulla/Sutherland Leagues Club, Captain Cook Drive, Woolooware” in Schedule 7 to this Plan, operate only one day per week and cease to operate no later than on 31 December 2004,(d) a motor showroom on land shown on the map marked “Map 2: 101–119 Princes Highway, Sylvania” in Schedule 7 to this Plan,(e) car parking ancillary to the use of a motor showroom on land shown on the map marked “Map 4: Rear 101–107 Princes Highway, Sylvania” in Schedule 7 to this Plan,(f) a community facility or tourist information centre on land shown on the map marked “Map 6: RTA Depot—Old Princes Highway, Engadine” in Schedule 7 to this Plan,(g) a recreation facility, being a sailing club, shown on the map marked “Map 7: Burraneer Bay Sailing Club, Burraneer Bay” in Schedule 7 to this Plan,(h) a watercraft facility, beach or foreshore protection work, marina or swimming enclosure on any land within 10 metres of any adjoining land within the 7 (a) Environmental Protection (Waterways) zone,(i) light rail or public transport infrastructure on any land to which this plan applies.(j) a motor showroom with an area set aside exclusively for customer parking, no pedestrian or vehicular access or egress to Kumbardang Avenue and incorporating acceleration and deceleration lanes to and from all egress and access to The Boulevarde, on land shown on map “Map 9: 220–234 The Boulevarde, Nos 1–3 Kiora Road and Nos 1–5 Kumbardang Avenue, Miranda” in Schedule 7 to this Plan.(2) Regardless of the development control table in this plan, the following land may be used for helicopter landings and take-offs associated with emergency situations or, only with development consent, on not more than ten other occasions per year:(a) Sutherland Oval, The Grand Parade, Sutherland,(b) Waratah Park, Sutherland,(c) Heathcote Oval, East Heathcote,(d) “Old Tip site” Illawarra Road, Menai.
The following zones apply as identified on the maps:1 (a) Rural1 (b) Rural (Future Urban)2 (a1) Residential2 (a2) Residential2 (b) Residential2 (c) Residential2 (e1) Residential2 (e2) Residential3 (a) General Business3 (b) Neighbourhood Business4 (a) General Industrial5 (a) Special Uses5 (b) Special Uses (Railways)5 (c) Special Uses (Arterial Road)5 (d) Special Uses (Future Arterial Road)5 (e) Special Uses (Proposed Road)5 (f) Special Uses (Waste Recycling)5 (g) Special Uses (General Road)6 (a) Public Recreation6 (b) Private Recreation6 (c) Regional Recreation6 (d) Future Recreation7 (a) Environmental Protection (Waterways)7 (b) Environmental Protection (Bushland)7 (c) Environmental Protection (Water Catchment)8 (a) National Parks, Nature Reserves and State Recreation Areas9 (a) Mixed Residential/Business