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Lane Cove Local Environmental Plan 2009
Current version for 1 September 2017 to date (accessed 24 September 2017 at 09:48)
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Status information

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Current version for 1 September 2017 to date (accessed 24 September 2017 at 09:48).
Legislation on this site is usually updated within 3 working days after a change to the legislation.

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The provisions displayed in this version of the legislation have all commenced. See Historical notes

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This version of the legislation is compiled and maintained in a database of legislation by the Parliamentary Counsel's Office and published on the NSW legislation website, and is certified as the form of that legislation that is correct under section 45C of the Interpretation Act 1987 .

File last modified 1 September 2017.

Lane Cove Local Environmental Plan 2009

Part 1 Preliminary
1.1   Name of Plan
This Plan is Lane Cove Local Environmental Plan 2009.
1.1AA   Commencement
This Plan commences on the day on which it is published on the NSW legislation website.
1.1A   (Repealed)
1.2   Aims of Plan
(1)  This Plan aims to make local environmental planning provisions for land in Lane Cove in accordance with the relevant standard environmental planning instrument under section 33A of the Act.
(2)  The particular aims of this Plan are as follows:
(a)  to establish, as the first land use priority, Lane Cove’s sustainability in environmental, social and economic terms, based on ecologically sustainable development, inter-generational equity, the application of the precautionary principle and the relationship of each property in Lane Cove with its locality,
(b)  to preserve and, where appropriate, improve the existing character, amenity and environmental quality of the land to which this Plan applies in accordance with the indicated expectations of the community,
(c)  in relation to residential development, to provide a housing mix and density that:
(i)  accords with urban consolidation principles, and
(ii)  is compatible with the existing environmental character of the locality, and
(iii)  has a sympathetic and harmonious relationship with adjoining development,
(d)  in relation to economic activities, to provide a hierarchy of retail, commercial and industrial activities that enables the employment capacity targets of the Metropolitan Strategy to be met, provides employment diversity and is compatible with local amenity, including the protection of the existing village atmosphere of the Lane Cove Town Centre,
(e)  in relation to the management of open space, public and privately-owned bushland, riparian and foreshore land:
(i)  to protect and, where possible, restore all bushland areas, including all rare and threatened species and communities, and
(ii)  to protect and, where possible, restore all riparian land along, and the inter-tidal zones and foreshores of, the Lane Cove River and Sydney Harbour and their tributary creeks, and
(iii)  to make more foreshore land available for public access, and
(iv)  to link existing open space areas for public enjoyment,
(f)  in relation to conservation:
(i)  to protect, maintain and effectively manage public and privately-owned watercourses and areas of riparian land, foreshores and bushland and, where possible, restore them to as close a state to natural as possible, and
(ii)  to ensure that development does not adversely affect the water quality or ecological systems of riparian land or other areas of natural environment, and
(iii)  to control all new buildings to ensure their compatibility with surrounding existing built form and natural environmental character, and
(iv)  to conserve heritage items,
(g)  in relation to community facilities, to provide for the range and types of accessible community facilities that meet the needs of the current and future residents and other users,
(h)  in relation to the principle of integrating land use and transport, to relate development to sustainable traffic levels,
(i)  in relation to accessibility, to increase the number of accessible properties and facilities in Lane Cove,
(j)  in relation to housing, to increase the number of affordable dwellings in Lane Cove and to promote housing choice.
1.3   Land to which Plan applies
This Plan applies to the land identified on the Land Application Map.
1.4   Definitions
The Dictionary at the end of this Plan defines words and expressions for the purposes of this Plan.
1.5   Notes
Notes in this Plan are provided for guidance and do not form part of this Plan.
1.6   Consent authority
The consent authority for the purposes of this Plan is (subject to the Act) the Council.
1.7   Maps
(1)  A reference in this Plan to a named map adopted by this Plan is a reference to a map by that name:
(a)  approved by the Minister when the map is adopted, and
(b)  as amended or replaced from time to time by maps declared by environmental planning instruments to amend or replace that map, and approved by the Minister when the instruments are made.
(1AA)  A reference to the Minister in subclause (1) is taken to be a reference to the Greater Sydney Commission in the case of any map that applies to a local government area in the Greater Sydney Region (within the meaning of the Greater Sydney Commission Act 2015) and that is adopted by a local environmental plan on or after 27 January 2016.
(2)  Any 2 or more named maps may be combined into a single map. In that case, a reference in this Plan to any such named map is a reference to the relevant part or aspect of the single map.
(3)  Any such maps are to be kept and made available for public access in accordance with arrangements approved by the Minister.
(4)  For the purposes of this Plan, a map may be in, and may be kept and made available in, electronic or paper form, or both.
Note.
 The maps adopted by this Plan are to be made available on the official NSW legislation website in connection with this Plan. Requirements relating to the maps are set out in the documents entitled Standard technical requirements for LEP maps and Standard requirements for LEP GIS data which are available on the website of the Department of Planning and Environment.
1.8   Repeal of planning instruments applying to land
(1)  All local environmental plans and deemed environmental planning instruments applying only to the land to which this Plan applies are repealed.
(2)  All local environmental plans and deemed environmental planning instruments applying to the land to which this Plan applies and to other land cease to apply to the land to which this Plan applies.
1.8A   Savings provisions relating to development applications
(1)  If a development application has been made before the commencement of this Plan in relation to land to which this Plan applies and the application has not been finally determined before that commencement, the application must be determined as if this Plan had not commenced.
(2)  A development application made (but not finally determined) before the commencement of Lane Cove Local Environmental Plan 2009 (Amendment No 8) for development on any of Lots 10–12, DP 1056023, or Lots 13–15, DP 1056023, is to be determined and have effect as if that plan had not been made.
(3)  To avoid doubt, Lane Cove Local Environmental Plan 2009 (Amendment No 18) applies to the determination of a development application made (but not finally determined) before the commencement of that Plan.
(4)  To avoid doubt, Lane Cove Local Environmental Plan 2009 (Amendment No 19) applies to the determination of a development application made (but not finally determined) before the commencement of that Plan.
(5)  To avoid doubt, Lane Cove Local Environmental Plan 2009 (Amendment No 20) applies to the determination of a development application made (but not finally determined) before the commencement of that Plan.
1.9   Application of SEPPs
(1)  This Plan is subject to the provisions of any State environmental planning policy that prevails over this Plan as provided by section 36 of the Act.
(2)  The following State environmental planning policies (or provisions) do not apply to the land to which this Plan applies:
1.9A   Suspension of covenants, agreements and instruments
(1)  For the purpose of enabling development on land in any zone to be carried out in accordance with this Plan or with a consent granted under the Act, any agreement, covenant or other similar instrument that restricts the carrying out of that development does not apply to the extent necessary to serve that purpose.
(2)  This clause does not apply:
(a)  to a covenant imposed by the Council or that the Council requires to be imposed, or
(b)  to any prescribed instrument within the meaning of section 183A of the Crown Lands Act 1989, or
(c)  to any conservation agreement within the meaning of the National Parks and Wildlife Act 1974, or
(d)  to any Trust agreement within the meaning of the Nature Conservation Trust Act 2001, or
(e)  to any property vegetation plan within the meaning of the Native Vegetation Act 2003, or
(f)  to any biobanking agreement within the meaning of Part 7A of the Threatened Species Conservation Act 1995, or
(g)  to any planning agreement within the meaning of Division 6 of Part 4 of the Act.
(3)  This clause does not affect the rights or interests of any public authority under any registered instrument.
(4)  Under section 28 of the Act, the Governor, before the making of this clause, approved of subclauses (1)–(3).
Part 2 Permitted or prohibited development
2.1   Land use zones
The land use zones under this Plan are as follows:
Residential Zones
R2 Low Density Residential
R3 Medium Density Residential
R4 High Density Residential
Business Zones
B1 Neighbourhood Centre
B2 Local Centre
B3 Commercial Core
B4 Mixed Use
Industrial Zones
IN2 Light Industrial
IN4 Working Waterfront
Special Purpose Zones
SP2 Infrastructure
Recreation Zones
RE1 Public Recreation
Environment Protection Zones
E2 Environmental Conservation
E4 Environmental Living
2.2   Zoning of land to which Plan applies
For the purposes of this Plan, land is within the zones shown on the Land Zoning Map.
2.3   Zone objectives and Land Use Table
(1)  The Land Use Table at the end of this Part specifies for each zone:
(a)  the objectives for development, and
(b)  development that may be carried out without development consent, and
(c)  development that may be carried out only with development consent, and
(d)  development that is prohibited.
(2)  The consent authority must have regard to the objectives for development in a zone when determining a development application in respect of land within the zone.
(3)  In the Land Use Table at the end of this Part:
(a)  a reference to a type of building or other thing is a reference to development for the purposes of that type of building or other thing, and
(b)  a reference to a type of building or other thing does not include (despite any definition in this Plan) a reference to a type of building or other thing referred to separately in the Land Use Table in relation to the same zone.
(4)  This clause is subject to the other provisions of this Plan.
Notes.
 
1   
Schedule 1 sets out additional permitted uses for particular land.
2   
Schedule 2 sets out exempt development (which is generally exempt from both Parts 4 and 5 of the Act). Development in the land use table that may be carried out without consent is nevertheless subject to the environmental assessment and approval requirements of Part 5 of the Act or, if applicable, Part 3A of the Act.
3   
Schedule 3 sets out complying development (for which a complying development certificate may be issued as an alternative to obtaining development consent).
4   
Clause 2.6 requires consent for subdivision of land.
5   
Part 5 contains other provisions which require consent for particular development.
2.4   Unzoned land
(1)  Development may be carried out on unzoned land only with development consent.
(2)  In deciding whether to grant development consent, the consent authority:
(a)  must consider whether the development will impact on adjoining zoned land and, if so, consider the objectives for development in the zones of the adjoining land, and
(b)  must be satisfied that the development is appropriate and is compatible with permissible land uses in any such adjoining land.
2.5   Additional permitted uses for particular land
(1)  Development on particular land that is described or referred to in Schedule 1 may be carried out:
(a)  with development consent, or
(b)  if the Schedule so provides—without development consent,
in accordance with the conditions (if any) specified in that Schedule in relation to that development.
(2)  This clause has effect despite anything to the contrary in the Land Use Table or other provision of this Plan.
2.6   Subdivision—consent requirements
(1)  Land to which this Plan applies may be subdivided, but only with development consent.
Notes.
 
1   
If a subdivision is specified as exempt development in an applicable environmental planning instrument, such as this Plan or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, the Act enables it to be carried out without development consent.
2   
Part 6 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 provides that the strata subdivision of a building in certain circumstances is complying development.
(2)  Development consent must not be granted for the subdivision of land on which a secondary dwelling is situated if the subdivision would result in the principal dwelling and the secondary dwelling being situated on separate lots, unless the resulting lots are not less than the minimum size shown on the Lot Size Map in relation to that land.
Note.
 The definition of secondary dwelling in the Dictionary requires the dwelling to be on the same lot of land as the principal dwelling.
2.6A, 2.6B   (Repealed)
2.7   Demolition requires development consent
The demolition of a building or work may be carried out only with development consent.
Note.
 If the demolition of a building or work is identified in an applicable environmental planning instrument, such as this Plan or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, as exempt development, the Act enables it to be carried out without development consent.
2.8   Temporary use of land
(1)  The objective of this clause is to provide for the temporary use of land if the use does not compromise future development of the land, or have detrimental economic, social, amenity or environmental effects on the land.
(2)  Despite any other provision of this Plan, development consent may be granted for development on land in any zone for a temporary use for a maximum period of 12 days (whether or not consecutive days) in any period of 12 months.
(3)  Development consent must not be granted unless the consent authority is satisfied that:
(a)  the temporary use will not prejudice the subsequent carrying out of development on the land in accordance with this Plan and any other applicable environmental planning instrument, and
(b)  the temporary use will not adversely impact on any adjoining land or the amenity of the neighbourhood, and
(c)  the temporary use and location of any structures related to the use will not adversely impact on environmental attributes or features of the land, or increase the risk of natural hazards that may affect the land, and
(d)  at the end of the temporary use period the land will, as far as is practicable, be restored to the condition in which it was before the commencement of the use.
(4)  Despite subclause (2), the temporary use of a dwelling as a sales office for a new release area or a new housing estate may exceed the maximum number of days specified in that subclause.
(5)  Subclause (3) (d) does not apply to the temporary use of a dwelling as a sales office mentioned in subclause (4).
Land Use Table
Note.
 A type of development referred to in the Land Use Table is a reference to that type of development only to the extent it is not regulated by an applicable State environmental planning policy. The following State environmental planning policies in particular may be relevant to development on land to which this Plan applies:
State Environmental Planning Policy (Affordable Rental Housing) 2009 (including provision for secondary dwellings)
State Environmental Planning Policy (Infrastructure) 2007—relating to infrastructure facilities such as those that comprise, or are for, air transport, correction, education, electricity generating works and solar energy systems, health services, ports, railways, roads, waste management and water supply systems
Zone R2   Low Density Residential
1   Objectives of zone
•  To provide for the housing needs of the community within a low density residential environment.
•  To enable other land uses that provide facilities or services to meet the day to day needs of residents.
•  To retain, and where appropriate improve, the existing residential amenity of a detached single family dwelling area.
•  To encourage new dwelling houses or extensions of existing dwelling houses that are not highly visible when viewed from the Lane Cove River or Parramatta River.
•  To ensure that landscaping is maintained and enhanced as a major element in the residential environment.
2   Permitted without consent
Home occupations
3   Permitted with consent
Bed and breakfast accommodation; Boarding houses; Centre-based child care facilities; Community facilities; Dual occupancies; Dwelling houses; Group homes; Health consulting rooms; Home businesses; Home industries; Hospitals; Multi dwelling housing; Places of public worship; Respite day care centres; Roads; Signage
4   Prohibited
Any development not specified in item 2 or 3
Zone R3   Medium Density Residential
1   Objectives of zone
•  To provide for the housing needs of the community within a medium density residential environment.
•  To provide a variety of housing types within a medium density residential environment.
•  To enable other land uses that provide facilities or services to meet the day to day needs of residents.
•  To encourage the erection of buildings that are designed in response to the characteristics of the site and locality.
•  To maximise the residential amenity of medium density housing in the area.
•  To provide for a suitable visual transition between high density residential areas and lower density residential areas.
•  To ensure that landscaping is maintained and enhanced as a major element in the residential environment.
2   Permitted without consent
Nil
3   Permitted with consent
Attached dwellings; Bed and breakfast accommodation; Boarding houses; Centre-based child care facilities; Community facilities; Group homes; Home businesses; Home industries; Multi dwelling housing; Neighbourhood shops; Places of public worship; Respite day care centres; Roads; Seniors housing; Signage
4   Prohibited
Any development not specified in item 2 or 3
Zone R4   High Density Residential
1   Objectives of zone
•  To provide for the housing needs of the community within a high density residential environment.
•  To provide a variety of housing types within a high density residential environment.
•  To enable other land uses that provide facilities or services to meet the day to day needs of residents.
•  To provide for a high concentration of housing with good access to transport, services and facilities.
•  To ensure that the existing amenity of residences in the neighbourhood is respected.
•  To avoid the isolation of sites resulting from site amalgamation.
•  To ensure that landscaping is maintained and enhanced as a major element in the residential environment.
2   Permitted without consent
Nil
3   Permitted with consent
Bed and breakfast accommodation; Boarding houses; Centre-based child care facilities; Community facilities; Exhibition homes; Group homes; Home businesses; Home industries; Hotel or motel accommodation; Multi dwelling housing; Neighbourhood shops; Places of public worship; Residential flat buildings; Respite day care centres; Roads; Shop top housing; Signage
4   Prohibited
Any development not specified in item 2 or 3
Zone B1   Neighbourhood Centre
1   Objectives of zone
•  To provide a range of small-scale retail, business and community uses that serve the needs of people who live or work in the surrounding neighbourhood.
•  To encourage urban design maximising attractive public domain and adequate circulation space throughout the neighbourhood centres for current and future users.
•  To ensure that landscaping is a significant element in public and private development viewed from the public domain.
2   Permitted without consent
Nil
3   Permitted with consent
Boarding houses; Business premises; Car parks; Centre-based child care facilities; Community facilities; Medical centres; Neighbourhood shops; Office premises; Respite day care centres; Restaurants or cafes; Roads; Shop top housing; Signage; Take away food and drink premises; Veterinary hospitals
4   Prohibited
Any development not specified in item 2 or 3
Zone B2   Local Centre
1   Objectives of zone
•  To provide a range of retail, business, entertainment and community uses that serve the needs of people who live in, work in and visit the local area.
•  To encourage employment opportunities in accessible locations.
•  To maximise public transport patronage and encourage walking and cycling.
•  To ensure that this centre functions as a Town Centre in the hierarchy of Inner North Sub-region retailing.
•  To permit development for the purposes of offices, community and other facilities.
•  To encourage urban design maximising attractive public domain and adequate circulation space throughout the Lane Cove town centre for current and future users.
•  To ensure that landscaping is a significant element in public and private development viewed from the public domain.
2   Permitted without consent
Nil
3   Permitted with consent
Boarding houses; Car parks; Centre-based child care facilities; Commercial premises; Community facilities; Educational establishments; Entertainment facilities; Function centres; Information and education facilities; Medical centres; Passenger transport facilities; Recreation facilities (indoor); Registered clubs; Respite day care centres; Restricted premises; Roads; Service stations; Shop top housing; Signage; Tourist and visitor accommodation
4   Prohibited
Any development not specified in item 2 or 3
Zone B3   Commercial Core
1   Objectives of zone
•  To provide a wide range of retail, business, office, entertainment, community and other suitable land uses that serve the needs of the local and wider community.
•  To encourage appropriate employment opportunities in accessible locations.
•  To maximise public transport patronage and encourage walking and cycling.
•  To integrate business, retail and other development in accessible locations.
•  To maximise sunlight for surrounding properties and the public domain.
•  To encourage urban design maximising attractive public domain and adequate circulation space throughout the St Leonards commercial centre for current and future users.
2   Permitted without consent
Nil
3   Permitted with consent
Car parks; Centre-based child care facilities; Commercial premises; Community facilities; Educational establishments; Entertainment facilities; Function centres; Hotel or motel accommodation; Information and education facilities; Medical centres; Passenger transport facilities; Recreation facilities (indoor); Registered clubs; Respite day care centres; Restricted premises; Roads; Signage
4   Prohibited
Any development not specified in item 2 or 3
Zone B4   Mixed Use
1   Objectives of zone
•  To provide a mixture of compatible land uses.
•  To integrate suitable business, office, residential, retail and other development in accessible locations so as to maximise public transport patronage and encourage walking and cycling.
•  To encourage urban design maximising attractive public domain and adequate circulation space for current and future users.
•  To maximise sunlight for surrounding properties and the public domain.
2   Permitted without consent
Nil
3   Permitted with consent
Boarding houses; Car parks; Centre-based child care facilities; Commercial premises; Community facilities; Educational establishments; Entertainment facilities; Function centres; Hotel or motel accommodation; Information and education facilities; Medical centres; Multi dwelling housing; Passenger transport facilities; Recreation facilities (indoor); Registered clubs; Residential flat buildings; Respite day care centres; Restricted premises; Roads; Seniors housing; Shop top housing; Signage
4   Prohibited
Any development not specified in item 2 or 3
Zone IN2   Light Industrial
1   Objectives of zone
•  To provide a wide range of light industrial, warehouse and related land uses.
•  To encourage employment opportunities and to support the viability of centres.
•  To minimise any adverse effect of industry on other land uses.
•  To enable other land uses that provide facilities or services to meet the day to day needs of workers in the area.
•  To support and protect industrial land for industrial uses.
•  To ensure that landscaping is a significant element in development viewed from the public domain and neighbouring properties.
•  To recognise the close proximity of this zone to adjoining residential areas and seek to mitigate potential conflict between industrial and residential uses.
2   Permitted without consent
Nil
3   Permitted with consent
Car parks; Centre-based child care facilities; Community facilities; Depots; Food and drink premises; Garden centres; Hardware and building supplies; Industrial training facilities; Light industries; Neighbourhood shops; Places of public worship; Recreation areas; Recreation facilities (indoor); Respite day care centres; Roads; Self-storage units; Sex services premises; Signage; Vehicle sales or hire premises; Warehouse or distribution centres
4   Prohibited
Any development not specified in item 2 or 3
Zone IN4   Working Waterfront
1   Objectives of zone
•  To retain and encourage waterfront industrial and maritime activities.
•  To identify sites for maritime purposes and for activities that require direct waterfront access.
•  To ensure that development does not have an adverse impact on the environmental and visual qualities of the foreshore.
•  To encourage employment opportunities.
•  To minimise any adverse effect of development on land uses in other zones.
2   Permitted without consent
Environmental protection works
3   Permitted with consent
Boat building and repair facilities; Boat launching ramps; Heavy industries; Jetties; Light industries; Port facilities; Roads; Signage
4   Prohibited
Hazardous industries; Offensive industries; Any other development not specified in item 2 or 3
Zone SP2   Infrastructure
1   Objectives of zone
•  To provide for infrastructure and related uses.
•  To prevent development that is not compatible with or that may detract from the provision of infrastructure.
2   Permitted without consent
Nil
3   Permitted with consent
The purpose shown on the Land Zoning Map, including any development that is ordinarily incidental or ancillary to development for that purpose; Roads; Signage
4   Prohibited
Any development not specified in item 2 or 3
Zone RE1   Public Recreation
1   Objectives of zone
•  To enable land to be used for public open space or recreational purposes.
•  To provide a range of recreational settings and activities and compatible land uses.
•  To protect and enhance the natural environment for recreational purposes.
•  To make provision for rights of public access to more foreshore land and to link existing open space areas.
2   Permitted without consent
Environmental protection works
3   Permitted with consent
Centre-based child care facilities; Community facilities; Environmental facilities; Kiosks; Marinas; Mooring pens; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Respite day care centres; Restaurants or cafes; Roads; Signage; Take away food and drink premises
4   Prohibited
Any development not specified in item 2 or 3
Zone E2   Environmental Conservation
1   Objectives of zone
•  To protect, manage and restore areas of high ecological, scientific, cultural or aesthetic values.
•  To prevent development that could destroy, damage or otherwise have an adverse effect on those values.
2   Permitted without consent
Environmental protection works
3   Permitted with consent
Environmental facilities; Roads
4   Prohibited
Business premises; Hotel or motel accommodation; Industries; Multi dwelling housing; Recreation facilities (major); Residential flat buildings; Restricted premises; Retail premises; Seniors housing; Service stations; Warehouse or distribution centres; Any other development not specified in item 2 or 3
Zone E4   Environmental Living
1   Objectives of zone
•  To provide for low-impact residential development in areas with special ecological, scientific or aesthetic values.
•  To ensure that residential development does not have an adverse effect on those values.
2   Permitted without consent
Home occupations
3   Permitted with consent
Bed and breakfast accommodation; Building identification signs; Business identification signs; Community facilities; Dwelling houses; Dual occupancies (attached); Environmental protection works; Health consulting rooms; Home businesses; Home industries; Recreation areas; Roads
4   Prohibited
Industries; Service stations; Warehouse or distribution centres; Any other development not specified in item 2 or 3
Part 3 Exempt and complying development
3.1   Exempt development
Note.
 Under section 76 of the Act, exempt development may be carried out without the need for development consent under Part 4 of the Act or for assessment under Part 5 of the Act.
The section states that exempt development:
(a)  must be of minimal environmental impact, and
(b)  cannot be carried out in a declared area of outstanding biodiversity value under the Biodiversity Conservation Act 2016 or declared critical habitat under Part 7A of the Fisheries Management Act 1994, and
(c)  cannot be carried out in a wilderness area (identified under the Wilderness Act 1987).
(1)  The objective of this clause is to identify development of minimal environmental impact as exempt development.
(2)  Development specified in Schedule 2 that meets the standards for the development contained in that Schedule and that complies with the requirements of this Part is exempt development.
(3)  To be exempt development, the development:
(a)  must meet the relevant deemed-to-satisfy provisions of the Building Code of Australia or, if there are no such relevant provisions, must be structurally adequate, and
(b)  must not, if it relates to an existing building, cause the building to contravene the Building Code of Australia, and
(c)  must not be designated development, and
(d)  must not be carried out on land that comprises, or on which there is, an item that is listed on the State Heritage Register under the Heritage Act 1977 or that is subject to an interim heritage order under the Heritage Act 1977.
(e)    (Repealed)
(4)  Development that relates to an existing building that is classified under the Building Code of Australia as class 1b or class 2–9 is exempt development only if:
(a)  the building has a current fire safety certificate or fire safety statement, or
(b)  no fire safety measures are currently implemented, required or proposed for the building.
(4A)    (Repealed)
(5)  To be exempt development, the development must:
(a)  be installed in accordance with the manufacturer’s specifications, if applicable, and
(b)  not involve the removal, pruning or other clearing of vegetation that requires a permit, development consent or other approval unless it is undertaken in accordance with a permit, development consent or other approval.
(6)  A heading to an item in Schedule 2 is part of that Schedule.
3.2   Complying development
(1)  The objective of this clause is to identify development as complying development.
(2)  Development specified in Part 1 of Schedule 3 that is carried out in compliance with:
(a)  the development standards specified in relation to that development, and
(b)  the requirements of this Part,
is complying development.
Note.
 See also clause 5.8 (3) which provides that the conversion of fire alarms is complying development in certain circumstances.
(3)  To be complying development, the development must:
(a)  be permissible, with development consent, in the zone in which it is carried out, and
(b)  meet the relevant deemed-to-satisfy provisions of the Building Code of Australia, and
(c)  have an approval, if required by the Local Government Act 1993, from the Council for an on-site effluent disposal system if the development is undertaken on unsewered land.
(4)  A complying development certificate for development specified in Part 1 of Schedule 3 is subject to the conditions (if any) set out or referred to in Part 2 of that Schedule.
(4A)    (Repealed)
(5)  A heading to an item in Schedule 3 is part of that Schedule.
3.3   Environmentally sensitive areas excluded
(1)  Exempt or complying development must not be carried out on any environmentally sensitive area for exempt or complying development.
(2)  For the purposes of this clause:
environmentally sensitive area for exempt or complying development means any of the following:
(a)  the coastal waters of the State,
(b)  a coastal lake,
(d)  land reserved as an aquatic reserve under the Fisheries Management Act 1994 or as a marine park under the Marine Parks Act 1997,
(e)  land within a wetland of international significance declared under the Ramsar Convention on Wetlands or within a World heritage area declared under the World Heritage Convention,
(f)  land within 100 metres of land to which paragraph (c), (d) or (e) applies,
(g)  land identified in this or any other environmental planning instrument as being of high Aboriginal cultural significance or high biodiversity significance,
(h)  land reserved under the National Parks and Wildlife Act 1974 or land acquired under Part 11 of that Act,
(i)  land reserved or dedicated under the Crown Lands Act 1989 for the preservation of flora, fauna, geological formations or for other environmental protection purposes,
(j)  land that is a declared area of outstanding biodiversity value under the Biodiversity Conservation Act 2016 or declared critical habitat under Part 7A of the Fisheries Management Act 1994.
Part 4 Principal development standards
4.1   Minimum subdivision lot size
(1)  The objectives of this clause are as follows:
(a)  to promote consistent subdivision and development patterns in zones.
(2)  This clause applies to a subdivision of any land shown on the Lot Size Map that requires development consent and that is carried out after the commencement of this Plan.
(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.
(4A)  Despite subclause (3), the size of a lot for the purposes of a dual occupancy must not be less than:
(a)  for dual occupancy (attached)—750 square metres, and
(b)  for dual occupancy (detached)—900 square metres.
4.1AA   Minimum subdivision lot size for community title schemes
[Not adopted]
4.2   Rural subdivision
[Not applicable]
4.3   Height of buildings
(1)  The objectives of this clause are as follows:
(a)  to minimise any overshadowing, loss of privacy and visual impacts of development on neighbouring properties, particularly where zones meet, and
(b)  to maximise sunlight for the public domain, and
(c)  to relate development to topography.
(2)  The height of a building on any land is not to exceed the maximum height shown for the land on the Height of Buildings Map.
(2A)  Despite subclause (2), the maximum height for multi dwelling housing on land in Zone R2 Low Density Residential is 5 metres.
4.4   Floor space ratio
(1)  The objectives of this clause are as follows:
(a)  to ensure that the bulk and scale of development is compatible with the character of the locality.
(2)  The maximum floor space ratio for a building on any land is not to exceed the floor space ratio shown for the land on the Floor Space Ratio Map.
(2A)  Despite subclause (2):
(a)  the maximum floor space ratio for multi dwelling housing on land in Area 1 on the Floor Space Ratio Map is 0.4:1, and
(b)  the maximum floor space ratio for a building containing shop top housing on land in Area 2 on the Floor Space Ratio Map is 2.5:1.
4.5   Calculation of floor space ratio and site area
(1) Objectives The objectives of this clause are as follows:
(a)  to define floor space ratio,
(b)  to set out rules for the calculation of the site area of development for the purpose of applying permitted floor space ratios, including rules to:
(i)  prevent the inclusion in the site area of an area that has no significant development being carried out on it, and
(ii)  prevent the inclusion in the site area of an area that has already been included as part of a site area to maximise floor space area in another building, and
(iii)  require community land and public places to be dealt with separately.
(2) Definition of “floor space ratio” The floor space ratio of buildings on a site is the ratio of the gross floor area of all buildings within the site to the site area.
(3) Site area In determining the site area of proposed development for the purpose of applying a floor space ratio, the site area is taken to be:
(a)  if the proposed development is to be carried out on only one lot, the area of that lot, or
(b)  if the proposed development is to be carried out on 2 or more lots, the area of any lot on which the development is proposed to be carried out that has at least one common boundary with another lot on which the development is being carried out.
In addition, subclauses (4)–(7) apply to the calculation of site area for the purposes of applying a floor space ratio to proposed development.
(4) Exclusions from site area The following land must be excluded from the site area:
(a)  land on which the proposed development is prohibited, whether under this Plan or any other law,
(b)  community land or a public place (except as provided by subclause (7)).
(5) Strata subdivisions The area of a lot that is wholly or partly on top of another or others in a strata subdivision is to be included in the calculation of the site area only to the extent that it does not overlap with another lot already included in the site area calculation.
(6) Only significant development to be included The site area for proposed development must not include a lot additional to a lot or lots on which the development is being carried out unless the proposed development includes significant development on that additional lot.
(7) Certain public land to be separately considered For the purpose of applying a floor space ratio to any proposed development on, above or below community land or a public place, the site area must only include an area that is on, above or below that community land or public place, and is occupied or physically affected by the proposed development, and may not include any other area on which the proposed development is to be carried out.
(8) Existing buildings The gross floor area of any existing or proposed buildings within the vertical projection (above or below ground) of the boundaries of a site is to be included in the calculation of the total floor space for the purposes of applying a floor space ratio, whether or not the proposed development relates to all of the buildings.
(9) Covenants to prevent “double dipping” When development consent is granted to development on a site comprised of 2 or more lots, a condition of the consent may require a covenant to be registered that prevents the creation of floor area on a lot (the restricted lot) if the consent authority is satisfied that an equivalent quantity of floor area will be created on another lot only because the site included the restricted lot.
(10) Covenants affect consolidated sites If:
(a)  a covenant of the kind referred to in subclause (9) applies to any land (affected land), and
(b)  proposed development relates to the affected land and other land that together comprise the site of the proposed development,
the maximum amount of floor area allowed on the other land by the floor space ratio fixed for the site by this Plan is reduced by the quantity of floor space area the covenant prevents being created on the affected land.
(11) Definition In this clause, public place has the same meaning as it has in the Local Government Act 1993.
4.6   Exceptions to development standards
(1)  The objectives of this clause are as follows:
(a)  to provide an appropriate degree of flexibility in applying certain development standards to particular development,
(b)  to achieve better outcomes for and from development by allowing flexibility in particular circumstances.
(2)  Development consent may, subject to this clause, be granted for development even though the development would contravene a development standard imposed by this or any other environmental planning instrument. However, this clause does not apply to a development standard that is expressly excluded from the operation of this clause.
(3)  Development consent must not be granted for development that contravenes a development standard unless the consent authority has considered a written request from the applicant that seeks to justify the contravention of the development standard by demonstrating:
(a)  that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case, and
(b)  that there are sufficient environmental planning grounds to justify contravening the development standard.
(4)  Development consent must not be granted for development that contravenes a development standard unless:
(a)  the consent authority is satisfied that:
(i)  the applicant’s written request has adequately addressed the matters required to be demonstrated by subclause (3), and
(ii)  the proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out, and
(b)  the concurrence of the Secretary has been obtained.
(5)  In deciding whether to grant concurrence, the Secretary must consider:
(a)  whether contravention of the development standard raises any matter of significance for State or regional environmental planning, and
(b)  the public benefit of maintaining the development standard, and
(c)  any other matters required to be taken into consideration by the Secretary before granting concurrence.
(6)  Development consent must not be granted under this clause for a subdivision of land in Zone RU1 Primary Production, Zone RU2 Rural Landscape, Zone RU3 Forestry, Zone RU4 Primary Production Small Lots, Zone RU6 Transition, Zone R5 Large Lot Residential, Zone E2 Environmental Conservation, Zone E3 Environmental Management or Zone E4 Environmental Living if:
(a)  the subdivision will result in 2 or more lots of less than the minimum area specified for such lots by a development standard, or
(b)  the subdivision will result in at least one lot that is less than 90% of the minimum area specified for such a lot by a development standard.
Note.
 When this Plan was made it did not include Zone RU1 Primary Production, Zone RU2 Rural Landscape, Zone RU3 Forestry, Zone RU4 Primary Production Small Lots, Zone RU6 Transition, Zone R5 Large Lot Residential, Zone E3 Environmental Management or Zone E4 Environmental Living.
(7)  After determining a development application made pursuant to this clause, the consent authority must keep a record of its assessment of the factors required to be addressed in the applicant’s written request referred to in subclause (3).
(8)  This clause does not allow development consent to be granted for development that would contravene any of the following:
(a)  a development standard for complying development,
(b)  a development standard that arises, under the regulations under the Act, in connection with a commitment set out in a BASIX certificate for a building to which State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 applies or for the land on which such a building is situated,
(c)  clause 5.4.
Part 5 Miscellaneous provisions
5.1   Land acquisition within certain zones
(1)  The objective of this clause is to identify, for the purposes of section 27 of the Act, the authority of the State that will be the relevant authority to acquire land reserved for certain public purposes if the land is required to be acquired under Division 3 of Part 2 of the Land Acquisition (Just Terms Compensation) Act 1991 (the owner-initiated acquisition provisions).
Note.
 If the landholder will suffer hardship if there is any delay in the land being acquired by the relevant authority, section 23 of the Land Acquisition (Just Terms Compensation) Act 1991 requires the authority to acquire the land.
(2)  The authority of the State that will be the relevant authority to acquire land, if the land is required to be acquired under the owner-initiated acquisition provisions, is the authority of the State specified below in relation to the land shown on the Land Reservation Acquisition Map (or, if an authority of the State is not specified in relation to land required to be so acquired, the authority designated or determined under those provisions).
Type of land shown on Map
Authority of the State
Zone RE1 Public Recreation and marked “Local open space”
Council
Zone RE1 Public Recreation and marked “Regional open space”
The corporation constituted under section 8 of the Act
Zone SP2 Infrastructure and marked “Classified road”
Roads and Maritime Services
Zone E1 National Parks and Nature Reserves and marked “National Park”
Minister administering the National Parks and Wildlife Act 1974
Zone E2 Environmental Conservation and marked “Local open space”
Council
Zone E2 Environmental Conservation and marked “Regional open space”
The corporation constituted under section 8 of the Act
(3)  Development on land acquired by an authority of the State under the owner-initiated acquisition provisions may, before it is used for the purpose for which it is reserved, be carried out, with development consent, for any purpose.
5.2   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 4 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 4 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 4:
(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 4, 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 4, 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 4.
5.3   Development near zone boundaries
[Not adopted]
5.4   Controls relating to miscellaneous permissible uses
(1) Bed and breakfast accommodation If development for the purposes of bed and breakfast accommodation is permitted under this Plan, the accommodation that is provided to guests must consist of no more than 3 bedrooms.
Note.
 Any such development that provides for a certain number of guests or rooms may involve a change in the class of building under the Building Code of Australia.
(2) Home businesses If development for the purposes of a home business is permitted under this Plan, the carrying on of the business must not involve the use of more than 30 square metres of floor area.
(3) Home industries If development for the purposes of a home industry is permitted under this Plan, the carrying on of the home industry must not involve the use of more than 30 square metres of floor area.
(4) Industrial retail outlets If development for the purposes of an industrial retail outlet is permitted under this Plan, the retail floor area must not exceed:
(a)  1% of the gross floor area of the industry or rural industry located on the same land as the retail outlet, or
(b)  400 square metres,
whichever is the lesser.
(5) Farm stay accommodation If development for the purposes of farm stay accommodation is permitted under this Plan, the accommodation that is provided to guests must consist of no more than 3 bedrooms.
(6) Kiosks If development for the purposes of a kiosk is permitted under this Plan, the gross floor area must not exceed 20 square metres.
(7) Neighbourhood shops If development for the purposes of a neighbourhood shop is permitted under this Plan, the retail floor area must not exceed:
(a)  if the property fronts a local road—300 square metres, and
(b)  if the property fronts any other road—400 square metres.
(8) Roadside stalls If development for the purposes of a roadside stall is permitted under this Plan, the gross floor area must not exceed 8 square metres.
(9) Secondary dwellings If development for the purposes of a secondary dwelling is permitted under this Plan, the total floor area of the dwelling (excluding any area used for parking) must not exceed whichever of the following is the greater:
(a)  60 square metres,
(b)  100% of the total floor area of the principal dwelling.
5.5   Development within the coastal zone
[Not applicable]
5.6   Architectural roof features
(1)  The objectives of this clause are as follows:
(a)  to facilitate innovative design without significant impact on local amenity.
(2)  Development that includes an architectural roof feature that exceeds, or causes a building to exceed, the height limits set by clause 4.3 may be carried out, but only with development consent.
(3)  Development consent must not be granted to any such development unless the consent authority is satisfied that:
(a)  the architectural roof feature:
(i)  comprises a decorative element on the uppermost portion of a building, and
(ii)  is not an advertising structure, and
(iii)  does not include floor space area and is not reasonably capable of modification to include floor space area, and
(iv)  will cause minimal overshadowing, and
(b)  any building identification signage or equipment for servicing the building (such as plant, lift motor rooms, fire stairs and the like) contained in or supported by the roof feature is fully integrated into the design of the roof feature.
5.7   Development below mean high water mark
(1)  The objective of this clause is to ensure appropriate environmental assessment for development carried out on land covered by tidal waters.
(2)  Development consent is required to carry out development on any land below the mean high water mark of any body of water subject to tidal influence (including the bed of any such water).
5.8   Conversion of fire alarms
(1)  This clause applies to a fire alarm system that can be monitored by Fire and Rescue NSW or by a private service provider.
(2)  The following development may be carried out, but only with development consent:
(a)  converting a fire alarm system from connection with the alarm monitoring system of Fire and Rescue NSW to connection with the alarm monitoring system of a private service provider,
(b)  converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with the alarm monitoring system of another private service provider,
(c)  converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with a different alarm monitoring system of the same private service provider.
(3)  Development to which subclause (2) applies is complying development if it consists only of:
(a)  internal alterations to a building, or
(b)  internal alterations to a building together with the mounting of an antenna, and any support structure, on an external wall or roof of a building so as to occupy a space of not more than 450mm × 100mm × 100mm.
(4)  A complying development certificate for any such complying development is subject to a condition that any building work may only be carried out between 7 am and 6 pm on Monday to Friday and between 7 am and 5 pm on Saturday, and must not be carried out on a Sunday or a public holiday.
(5)  In this clause:
private service provider means a person or body that has entered into an agreement with Fire and Rescue NSW to monitor fire alarm systems.
5.9, 5.9AA   (Repealed)
5.10   Heritage conservation
Note.
 Heritage items (if any) are listed and described in Schedule 5. Heritage conservation areas (if any) are shown on the Heritage Map as well as being described in Schedule 5.
(1) Objectives The objectives of this clause are as follows:
(a)  to conserve the environmental heritage of Lane Cove,
(b)  to conserve the heritage significance of heritage items and heritage conservation areas, including associated fabric, settings and views,
(c)  to conserve archaeological sites,
(d)  to conserve Aboriginal objects and Aboriginal places of heritage significance.
(2) Requirement for consent Development consent is required for any of the following:
(a)  demolishing or moving any of the following or altering the exterior of any of the following (including, in the case of a building, making changes to its detail, fabric, finish or appearance):
(i)  a heritage item,
(ii)  an Aboriginal object,
(iii)  a building, work, relic or tree within a heritage conservation area,
(b)  altering a heritage item that is a building by making structural changes to its interior or by making changes to anything inside the item that is specified in Schedule 5 in relation to the item,
(c)  disturbing or excavating an archaeological site while knowing, or having reasonable cause to suspect, that the disturbance or excavation will or is likely to result in a relic being discovered, exposed, moved, damaged or destroyed,
(d)  disturbing or excavating an Aboriginal place of heritage significance,
(e)  erecting a building on land:
(i)  on which a heritage item is located or that is within a heritage conservation area, or
(ii)  on which an Aboriginal object is located or that is within an Aboriginal place of heritage significance,
(f)  subdividing land:
(i)  on which a heritage item is located or that is within a heritage conservation area, or
(ii)  on which an Aboriginal object is located or that is within an Aboriginal place of heritage significance.
(3) When consent not required However, development consent under this clause is not required if:
(a)  the applicant has notified the consent authority of the proposed development and the consent authority has advised the applicant in writing before any work is carried out that it is satisfied that the proposed development:
(i)  is of a minor nature or is for the maintenance of the heritage item, Aboriginal object, Aboriginal place of heritage significance or archaeological site or a building, work, relic, tree or place within the heritage conservation area, and
(ii)  would not adversely affect the heritage significance of the heritage item, Aboriginal object, Aboriginal place, archaeological site or heritage conservation area, or
(b)  the development is in a cemetery or burial ground and the proposed development:
(i)  is the creation of a new grave or monument, or excavation or disturbance of land for the purpose of conserving or repairing monuments or grave markers, and
(ii)  would not cause disturbance to human remains, relics, Aboriginal objects in the form of grave goods, or to an Aboriginal place of heritage significance, or
(c)  the development is limited to the removal of a tree or other vegetation that the Council is satisfied is a risk to human life or property, or
(d)  the development is exempt development.
(4) Effect of proposed development on heritage significance The consent authority must, before granting consent under this clause in respect of a heritage item or heritage conservation area, consider the effect of the proposed development on the heritage significance of the item or area concerned. This subclause applies regardless of whether a heritage management document is prepared under subclause (5) or a heritage conservation management plan is submitted under subclause (6).
(5) Heritage assessment The consent authority may, before granting consent to any development:
(a)  on land on which a heritage item is located, or
(b)  on land that is within a heritage conservation area, or
(c)  on land that is within the vicinity of land referred to in paragraph (a) or (b),
require a heritage management document to be prepared that assesses the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage item or heritage conservation area concerned.
(6) Heritage conservation management plans The consent authority may require, after considering the heritage significance of a heritage item and the extent of change proposed to it, the submission of a heritage conservation management plan before granting consent under this clause.
(7) Archaeological sites The consent authority must, before granting consent under this clause to the carrying out of development on an archaeological site (other than land listed on the State Heritage Register or to which an interim heritage order under the Heritage Act 1977 applies):
(a)  notify the Heritage Council of its intention to grant consent, and
(b)  take into consideration any response received from the Heritage Council within 28 days after the notice is sent.
(8) Aboriginal places of heritage significance The consent authority must, before granting consent under this clause to the carrying out of development in an Aboriginal place of heritage significance:
(a)  consider the effect of the proposed development on the heritage significance of the place and any Aboriginal object known or reasonably likely to be located at the place by means of an adequate investigation and assessment (which may involve consideration of a heritage impact statement), and
(b)  notify the local Aboriginal communities, in writing or in such other manner as may be appropriate, about the application and take into consideration any response received within 28 days after the notice is sent.
(9) Demolition of nominated State heritage items The consent authority must, before granting consent under this clause for the demolition of a nominated State heritage item:
(a)  notify the Heritage Council about the application, and
(b)  take into consideration any response received from the Heritage Council within 28 days after the notice is sent.
(10) Conservation incentives The consent authority may grant consent to development for any purpose of a building that is a heritage item or of the land on which such a building is erected, or for any purpose on an Aboriginal place of heritage significance, even though development for that purpose would otherwise not be allowed by this Plan, if the consent authority is satisfied that:
(a)  the conservation of the heritage item or Aboriginal place of heritage significance is facilitated by the granting of consent, and
(b)  the proposed development is in accordance with a heritage management document that has been approved by the consent authority, and
(c)  the consent to the proposed development would require that all necessary conservation work identified in the heritage management document is carried out, and
(d)  the proposed development would not adversely affect the heritage significance of the heritage item, including its setting, or the heritage significance of the Aboriginal place of heritage significance, and
(e)  the proposed development would not have any significant adverse effect on the amenity of the surrounding area.
5.11   Bush fire hazard reduction
Bush fire hazard reduction work authorised by the Rural Fires Act 1997 may be carried out on any land without development consent.
Note.
 The Rural Fires Act 1997 also makes provision relating to the carrying out of development on bush fire prone land.
5.12   Infrastructure development and use of existing buildings of the Crown
(1)  This Plan does not restrict or prohibit, or enable the restriction or prohibition of, the carrying out of any development, by or on behalf of a public authority, that is permitted to be carried out with or without development consent, or that is exempt development, under State Environmental Planning Policy (Infrastructure) 2007.
(2)  This Plan does not restrict or prohibit, or enable the restriction or prohibition of, the use of existing buildings of the Crown by the Crown.
5.13   Eco-tourist facilities
[Not applicable]
5.14   Siding Spring Observatory—maintaining dark sky
[Not adopted]
5.15   Defence communications facility
[Not adopted]
Part 6 Additional local provisions
6.1   Acid sulfate soils
(1)  The objective of this clause is to ensure that development does not disturb, expose or drain acid sulfate soils and cause environmental damage.
(2)  Development consent is required for the carrying out of works described in the Table to this subclause on land shown on the Acid Sulfate Soils Map as being of the class specified for those works.
Class of land
Works
1
Any works.
2
Works below the natural ground surface.
Works by which the watertable is likely to be lowered.
3
Works more than 1 metre below the natural ground surface.
Works by which the watertable is likely to be lowered more than 1 metre below the natural ground surface.
4
Works more than 2 metres below the natural ground surface.
Works by which the watertable is likely to be lowered more than 2 metres below the natural ground surface.
5
Works within 500 metres of adjacent Class 1, 2, 3 or 4 land that is below 5 metres Australian Height Datum and by which the watertable is likely to be lowered below 1 metre Australian Height Datum on adjacent Class 1, 2, 3 or 4 land.
(3)  Development consent must not be granted under this clause for the carrying out of works unless an acid sulfate soils management plan has been prepared for the proposed works in accordance with the Acid Sulfate Soils Manual and has been provided to the consent authority.
(4)  Despite subclause (2), development consent is not required under this clause for the carrying out of works if:
(a)  a preliminary assessment of the proposed works prepared in accordance with the Acid Sulfate Soils Manual indicates that an acid sulfate soils management plan is not required for the works, and
(b)  the preliminary assessment has been provided to the consent authority and the consent authority has confirmed the assessment by notice in writing to the person proposing to carry out the works.
(5)  Despite subclause (2), development consent is not required under this clause for the carrying out of any of the following works by a public authority (including ancillary work such as excavation, construction of access ways or the supply of power):
(a)  emergency work, being the repair or replacement of the works of the public authority that is required to be carried out urgently because the works have been damaged, have ceased to function or pose a risk to the environment or to public health and safety,
(b)  routine maintenance work, being the periodic inspection, cleaning, repair or replacement of the works of the public authority (other than work that involves the disturbance of more than 1 tonne of soil),
(c)  minor work, being work that costs less than $20,000 (other than drainage work).
(6)  Despite subclause (2), development consent is not required under this clause to carry out any works if:
(a)  the works involve the disturbance of less than 1 tonne of soil, such as occurs in carrying out agriculture, the construction or maintenance of drains, extractive industries, dredging, the construction of artificial water bodies (including canals, dams and detention basins) or foundations, or flood mitigation works, or
(b)  the works are not likely to lower the watertable.
6.1A   Earthworks
(1)  The objectives of this clause are as follows:
(a)  to ensure that earthworks for which development consent is required will not have a detrimental impact on environmental functions and processes, neighbouring uses, cultural or heritage items or features of the surrounding land,
(b)  to allow earthworks of a minor nature without requiring separate development consent.
(2)  Development consent is required for earthworks unless:
(a)  the work is exempt development under this Plan or another applicable environmental planning instrument, or
(b)  the work is ancillary to other development for which development consent has been given.
(3)  Before granting development consent for earthworks, the consent authority must consider the following matters:
(a)  the likely disruption of, or any detrimental effect on, existing drainage patterns and soil stability in the locality,
(b)  the effect of the proposed development on the likely future use or redevelopment of the land,
(c)  the quality of the fill or the soil to be excavated, or both,
(d)  the effect of the proposed development on the existing and likely amenity of adjoining properties,
(e)  the source of any fill material and the destination of any excavated material,
(f)  the likelihood of disturbing relics,
(g)  the proximity to and potential for adverse impacts on any watercourse, drinking water catchment or environmentally sensitive area.
Note.
 The National Parks and Wildlife Act 1974, particularly section 86, deals with disturbing or excavating land and Aboriginal objects.
6.2   Foreshore building line
(1)  The objective of this clause is to ensure that development in the foreshore area will not impact on natural foreshore processes or affect the significance and amenity of the area.
(2)  Development consent must not be granted for development on land in the foreshore area except for the following purposes:
(a)  the extension, alteration or rebuilding of an existing building wholly or partly in the foreshore area,
(b)  the erection of a building in the foreshore area, if the levels, depth or other exceptional features of the site make it appropriate to do so,
(c)  development for the purposes of boat sheds, sea retaining walls, wharves, slipways, jetties, waterway access stairs, swimming pools, fences, cycleways, walking trails, picnic facilities or other recreation facilities (outdoors).
(3)  Development consent must not be granted under subclause (2) unless the consent authority is satisfied that:
(a)  the development will contribute to achieving the objectives for the zone in which the land is located, and
(b)  the appearance of any proposed structure, from both the waterway and adjacent foreshore areas, will be compatible with the surrounding area, and
(c)  the development will not cause environmental harm such as:
(i)  pollution or siltation of the waterway, or
(ii)  an adverse effect on surrounding uses, marine habitat, wetland areas, flora or fauna habitats, or
(iii)  an adverse effect on drainage patterns, and
(d)  the development will not cause congestion of, or generate conflicts between, people using open space areas or the waterway, and
(e)  opportunities to provide continuous public access along the foreshore and to the waterway will not be compromised, and
(f)  any historic, scientific, cultural, social, archaeological, architectural, natural or aesthetic significance of the land on which the development is to be carried out and of surrounding land will be maintained, and
(g)  in the case of development for the alteration or rebuilding of an existing building wholly or partly in the foreshore area, the alteration or rebuilding will not have an adverse impact on the amenity or aesthetic appearance of the foreshore, and
(h)  sea level rise and change of flooding patterns as a result of climate change have been considered.
6.3   Riparian land
(1)  The objective of this clause is to ensure that development does not adversely impact on riparian land.
(2)  This clause applies to land shown as “riparian land” on the Riparian Land Map.
(3)  Despite any other provision of this Plan, development consent must not be granted for development on land to which this clause applies unless the consent authority has considered the impact of the proposed development on the land and any opportunities for rehabilitation of aquatic and riparian vegetation and habitat on that land.
6.4   Environmental protection land
(1)  This clause applies to land shown as “environmental protection land” on the Environmental Protection Land Map.
(2)  Despite any other provision of this Plan, development consent must not be granted for development on land to which this clause applies unless the consent authority has considered the impact of the proposed development on the vegetation, topography and distinctive features of the land.
6.5   Sex services premises
Development consent must not be granted to the carrying out of development for the purpose of sex services premises unless the consent authority is satisfied that:
(a)  for sex services premises permitted on land in Zone B3 Commercial Core under Schedule 1—the only access to the premises is from the Pacific Highway, and
(b)  for sex services premises permitted on land in Zone IN2 Light Industrial—the premises are located more than 100 metres from any school.
6.6   Development at Pacific Highway, St Leonards
(1)  This clause applies to the following land at St Leonards:
(a)  472–484 Pacific Highway, being Lot 1, DP 628513 (Site A),
(b)  486–494 Pacific Highway, being SP 73071 (Site B),
(c)  496–498 Pacific Highway, being Lot 1, DP 1179636 (Site C),
(d)  500 Pacific Highway, being SP 82937 (Site D),
(e)  504 Pacific Highway, being Lot 1, DP 1203289 (Site E).
(2)  Despite clause 4.3 (2), the maximum height for a building on Site A or Site B is:
(a)  the height shown for the land on the Height of Buildings Map, but only if Site A and Site B are consolidated into a single lot, or
(b)  65 metres.
(3)  Despite clause 4.3 (2), the maximum height for a building on Site D is:
(a)  the height shown for the land on the Height of Buildings Map, but only if Site D and Site E are consolidated into a single lot, or
(b)  72 metres.
(4)  Development consent must not be granted to the erection of a building on land to which this clause applies unless the building includes development for a purpose other than residential accommodation and that development has a floor space ratio of at least 1.5:1.
6.7   Airspace operations
(1)  The objective of this clause is to protect airspace around airports.
(2)  The consent authority must not grant development consent to development that is a controlled activity within the meaning of Division 4 of Part 12 of the Airports Act 1996 of the Commonwealth unless the applicant has obtained approval for the controlled activity under regulations made for the purposes of that Division.
Note.
 Controlled activities include the construction or alteration of buildings or other structures that causes an intrusion into prescribed airspace (being generally airspace around airports). Controlled activities cannot be carried out without an approval granted under regulations made for the purposes of Division 4 of Part 12 of the Airports Act 1996 of the Commonwealth.
Schedule 1 Additional permitted uses
(Clause 2.5)
1   Use of certain land at 1A Epping Road, Lane Cove
(1)  This clause applies to land at 1A Epping Road, Lane Cove, being Lot 10, DP 866978 and Lots 40–42, DP 1055894.
(2)  Development for the purpose of a vehicle sales or hire premises is permitted with consent.
2   Use of certain land along the Pacific Highway between Bellevue Avenue and Oxley Street, St Leonards
(1)  This clause applies to all land along the Pacific Highway between Bellevue Avenue and Oxley Street, St Leonards in Zone B3 Commercial Core.
(2)  Development for the purpose of sex services premises is permitted with consent.
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.
Subdivision
Must relate to land comprising a public road approved for closure under Division 1 of Part 4 of the Roads Act 1993.
Tree preservation banners
(1)  Maximum size—3m × 2m, with attached poles or ropes.
(2)  Installed by Council over or in place of any tree over 4m high on Council land killed, removed or trimmed without Council consent.
Schedule 3 Complying development
(Clause 3.2)
Note.
 State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies complying development and the complying development conditions for that development under that Policy. The Policy has State-wide application. This Schedule contains additional complying development not specified in that Policy.
Part 1 Types of development
(When this Plan was made this Part was blank)
Part 2 Complying development certificate conditions
Note.
 Complying development must comply with the requirements of the Act, the regulations under the Act and this Plan.
General conditions
Any development specified in Part 1 is subject to the same conditions set out in Schedule 6 to State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.
Schedule 4 Classification and reclassification of public land
(Clause 5.2)
Part 1 Land classified, or reclassified, as operational land—no interests changed
Column 1
Column 2
Locality
Description
Part of 266 Longueville Road, Lane Cove
Part of Lot 1, DP 91655, identified as “Operational Land” on the Land Reclassification (Part Lots) Map
10 Chaplin Drive, Lane Cove West
Lot 26, DP 1010544
Part 2 Land classified, or reclassified, as operational land—interests changed
Column 1
Column 2
Column 3
Locality
Description
Any trusts etc not discharged
304–314 Burns Bay Road, Lane Cove
Part of Lot 102, DP 1013285, identified as “Operational Land” on the Land Reclassification (Part Lots) Map
F371160 Easement for transmission line
Part of 266 Longueville Road, Lane Cove
Lot 1, DP 321353 and part of Lot 322, DP 1102537, identified as “Operational Land” on the Land Reclassification (Part Lots) Map
Nil
304–314 Burns Bay Road, Lane Cove West
Part Lot 102, DP 1013285, being the part indicated as zoned R4 High Density Residential on the Land Zoning Map, Sheets LZN_001 and LZN_002
F371160 Easement for transmission line
J12158 Easement for drainage
DP 1013285 Easement for encroachment and support
89A Centennial Avenue and Hallam Avenue, Lane Cove West
Lot 114, DP 9653
Nil
Land east of 29A Fleming Street, Northwood
Lot 9, DP 253441
Nil
Part 3 Land classified, or reclassified, as community land
Column 1
Column 2
Locality
Description
Part of 300C Burns Bay Road, Lane Cove
Part of SP 6522, identified as “Community Land” on the Land Reclassification (Part Lots) Map
Schedule 5 Environmental heritage
(Clause 5.10)
Part 1 Heritage items
Suburb
Item name
Address
Property description
Significance
Item No.
Greenwich
Greenwich Baths
Albert Street, Parramatta River
Lot 1, DP 182910
Local
I1
Greenwich
Eswick
2 Albert Street
Lot A, DP 162307
Local
I2
Greenwich
House
2 Anglo Road
Lot 33, Section 4, DP 3044
Local
I3
Greenwich
House
10 Anglo Road
Lot 29, Section 4, DP 3044
Local
I4
Greenwich
House
12 Anglo Road
Lot 28, Section 4, DP 3044
Local
I5
Greenwich
House
14 Anglo Road
Lot 27, Section 4, DP 3044
Local
I6
Greenwich
House
4 Balfour Street
Lot 1, DP 961464
Local
I7
Greenwich
House
8 Balfour Street
Lot 17, Section 1, DP 4697
Local
I8
Greenwich
Bay Street Wharf
Bay Street
Lot 1144, DP 752067
Local
I10
Greenwich
Greenwich 12′ Flying Squadron
Bay Street
Lot 1144, DP 752067
Local
I11
Greenwich
House
8 Bay Street
Lot 1, DP 900271
Local
I9
Greenwich
House
8 Bellevue Avenue
Lot 1, DP 541077
Local
I13
Greenwich
House
14 Bellevue Avenue
Lot E, DP 405092
Local
I14
Greenwich
Streetscape elements (drain, embankment walls, sandstone retaining walls, rocky outcrop, steps)
Bent, Glenview, King William Streets, Seaman Avenue and Gore Creek
Road reserve
Local
I15
Greenwich
House
2 Carlotta Street
Lot X, DP 938717
Local
I16
Greenwich
Tewhare
5 Carlotta Street
Lot 2, Section 3, DP 3101
Local
I17
Greenwich
Marathon
7 Carlotta Street
Lot 3, Section 3, DP 3101
Local
I18
Greenwich
Greenwich Uniting Church
9 Carlotta Street
Lot 4, Section 3, DP 3101
Local
I19
Greenwich
House
12 Carlotta Street
Lot 37, Section 1, DP 823
Local
I20
Greenwich
House
13 Carlotta Street
Lot 6, Section 3, DP 3101
Local
I21
Greenwich
House
32 Carlotta Street
Lot 48, Section 1, DP 3461
Local
I22
Greenwich
House
45 Carlotta Street
Lot 14, Section 4, DP 3101
Local
I23
Greenwich
House
50 Carlotta Street
Lot 56, Section 1, DP 823
Local
I24
Greenwich
Bedford
73 Carlotta Street
Lot 1, DP 708423
Local
I25
Greenwich
Florence
75 Carlotta Street
Lot 7, DP 151325
Local
I26
Greenwich
House
79 Carlotta Street
Lot B, DP 359322
Local
I27
Greenwich
House
2 Chisholm Street
Lot 2, DP 950261
Local
I29
Greenwich
House
13 Chisholm Street
Lot 6, DP 16490
Local
I30
Greenwich
House
15 Chisholm Street
Lot 2, DP 218347
Local
I31
Greenwich
House
17 Chisholm Street
Lot 1, DP 218347
Local
I32
Greenwich
House
19 Chisholm Street
Lot 4A, DP 410963
Local
I33
Greenwich
House
21 Chisholm Street
Lot 4B, DP 410963
Local
I34
Greenwich
House
34 Chisholm Street
Lot 13, DP 3907
Local
I35
Greenwich
House
48 Chisholm Street
Lot 6, DP 3907
Local
I36
Greenwich
House
50 Chisholm Street
Lot 5, DP 3907
Local
I37
Greenwich
House
52 Chisholm Street
Lot 4, DP 3907
Local
I38
Greenwich
House
5 Coolabah Avenue
Lot 9, DP 18315
Local
I39
Greenwich
House
8 Eastview Street
Lot 4, DP 12763
Local
I40
Greenwich
House
2 Evelyn Street
Lot 2, DP 203347
Local
I41
Greenwich
House
4 Evelyn Street
Lot 1, DP 203347
Local
I42
Greenwich
House
6–8 Evelyn Street
Lot 1, DP 187410
Local
I43
Greenwich
House
2 Ford Street
Lot 5, Section 7, DP 3101
Local
I44
Greenwich
House
6 Ford Street
Lot 13, DP 3760
Local
I45
Greenwich
Wyncourt
14 Ford Street
Lot D, DP 442274
Local
I46
Greenwich
House
16 Ford Street
Lot C, DP 442274
Local
I47
Greenwich
House
10 George Street
Part Lot 1, DP 69555
Local
I48
Greenwich
House
18 George Street
Lots 1 and 2, DP 165992
Local
I49
Greenwich
Greenwich House
21 George Street
Lot 1, DP 373433
Local
I50
Greenwich
Federation dwelling
39 George Street
Lot 1, DP 78472
Local
I328
Greenwich
Blythswood
41 George Street (also known as 1 Serpentine Street)
Lot 22, DP 4613
Local
I51
Greenwich
House
19 Glenview Street
Lot 31, DP 1532
Local
I52
Greenwich
House
21 Glenview Street
Lot 32, DP 1532
Local
I53
Greenwich
Gore Creek Reserve
Gore Street
Lot 130, DP 178015
Local
I54
Greenwich
House
1 Gore Street
Lot 29, Section 2, DP 3101
Local
I56
Greenwich
House
3 Gore Street
Lot 28, Section 2, DP 3101
Local
I55
Greenwich
House
5 Gore Street
Lot 27, Section 2, DP 3101
Local
I61
Greenwich
Banksia
7 Gore Street
Lot 26, Section 2, DP 3101
Local
I57
Greenwich
Ione
9 Gore Street
Lot 25, Section 2, DP 3101
Local
I58
Greenwich
Rockleigh
11 Gore Street
Lot 24, Section 2, DP 3101
Local
I59
Greenwich
Sandstone swimming pool (associated with Pallister, 95 River Road)
51 Gore Street
Lot 2, DP 30794
State
I60
Greenwich
St. Giles Anglican Church
6–12 Greendale Street
Lots 59 and 60, DP 1532, Lot 102, DP 814297
Local
I62
Greenwich
Railway electricity tunnel
Greenwich Point to Birchgrove
Under Sydney Harbour
State
I63
Greenwich
Streetscape elements (sandstone steps, outcrops, kerbing and retaining wall)
Greenwich Point (various streets)
Road reserve
Local
I64
Greenwich
Streetscape elements (sandstone gutters, steps, outcrops and kerbing)
Greenwich Road, Bay Street and Robertson Street
Road reserve
Local
I65
Greenwich
Glenwood Nursing Home
34–40 Greenwich Road
Lot B, DP 363520
Local
I70
Greenwich
House
35 Greenwich Road
Lot 1, DP 18315
Local
I67
Greenwich
House
45 Greenwich Road
Lot 4, DP 18315
Local
I71
Greenwich
House
70 Greenwich Road
Lot 782, DP 1061345
Local
I72
Greenwich
Greenwich Infants School
72A Greenwich Road
Lots A and B, DP 930344, Lots 1 and 6, DP 123755
Local
I73
Greenwich
House
82 Greenwich Road
Lot B, DP 336699
Local
I74
Greenwich
John Taylor Memorial Church
86A Greenwich Road
Lot 1, DP 115686
Local
I75
Greenwich
House
100 Greenwich Road
Lot B, DP 329295
Local
I76
Greenwich
House
111 Greenwich Road
Lot A, DP 402229
Local
I77
Greenwich
House
113 Greenwich Road
Lot B, DP 402229
Local
I78
Greenwich
House
125 Greenwich Road
Lot A, DP 398090
Local
I79
Greenwich
House
127 Greenwich Road
Lot B, DP 398090
Local
I80
Greenwich
House
129 Greenwich Road
Lot A, DP 331945
Local
I81
Greenwich
House
143 Greenwich Road
Lot 2, DP 220092
Local
I82
Greenwich
House
153 Greenwich Road
Lot 6, DP 522536
Local
I83
Greenwich
House
163 Greenwich Road
Lot 2, DP 73303
Local
I84
Greenwich
House
1 Hinkler Street
Lot 3, DP 18180
Local
I87
Greenwich
House
3 Hinkler Street
Lot 2, DP 18180
Local
I88
Greenwich
House
13 Kingslangley Road
Lot 8, Section 6, DP 656213
Local
I89
Greenwich
House
15 Kingslangley Road
Lot 1, Section 6, DP 957741
Local
I90
Greenwich
House
16 Kingslangley Road
Lot 2, DP 310610
Local
I91
Greenwich
House
19 King William Street
Lot 2, Section 5, DP 3101
Local
I93
Greenwich
House
36 King William Street
Lot 29, Section 4, DP 3101
Local
I94
Greenwich
House
38 King William Street
Lot 28, Section 4, DP 3101
Local
I95
Greenwich
House
42 King William Street
Lot 26, Section 4, DP 3101
Local
I96
Greenwich
House
44 King William Street
Lot 25, Section 4, DP 3101
Local
I97
Greenwich
House
45 King William Street
Lot 4, DP 540935
Local
I98
Greenwich
House
46 King William Street
Lot 24, Section 4, DP 3101
Local
I99
Greenwich
House
47 King William Street
Lot 16, Section 5, DP 3101
Local
I100
Greenwich
House
48 King William Street
Lot 23, Section 4, DP 3101
Local
I101
Greenwich
House
7 Mitchell Street (also known as 18 Wallace Street)
Lot 25, DP 4613
Local
I102
Greenwich
House
8 Mitchell Street
Lot B, DP 163699
Local
I103
Greenwich
House and mature trees
11 Mitchell Street
Lot 14, DP 4613
Local
I105
Greenwich
House and mature trees
13 Mitchell Street
Lot 13, DP 4613
Local
I106
Greenwich
House and mature trees
15 Mitchell Street
Lot 12, DP 4613
Local
I107
Greenwich
House and mature trees
17 Mitchell Street
Lot 11, DP 4613
Local
I108
Greenwich
House
18 Mitchell Street
Lot 1, DP 4613
Local
I110
Greenwich
House and mature trees
19 Mitchell Street
Lot 10, DP 4613
Local
I109
Greenwich
Buena Vista
23 Mitchell Street
Lot 7 and Part Lot 8, DP 4613
Local
I111
Greenwich
House
5 O’Connell Street
Lot 1, DP 554669
Local
I113
Greenwich
House
9 Richard Street
Part Lot 1, DP 72937
Local
I115
Greenwich
Hazelhurst
90 River Road
Lot 12, DP 3586
Local
I116
Greenwich
House
92 River Road
Lot A, DP 362600
Local
I117
Greenwich
Pallister
95 River Road
Lot 4, DP 584287
State
I118
Greenwich
House
10 Robertson Street
Lot 1, DP 927466
Local
I119
Greenwich
House
11 Robertson Street
Lot 1, DP 1027740
Local
I120
Greenwich
Semi-detached dwelling
5 St. Lawrence Street
Lot 1, DP 933519
Local
I122
Greenwich
Semi-detached dwelling
7 St. Lawrence Street
Lot 2, DP 933519
Local
I123
Greenwich
House
12 St. Lawrence Street
Lot A, DP 410040
Local
I124
Greenwich
Terrace
16 St. Lawrence Street
Lot A, DP 63023
Local
I125
Greenwich
Terrace
18 St. Lawrence Street
Lot B, DP 63023
Local
I126
Greenwich
Terrace
20 St. Lawrence Street
Lot C, DP 63023
Local
I127
Greenwich
Terrace
22 St. Lawrence Street
Lot D, DP 63023
Local
I128
Greenwich
House
24 St. Lawrence Street
Lot 2, DP 165814
Local
I129
Greenwich
Greenwich Point Wharf
Serpentine Road
 
Local
I130
Greenwich
Stone steps to rear of house
36 Serpentine Road
Lot 1246, DP 725742
Local
I131
Greenwich
Stone sea wall
40 Serpentine Road
Lot B, DP 358254
Local
I132
Greenwich
Rockleigh
44 Serpentine Road
Lots 1 and 2, DP 1011512
Local
I133
Greenwich
Mandalay
2–4 Ulonga Avenue
Lot 1, DP 922932 and Lot 275, DP 661141
Local
I134
Greenwich
House
28 Upper Serpentine Road
Lot 1, DP 325612
Local
I136
Greenwich
House
2 Victoria Street
Part Lot 21, DP 977243
Local
I139
Greenwich
House
3 Victoria Street
Lot 2, DP 319531
Local
I140
Greenwich
House
10 Victoria Street
Lot 1, DP 784233
Local
I142
Greenwich
House
12 Victoria Street
Lot 1, DP 59480
Local
I143
Greenwich
House
14 Victoria Street
Lot 1, DP 794366
Local
I144
Greenwich
House
2 Wallace Street
Lot A, DP 347174
Local
I146
Greenwich
Riverside
22 Wallace Street
Lot 17, DP 72619
Local
I147
Greenwich
House
18 Wilona Avenue
Lot 6, DP 27279
Local
I148
Greenwich
House and garage
20 Wilona Avenue
Lot 1, DP 449253
Local
I149
Lane Cove
House
1 Austin Crescent
Lot 1, DP 343988
Local
I151
Lane Cove
House
3 Austin Crescent
Lot 2, DP 343988
Local
I152
Lane Cove
World War II Memorial Cenotaph and glass encased World War I Roll of Honour (near cenotaph and affixed to exterior of Lane Cove Public Library)
Austin Street (near junction with Longueville Road)
Road reserve
Local
I329
Lane Cove
House
72 Bridge Street
Lot 2, DP 534049
Local
I153
Lane Cove
Mandalay
72 Burns Bay Road
Lot B, DP 379033, Lot Y, DP 379034
Local
I155
Lane Cove
Retail building and house to the rear
148 Burns Bay Road
Lots 8 and 9, DP 10084
Local
I156
Lane Cove
Stone walls to road frontages
274 and 278 Burns Bay Road and 40A Cope Street
Lot L, DP 378250, Lot 120, DP 613223, SP 54813, SP 19076
Local
I158
Lane Cove
Carisbrook
334 Burns Bay Road
Lot 5, DP 11636
State
I157
Lane Cove
Retail building
2–4 Lane Cove Plaza
Lots 5 and 6, DP 12147
Local
I162
Lane Cove
Retail building
6–8 Lane Cove Plaza
Lot 4, DP 12147
Local
I163
Lane Cove
Retail building
10 Lane Cove Plaza
Lot 3, DP 12147
Local
I164
Lane Cove
Longueville Hotel
80 Longueville Road
Part Lots 19 and 20, DP 9624
Local
I176
Lane Cove
Street Tree Planting
Adjacent to 87–93 Longueville Road
Road reserve
Local
I168
Lane Cove
Street Tree Planting
Adjacent to 126–128 and 142–146 Longueville Road
Road reserve
Local
I169
Lane Cove
Retail building
133 Longueville Road
Lot 7, DP 12147
Local
I170
Lane Cove
Retail building
135 Longueville Road
Lot 8, DP 12147
Local
I171
Lane Cove
Retail building
137 Longueville Road
Lot 9, DP 12147
Local
I172
Lane Cove
Retail building
139 Longueville Road
Lot 10, DP 12147
Local
I173
Lane Cove
Lane Cove Public Library
139A Longueville Road
Lot 1, DP 112363, Lot 2, DP 575901
Local
I177
Lane Cove
Lane Cove Public School
145–153 Longueville Road
Lot 1, DP 926135, Lot 1, DP 115630, Lot 1, DP 782715
Local
I178
Lane Cove
Retail building
160 Longueville Road
Lot 1, DP 503477
Local
I174
Lane Cove
Retail building
162 Longueville Road
Lot P, DP 5922
Local
I175
Lane Cove
Lane Cove Senior Citizens Centre
180 Longueville Road
Lot 18, DP 5922
Local
I179
Lane Cove
Currambena
205 Longueville Road
Lots 16, 17 and 18, DP 4373
Local
I180
Lane Cove
House
213 Longueville Road
Lot 20, DP 4373
Local
I181
Lane Cove
Masonic Temple
231 Longueville Road
Lot 76, DP 668028
Local
I182
Lane Cove
Residential flat building
2 Morrice Street
Lot B, DP 313619
Local
I183
Lane Cove
Residential flat building
4 Morrice Street
Lot A, DP 345856
Local
I184
Lane Cove
Residential flat building
6 Morrice Street
Lot B, DP 345856
Local
I185
Lane Cove
Semi detached dwelling
25 Morrice Street
Lot 1, DP 200831
Local
I186
Lane Cove
Semi detached dwelling
27 Morrice Street
Lot 2, DP 200831
Local
I187
Lane Cove
Semi detached dwelling
29 Morrice Street
Lot 1, DP 231729
Local
I188
Lane Cove
Semi detached dwelling
31 Morrice Street
Lot 2, DP 231729
Local
I189
Lane Cove
House
49 Morrice Street
Lot 551, DP 825076
Local
I190
Lane Cove
House
51 Morrice Street
Lot 552, DP 825076
Local
I191
Lane Cove
Woodlands
1 Penrose Street
Lot 1, DP 879686
Local
I192
Lane Cove
House and garden
6 Richardson Street East
Lot C, DP 364572, Lot B, DP 358873
Local
I193
Lane Cove
House
55–57 Richardson Street West
Lot 10, DP 816151
Local
I194
Lane Cove
St. Andrew’s Anglican Church Hall
Rosenthal Avenue, part of 8 Finlayson Street
Part Lot 69, DP 10155
Local
I198
Lane Cove
House
26 Seville Street
Lot 27, DP 4807
Local
I199
Lane Cove North
Chatswood South Uniting Church
Cnr Pacific Highway and Mowbray Road
Lots 1 and 2, DP 628241
State
I209
Lane Cove North
New Apostolic Church
4 and 4A Parklands Avenue
Lot 114, DP 455793, Lot 50, DP 1059654
Local
I210
Lane Cove North
House
5 Parklands Avenue
Lot A, DP 394176
Local
I211
Lane Cove North
Streetscape element (wall only)
45 Parklands Avenue
Lot 1, Section 5, DP 7817
Local
I212
Lane Cove West
House
125 Centennial Avenue
Lots 32 and 33, DP 16189
Local
I213
Lane Cove West
Cumberland Paper Mills
Epping Road
Lot 22, DP 825400, Lots 954 and 955, DP 752067
Local
I214
Lane Cove West
Chicago Mills
Epping Road/ Mowbray Road
Lot 13, DP 807958
Local
I215
Lane Cove West
Lane Cove House
38 Myee Crescent
Lot A, DP 404505
Local
I219
Lane Cove West
The Oaks
1 Wood Street
Lot 21, DP 80058
Local
I221
Linley Point
Rockcliffe
4 Brooks Street
Lot 1, DP1006440
Local
I226
Linley Point
Coralynn
356C Burns Bay Road
Lot 3, DP 559229
Local
I316
Linley Point
Linley, formerly Grenaby
360 Burns Bay Road
Lot 2, DP 227009
State
I222
Linley Point
Streetscape elements (stone steps, garden bed remnants and rocky outcrop)
View Street and Burns Bay Road
Road reserve
Local
I223
Longueville
Federation outbuilding
4 Amalfi Place
Lot 9, DP 29396
Local
I330
Longueville
Street trees
Arabella Street, between Stuart Street and Lucretia Avenue
Road reserve
Local
I224
Longueville
Streetscape elements (sandstone walls, kerbing and steps, including in Longueville Sailing Club and Aquatic Park)
Arabella, Stuart and Dunois Streets
Road reserve
Local
I225
Longueville
Homeleigh
35 Arabella Street
Lot 1, DP 505641
Local
I227
Longueville
House
73 Arabella Street
Lot 6, DP 5005
Local
I228
Longueville
House
80 Arabella Street
Lot 21, DP 746349
Local
I229
Longueville
House
118 Arabella Street
Lot 13, DP 554343
Local
I230
Longueville
Lucretia Baths
Dunois Street
Various Sites
Local
I231
Longueville
House
18 Kenneth Street
Lot 5, DP 7287
Local
I234
Longueville
Hazelwood
22 Kenneth Street
Lot 27, DP 2459
Local
I235
Longueville
House
26 Kenneth Street
Lot 2, DP 307190
Local
I236
Longueville
St. Andrews Uniting Church
47 Kenneth Street and corner of Christina Street
Lot C, DP 920217
Local
I237
Longueville
Panorama
57 Kenneth Street
Lot 3, DP 23689
Local
I238
Longueville
Brenhilda
82 Kenneth Street
Lot 1, DP 338530
Local
I239
Longueville
House
86 Kenneth Street
Lot B, DP 336362
Local
I240
Longueville
House and garden
27 Lucretia Avenue
Lot 4, DP 1643
Local
I241
Longueville
House
29 Lucretia Avenue
Lots 5 and 6, DP 1643
Local
I242
Longueville
House
38 Lucretia Avenue
Lot A, DP 417305
Local
I243
Longueville
Wanganui
58 Lucretia Avenue
Lot 1, DP 228368
Local
I245
Longueville
Ulverstone
62 Lucretia Avenue
Lot 121, DP 617674
Local
I246
Longueville
House
Cnr Mary Street and Stuart Street
Lot 1, DP 5795
Local
I247
Longueville
House and garden
7 Mary Street
Lot 6, DP 5795
Local
I248
Longueville
Nirvana
21A Mary Street
Lot 2, DP 208978
Local
I249
Longueville
House
23 Mary Street
Lot 101, DP 813486
Local
I250
Longueville
Deloraine
25 Mary Street
Lot 20, Section EE, DP 913
Local
I251
Longueville
House
30 Mary Street
Lot 4, DP 29396
Local
I252
Longueville
Wall and gates
31 Mary Street
Lot 5, DP 334412
Local
I253
Longueville
House
61 Mary Street
Lot 7D, Section B, DP 2295
Local
I254
Longueville
House and trees
65 Mary Street
Lot B, DP 349442
Local
I255
Longueville
House and garden
71 Mary Street
Lot 1, DP 312218
Local
I256
Longueville
House and timber boatshed
15 Norfolk Street
Lots 1 and 2, DP 618825
Local
I257
Longueville
House
6 Poole Street
Lot 51, DP 778368
Local
I258
Longueville
House
9 Poole Street (also known as 7 Stuart Street)
Lot 1, DP 17380
Local
I259
Longueville
House
10 Poole Street
Lot 3, DP 900801
Local
I260
Longueville
Aquatic Park boatsheds, Yacht Bay
Stuart Street
Lot 2, DP 907301
Local
I261
Longueville
Longueville Wharf
Stuart Street
Lot 1120, DP 752067
Local
I262
Longueville
House
5 Stuart Street
Lot A, DP 382913
Local
I265
Longueville
House
13 Stuart Street
Lot 3, DP 216684
Local
I267
Longueville
Carrum- Carrum
16A Stuart Street
Lot 100, DP 1092407
Local
I268
Longueville
House and garden
20 Stuart Street
Lot 100, DP 813486
Local
I269
Longueville
House
30 Stuart Street
Lot 4, DP 29396
Local
I270
Longueville
House
54 Stuart Street
Lot 1, DP 113106
Local
I271
Longueville
Wharf, stone steps to foreshore
Wharf Road
Public land
Local
I273
Longueville
House and garden
8–10 Wharf Road
Lot 501, DP 1110586
Local
I272
Longueville
Clubhouse and Score Board
William Edward Street
Lot 1, DP 723858
Local
I274
Longueville
House and garden
81 William Edward Street
Lot A, DP 397413
Local
I276
Longueville
House
85 William Edward Street
Lot 2, DP 408922
Local
I277
Longueville
House
91 William Edward Street
Lot C, DP 385574
Local
I278
Longueville
House and garden
101 William Edward Street
Lot 1, DP 510446
Local
I279
Longueville
Minembah
1 Woodford Street
Lot 2, DP 539383
Local
I280
Northwood
Loddington (Federation dwelling)
1A Birriwa Place
Lot 4, DP 539145
Local
I281
Northwood
Stone fence
35 Cliff Road
Lot 172, DP 709310
Local
I331
Northwood
House
37 Cliff Road
Lot 171, DP 709310
Local
I282
Northwood
Stone fence
39 Cliff Road
Lot 19, DP 6768
Local
I332
Northwood
Stone fence
41 Cliff Road
Lot 20, DP 6768
Local
I333
Northwood
Stone fence
43 Cliff Road
Lot 21, DP 6768
Local
I334
Northwood
Stone fence
45 Cliff Road
Lot 22, DP 6768
Local
I335
Northwood
House
47 Cliff Road
Lot 23, DP 6768
Local
I283
Northwood
Federation dwelling
62 Cliff Road
Lots 20 and 21, DP 4424
Local
I336
Northwood
Endeavour Playground
Fleming Street (south side)
Road reserve
Local
I284
Northwood
Californian bungalow (Murcutt extension)
4 James Street
Lot 51, DP 85450
Local
I337
Northwood
Stone features, road and path
Kellys Esplanade
Road reserve
Local
I338
Northwood
Convict Stockade
Kelly’s Esplanade, Woodford Bay
Lot 7124, DP 1051824
Local
I285
Northwood
Streetscape elements (rocky outcrops, stone steps, sandstone kerbing)
Lower Cliff Road, Private Road, Northwood Point and Northwood Road
Road reserve
Local
I286
Northwood
Northwood Wharf
Northwood Road
Road reserve
Local
I287
Northwood
Kailora
15 Northwood Road
Lot B, DP 412915
Local
I289
Northwood
House
21 Northwood Road
Part Lot 3, DP 1692, Lot B, DP 383322
Local
I290
Northwood
House
23 Northwood Road
Lot 1, DP 116006
Local
I291
Northwood
House
45 Northwood Road
Lot 3, DP 5395
Local
I292
Northwood
House and garden
62 Northwood Road
Lot 1, DP 826939
Local
I293
Northwood
House
70 Northwood Road
Lot C, DP 381895
Local
I294
Northwood
House
86 Northwood Road
Lot 5, DP 4424
Local
I295
Northwood
House and garden
88 Northwood Road
Lot 27, DP 4424
Local
I296
Northwood
House and garden
90 Northwood Road
Lot 28, DP 4424
Local
I297
Northwood
House and garden
94 Northwood Road
Lot 30, DP 4424
Local
I298
Northwood
House and garden
96 Northwood Road
Lot 31, DP 4424
Local
I299
Northwood
House
97 Northwood Road
Part Lot 5, DP 10429
Local
I300
Northwood
House and sandstone fence
100 Northwood Road
Lot A, DP 315550
Local
I301
Northwood
House and sandstone fence
102 Northwood Road
Lot B, DP 315550
Local
I302
Northwood
House and stone retaining wall
104 Northwood Road
Lot 34, DP 4424
Local
I303
Northwood
Late Victorian style dwelling
109 Northwood Road
Lot 1, DP 1140116
Local
I339
Northwood
House
113 Northwood Road
Lot 4, DP 231657
Local
I304
Northwood
House
3 Point Road
Part Lot 47, DP 4424
Local
I306
Northwood
House and garden
8 Point Road
Lot 421, DP 226803
Local
I307
Northwood
House and garden
16 Point Road
Lot B, DP 399542
Local
I308
Northwood
Northwood House and Cottage
1 Private Road
Lot 2, DP 217339
State
I309
Northwood
Streetscape element (wall only)
2 Upper Cliff Road
Lot 11, DP 6766
Local
I340
Northwood
Streetscape element (wall only)
4 Upper Cliff Road
Lot 12, DP 6766
Local
I341
Northwood
Burdoe
5 Upper Cliff Road
Lots A and B, DP 407020
Local
I310
Northwood
Stone fence
33 Upper Cliff Road
Lot 1, DP 166534
Local
I342
Northwood
Stone fence
33 Upper Cliff Road
Lot 16, DP 6768
Local
I343
Northwood
Dwelling
40A Upper Cliff Road
Lot 142, DP 577554
Local
I311
Northwood
Wyndarra
4b Wyndarra Place
Lot 4B, DP 419447
Local
I313
Northwood
House
6 Wyndarra Place
Lot 1, DP 410874
Local
I314
Riverview
Burns Bay Reserve Sewage Aqueduct (SHR 01319)
Bridge Street
Northern Suburbs Ocean Outfall Sewer
Local
I315
Riverview
House
44 College Road South
Lot 7, DP 739156
Local
I317
Riverview
House
48 Hamilton Street
Lot 46, DP 9483
Local
I160
Riverview
House
50 Hamilton Street
Lot 47, DP 9483
Local
I161
Riverview
St. Ignatius College, headland
2–68 Riverview Street
Lot 194, DP 234296
Local
I319
Riverview
Tambourine Bay Baths
Tambourine Bay Road
Lot 908, DP 752067
Local
I322
Riverview
Dowra
36 Tambourine Bay Road
Lot B, DP 356156
Local
I201
Riverview
House
99 Tambourine Bay Road
Lot 1, DP 944731
Local
I320
St Leonards
Sandringham
3 Park Road
Lot 1, DP 198586
Local
I325
St Leonards
House
5 Park Road
Lot 1, DP 611420
Local
I326
St Leonards
House
7 Park Road
Lot 11, DP 111237
Local
I327
Part 2 Conservation areas
Suburb
Item name
Address
Property description
Significance
Item No.
Greenwich
Greenwich Conservation Area
Greenwich
Greenwich Peninsula South
Local
C1
Part 3 Archaeological sites
Suburb
Item name
Address
Property description
Significance
Item No.
Greenwich
Fells Shale Oil Refinery
124 Gother Avenue
Various sites
Local
A1
Greenwich
Shell Installation
124 Greenwich Road
Various sites
Local
A2
Greenwich
Site of bond store, wharf and quarry
Manns Point Reserve
Lot 2, DP 229766, Lot 1, DP 191733, Lots 10–12 and part of Lots 13–15, DP 977243, Lot 1, DP 431765, road reserve
Local
A9
Greenwich
Former Bond Store
O’Connell St—Bond Reserve
Various sites
Local
A3
Lane Cove
Radke & Pioneer Tanneries, Burns Bay Reserve
Burns Bay Reserve
Lot 2, DP 226422
Local
A4
Lane Cove West
Chicago Mills
160 Epping Road
Lot 13, DP 807958
Local
A6
Lane Cove West
Cumberland Paper Mills
170 Epping Road
Lot 22, DP 825400, Lots 954 and 955, DP 752067
Local
A5
Longueville
Kirk’s Factory
Woodford/ Arabella Streets
Various sites
Local
A7
Northwood
Convict Stockade
2 and 4 Kelly’s Esplanade, Woodford Bay
Lot 7124, DP 1051824
Local
A8
Dictionary
(Clause 1.4)
Note.
 The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Plan.
Aboriginal object means any deposit, object or other material evidence (not being a handicraft made for sale) relating to the Aboriginal habitation of an area of New South Wales, being habitation before or concurrent with (or both) the occupation of that area by persons of non-Aboriginal extraction, and includes Aboriginal remains.
Aboriginal place of heritage significance means an area of land, the general location of which is identified in an Aboriginal heritage study adopted by the Council after public exhibition and that may be shown on the Heritage Map, that is:
(a)  the site of one or more Aboriginal objects or a place that has the physical remains of pre-European occupation by, or is of contemporary significance to, the Aboriginal people. It may (but need not) include items and remnants of the occupation of the land by Aboriginal people, such as burial places, engraving sites, rock art, midden deposits, scarred and sacred trees and sharpening grooves, or
(b)  a natural Aboriginal sacred site or other sacred feature. It includes natural features such as creeks or mountains of long-standing cultural significance, as well as initiation, ceremonial or story places or areas of more contemporary cultural significance.
Note.
 The term may include (but is not limited to) places that are declared under section 84 of the National Parks and Wildlife Act 1974 to be Aboriginal places for the purposes of that Act.
acid sulfate soils means naturally occurring sediments and soils containing iron sulfides (principally pyrite) or their precursors or oxidation products, whose exposure to oxygen leads to the generation of sulfuric acid (for example, by drainage or excavation).
Acid Sulfate Soils Manual means the manual by that name published by the Acid Sulfate Soils Management Advisory Committee and made publicly available.
advertisement has the same meaning as in the Act.
Note.
 The term is defined as a sign, notice, device or representation in the nature of an advertisement visible from any public place or public reserve or from any navigable water.
advertising structure has the same meaning as in the Act.
Note.
 The term is defined as a structure used or to be used principally for the display of an advertisement.
Advertising structures are a type of signage—see the definition of that term in this Dictionary.
affordable housing has the same meaning as in the Act.
Note.
 The term is defined as housing for very low income households, low income households or moderate income households, being such households as are prescribed by the regulations or as are provided for in an environmental planning instrument.
agricultural produce industry means a building or place used for the handling, treating, processing or packing, for commercial purposes, of produce from agriculture (including dairy products, seeds, fruit, vegetables or other plant material), and includes wineries, flour mills, cotton seed oil plants, cotton gins, feed mills, cheese and butter factories, and juicing or canning plants, but does not include a livestock processing industry.
Note.
 
Agricultural produce industries are a type of rural industry—see the definition of that term in this Dictionary.
agriculture means any of the following:
(a)  aquaculture,
(b)  extensive agriculture,
(c)  intensive livestock agriculture,
(d)  intensive plant agriculture.
Note.
 Part 6 of the Plantations and Reafforestation Act 1999 provides that exempt farm forestry within the meaning of that Act is not subject to the Environmental Planning and Assessment Act 1979.
air transport facility means an airport or a heliport that is not part of an airport, and includes associated communication and air traffic control facilities or structures.
airport means a place that is used for the landing, taking off, parking, maintenance or repair of aeroplanes, and includes associated buildings, installations, facilities and movement areas and any heliport that is part of the airport.
Note.
 
Airports are a type of air transport facility—see the definition of that term in this Dictionary.
airstrip means a single runway for the landing, taking off or parking of aeroplanes for private aviation only, but does not include an airport, heliport or helipad.
amusement centre means a building or place (not being part of a pub or registered club) used principally for playing:
(a)  billiards, pool or other like games, or
(b)  electronic or mechanical amusement devices, such as pinball machines, computer or video games and the like.
animal boarding or training establishment means a building or place used for the breeding, boarding, training, keeping or caring of animals for commercial purposes (other than for the agistment of horses), and includes any associated riding school or ancillary veterinary hospital.
aquaculture has the same meaning as in the Fisheries Management Act 1994.
Note.
 
Aquaculture is a type of agriculture—see the definition of that term in this Dictionary.
archaeological site means a place that contains one or more relics.
attached dwelling means a building containing 3 or more dwellings, where:
(a)  each dwelling is attached to another dwelling by a common wall, and
(b)  each of the dwellings is on its own lot of land, and
(c)  none of the dwellings is located above any part of another dwelling.
Note.
 
Attached dwellings are a type of residential accommodation—see the definition of that term in this Dictionary.
attic means any habitable space, but not a separate dwelling, contained wholly within a roof above the ceiling line of the storey immediately below, except for minor elements such as dormer windows and the like.
backpackers’ accommodation means a building or place that:
(a)  provides temporary or short-term accommodation on a commercial basis, and
(b)  has shared facilities, such as a communal bathroom, kitchen or laundry, and
(c)  provides accommodation on a bed or dormitory-style basis (rather than by room).
Note.
 
Backpackers’ accommodation is a type of tourist and visitor accommodation—see the definition of that term in this Dictionary.
basement means the space of a building where the floor level of that space is predominantly below ground level (existing) and where the floor level of the storey immediately above is less than 1 metre above ground level (existing).
bed and breakfast accommodation means an existing dwelling in which temporary or short-term accommodation is provided on a commercial basis by the permanent residents of the dwelling and where:
(a)  meals are provided for guests only, and
(b)  cooking facilities for the preparation of meals are not provided within guests’ rooms, and
(c)  dormitory-style accommodation is not provided.
Note.
 See clause 5.4 for controls relating to the number of bedrooms for bed and breakfast accommodation.
Bed and breakfast accommodation is a type of tourist and visitor accommodation—see the definition of that term in this Dictionary.
bee keeping means a building or place used for the keeping and breeding of bees for commercial purposes.
Note.
 
Bee keeping is a type of extensive agriculture—see the definition of that term in this Dictionary.
biodiversity or biological diversity means the variety of living animal and plant life from all sources, and includes diversity within and between species and diversity of ecosystems.
biosolids treatment facility means a building or place used as a facility for the treatment of biosolids from a sewage treatment plant or from a water recycling facility.
Note.
 
Biosolids treatment facilities are a type of sewerage system—see the definition of that term in this Dictionary.
boarding house means a building that:
(a)  is wholly or partly let in lodgings, and
(b)  provides lodgers with a principal place of residence for 3 months or more, and
(c)  may have shared facilities, such as a communal living room, bathroom, kitchen or laundry, and
(d)  has rooms, some or all of which may have private kitchen and bathroom facilities, that accommodate one or more lodgers,
but does not include backpackers’ accommodation, a group home, hotel or motel accommodation, seniors housing or a serviced apartment.
Note.
 
Boarding houses are a type of residential accommodation—see the definition of that term in this Dictionary.
boat building and repair facility means any facility (including a building or other structure) used primarily for the construction, maintenance or repair of boats, whether or not including the storage, sale or hire of boats, but does not include a marina or boat shed.
boat launching ramp means a structure designed primarily for the launching of trailer borne recreational vessels, and includes associated car parking facilities.
boat shed means a building or other structure used for the storage and routine maintenance of a boat or boats and that is associated with a private dwelling or non-profit organisation, and includes any skid used in connection with the building or other structure.
brothel has the same meaning as in the Act.
Note.
 
This definition is relevant to the definitions of home occupation (sex services) and sex services premises in this Dictionary.
building has the same meaning as in the Act.
Note.
 The term is defined to include part of a building and any structure or part of a structure, but not including a manufactured home, a moveable dwelling or associated structure (or part of a manufactured home, moveable dwelling or associated structure).
building height (or height of building) means:
(a)  in relation to the height of a building in metres—the vertical distance from ground level (existing) to the highest point of the building, or
(b)  in relation to the RL of a building—the vertical distance from the Australian Height Datum to the highest point of the building,
including plant and lift overruns, but excluding communication devices, antennae, satellite dishes, masts, flagpoles, chimneys, flues and the like.
building identification sign means a sign that identifies or names a building and that may include the name of a building, the street name and number of a building, and a logo or other symbol but does not include general advertising of products, goods or services.
Note.
 
Building identification signs are a type of signage—see the definition of that term in this Dictionary.
building line or setback means the horizontal distance between the property boundary or other stated boundary (measured at 90 degrees from the boundary) and:
(a)  a building wall, or
(b)  the outside face of any balcony, deck or the like, or
(c)  the supporting posts of a carport or verandah roof,
whichever distance is the shortest.
bulky goods premises means a building or place the principal purpose of which is the sale, hire or display of bulky goods, being goods that are of such size or weight as to require:
(a)  a large area for handling, display or storage, and
(b)  direct vehicular access to the site of the building or place by members of the public for the purpose of loading or unloading such goods into or from their vehicles after purchase or hire,
and including goods such as floor and window supplies, furniture, household electrical goods, equestrian supplies and swimming pools, but does not include a building or place used for the sale of foodstuffs or clothing unless their sale is ancillary to the sale or hire or display of bulky goods.
Note.
 
Bulky goods premises are a type of retail premises—see the definition of that term in this Dictionary.
bush fire hazard reduction work has the same meaning as in the Rural Fires Act 1997.
Note.
 
The term is defined as follows:
bush fire hazard reduction work means:
(a)  the establishment or maintenance of fire breaks on land, and
(b)  the controlled application of appropriate fire regimes or other means for the reduction or modification of available fuels within a predetermined area to mitigate against the spread of a bush fire,
but does not include construction of a track, trail or road.
bush fire prone land has the same meaning as in the Act.
Note.
 The term is defined, in relation to an area, as land recorded for the time being as bush fire prone land on a map for the area certified as referred to in section 146 (2) of the Act.
bush fire risk management plan means a plan prepared under Division 4 of Part 3 of the Rural Fires Act 1997 for the purpose referred to in section 54 of that Act.
business identification sign means a sign:
(a)  that indicates:
(i)  the name of the person or business, and
(ii)  the nature of the business carried on by the person at the premises or place at which the sign is displayed, and
(b)  that may include the address of the premises or place and a logo or other symbol that identifies the business,
but that does not contain any advertising relating to a person who does not carry on business at the premises or place.
Note.
 
Business identification signs are a type of signage—see the definition of that term in this Dictionary.
business premises means a building or place at or on which:
(a)  an occupation, profession or trade (other than an industry) is carried on for the provision of services directly to members of the public on a regular basis, or
(b)  a service is provided directly to members of the public on a regular basis,
and includes a funeral home and, without limitation, premises such as banks, post offices, hairdressers, dry cleaners, travel agencies, internet access facilities, betting agencies and the like, but does not include an entertainment facility, home business, home occupation, home occupation (sex services), medical centre, restricted premises, sex services premises or veterinary hospital.
Note.
 
Business premises are a type of commercial premises—see the definition of that term in this Dictionary.
camping ground means an area of land that has access to communal amenities and on which campervans or tents, annexes or other similar portable and lightweight temporary shelters are, or are to be, installed, erected or placed for short term use, but does not include a caravan park.
canal estate development means development that incorporates wholly or in part a constructed canal, or other waterway or waterbody, that is inundated by or drains to a natural waterway or natural waterbody by surface water or groundwater movement (not being works of drainage, or for the supply or treatment of water, that are constructed by or with the authority of a person or body responsible for those functions and that are limited to the minimal reasonable size and capacity to meet a demonstrated need for the works), and that either:
(a)  includes the construction of dwellings (which may include tourist and visitor accommodation) of a kind other than, or in addition to:
(i)  dwellings that are permitted on rural land, and
(ii)  dwellings that are used for caretaker or staff purposes, or
(b)  requires the use of a sufficient depth of fill material to raise the level of all or part of that land on which the dwellings are (or are proposed to be) located in order to comply with requirements relating to residential development on flood prone land.
car park means a building or place primarily used for the purpose of parking motor vehicles, including any manoeuvring space and access thereto, whether operated for gain or not.
caravan park means land (including a camping ground) on which caravans (or caravans and other moveable dwellings) are, or are to be, installed or placed.
catchment action plan has the same meaning as in the Catchment Management Authorities Act 2003.
Note.
 The term is defined as a catchment action plan of an authority that has been approved by the Minister under Part 4 of the Catchment Management Authorities Act 2003.
cellar door premises means a building or place that is used to sell wine by retail and that is situated on land on which there is a commercial vineyard, and where most of the wine offered for sale is produced in a winery situated on that land or is produced predominantly from grapes grown in the surrounding area.
Note.
 
Cellar door premises are a type of retail premises—see the definition of that term in this Dictionary.
cemetery means a building or place used primarily for the interment of deceased persons or pets or their ashes, whether or not it contains an associated building for conducting memorial services.
centre-based child care facility means:
(a)  a building or place used for the education and care of children that provides any one or more of the following:
(i)  long day care,
(ii)  occasional child care,
(iii)  out-of-school-hours care (including vacation care),
(iv)  preschool care, or
(b)  an approved family day care venue (within the meaning of the Children (Education and Care Services) National Law (NSW)),
Note.
 An approved family day care venue is a place, other than a residence, where an approved family day care service (within the meaning of the Children (Education and Care Services) National Law (NSW)) is provided.
but does not include:
(c)  a building or place used for home-based child care or school-based child care, or
(d)  an office of a family day care service (within the meanings of the Children (Education and Care Services) National Law (NSW)), or
(e)  a babysitting, playgroup or child-minding service that is organised informally by the parents of the children concerned, or
(f)  a child-minding service that is provided in connection with a recreational or commercial facility (such as a gymnasium) to care for children while the children’s parents are using the facility, or
(g)  a service that is concerned primarily with providing lessons or coaching in, or providing for participation in, a cultural, recreational, religious or sporting activity, or providing private tutoring, or
(h)  a child-minding service that is provided by or in a health services facility, but only if the service is established, registered or licensed as part of the institution operating in the facility.
charter and tourism boating facility means any facility (including a building or other structure) used for charter boating or tourism boating purposes, being a facility that is used only by the operators of the facility and that has a direct structural connection between the foreshore and the waterway, but does not include a marina.
classified road has the same meaning as in the Roads Act 1993.
Note.
 
The term is defined as follows:
classified road means any of the following:
(a)  a main road,
(b)  a highway,
(c)  a freeway,
(d)  a controlled access road,
(e)  a secondary road,
(f)  a tourist road,
(g)  a tollway,
(h)  a transitway,
(i)  a State work.
(See Roads Act 1993 for meanings of these terms.)
clearing native vegetation has the same meaning as in Part 5A of the Local Land Services Act 2013.
clearing vegetation has the same meaning as in State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017.
coastal foreshore means land with frontage to a beach, estuary, coastal lake, headland, cliff or rock platform.
coastal hazard has the same meaning as in the Coastal Protection Act 1979.
coastal lake means a body of water specified in Schedule 1 to State Environmental Planning Policy No 71—Coastal Protection.
coastal protection works has the same meaning as in the Coastal Protection Act 1979.
coastal waters of the State—see section 58 of the Interpretation Act 1987.
coastal zone has the same meaning as in the Coastal Protection Act 1979.
Note.
 
The term is defined as follows:
coastal zone means:
(a)  the area within the coastal waters of the State as defined in Part 10 of the Interpretation Act 1987 (including any land within those waters), and
(b)  the area of land and the waters that lie between the western boundary of the coastal zone (as shown on the maps outlining the coastal zone) and the landward boundary of the coastal waters of the State, and
(c)  the seabed (if any) and the subsoil beneath, and the airspace above, the areas referred to in paragraphs (a) and (b).
The coastal zone consists of the area between the western boundary of the coastal zone shown on the maps outlining the coastal zone and the outermost boundary of the coastal waters of the State. The coastal waters of the State extend, generally, to 3 nautical miles from the coastline of the State.
commercial premises means any of the following:
(a)  business premises,
(b)  office premises,
(c)  retail premises.
community facility means a building or place:
(a)  owned or controlled by a public authority or non-profit community organisation, and
(b)  used for the physical, social, cultural or intellectual development or welfare of the community,
but does not include an educational establishment, hospital, retail premises, place of public worship or residential accommodation.
community land has the same meaning as in the Local Government Act 1993.
correctional centre means:
(a)  any premises declared to be a correctional centre by a proclamation in force under section 225 of the Crimes (Administration of Sentences) Act 1999, including any juvenile correctional centre or periodic detention centre, and
(b)  any premises declared to be a detention centre by an order in force under section 5 (1) of the Children (Detention Centres) Act 1987,
but does not include any police station or court cell complex in which a person is held in custody in accordance with any Act.
Council means the Lane Cove Municipal Council.
crematorium means a building in which deceased persons or pets are cremated, whether or not it contains an associated building for conducting memorial services.
Crown reserve means:
(a)  a reserve within the meaning of Part 5 of the Crown Lands Act 1989, or
(b)  a common within the meaning of the Commons Management Act 1989, or
(c)  lands within the meaning of the Trustees of Schools of Arts Enabling Act 1902,
but does not include land that forms any part of a reserve under Part 5 of the Crown Lands Act 1989 provided for accommodation.
curtilage, in relation to a heritage item or conservation area, means the area of land (including land covered by water) surrounding a heritage item, a heritage conservation area, or building, work or place within a heritage conservation area, that contributes to its heritage significance.
dairy (pasture-based) means a dairy that is conducted on a commercial basis where the only restriction facilities present are milking sheds and holding yards and where cattle are constrained for no more than 10 hours in any 24 hour period (excluding during any period of drought or similar emergency relief).
Note.
 
Dairies (pasture-based) are a type of extensive agriculture—see the definition of that term in this Dictionary.
dairy (restricted) means a dairy that is conducted on a commercial basis where restriction facilities (in addition to milking sheds and holding yards) are present and where cattle have access to grazing for less than 10 hours in any 24 hour period (excluding during any period of drought or similar emergency relief). It may comprise the whole or part of a restriction facility.
Note.
 
Dairies (restricted) are a type of intensive livestock agriculture—see the definition of that term in this Dictionary.
demolish, in relation to a heritage item or an Aboriginal object, or a building, work, relic or tree within a heritage conservation area, means wholly or partly destroy, dismantle or deface the heritage item, Aboriginal object or building, work, relic or tree.
depot means a building or place used for the storage (but not sale or hire) of plant, machinery or other goods (that support the operations of an existing undertaking) when not required for use, but does not include a farm building.
drainage means any activity that intentionally alters the hydrological regime of any locality by facilitating the removal of surface or ground water. It may include the construction, deepening, extending, opening, installation or laying of any canal, drain or pipe, either on the land or in such a manner as to encourage drainage of adjoining land.
dual occupancy means a dual occupancy (attached) or a dual occupancy (detached).
Note.
 
Dual occupancies are a type of residential accommodation—see the definition of that term in this Dictionary.
dual occupancy (attached) means 2 dwellings on one lot of land that are attached to each other, but does not include a secondary dwelling.
Note.
 
Dual occupancies (attached) are a type of dual occupancy—see the definition of that term in this Dictionary.
dual occupancy (detached) means 2 detached dwellings on one lot of land, but does not include a secondary dwelling.
Note.
 
Dual occupancies (detached) are a type of dual occupancy—see the definition of that term in this Dictionary.
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 domicile.
dwelling house means a building containing only one dwelling.
Note.
 
Dwelling houses are a type of residential accommodation—see the definition of that term in this Dictionary.
early education and care facility means a building or place used for the education and care of children, and includes any of the following:
(a)  a centre-based child care facility,
(b)  home-based child care,
(c)  school-based child care.
earthworks means excavation or filling.
ecologically sustainable development has the same meaning as in the Act.
eco-tourist facility means a building or place that:
(a)  provides temporary or short-term accommodation to visitors on a commercial basis, and
(b)  is located in or adjacent to an area with special ecological or cultural features, and
(c)  is sensitively designed and located so as to minimise bulk, scale and overall physical footprint and any ecological or visual impact.
It may include facilities that are used to provide information or education to visitors and to exhibit or display items.
Note.
 See clause 5.13 for requirements in relation to the granting of development consent for eco-tourist facilities.
Eco-tourist facilities are not a type of tourist and visitor accommodation—see the definition of that term in this Dictionary.
educational establishment means a building or place used for education (including teaching), being:
(a)  a school, or
(b)  a tertiary institution, including a university or a TAFE establishment, that provides formal education and is constituted by or under an Act.
electricity generating works means a building or place used for the purpose of making or generating electricity.
emergency services facility means a building or place (including a helipad) used in connection with the provision of emergency services by an emergency services organisation.
emergency services organisation means any of the following:
(a)  Ambulance Service of New South Wales,
(b)  Fire and Rescue NSW,
(c)  NSW Rural Fire Service,
(d)  NSW Police Force,
(e)  State Emergency Service,
(f)  New South Wales Volunteer Rescue Association Incorporated,
(g)  New South Wales Mines Rescue Brigade established under the Coal Industry Act 2001,
(h)  an accredited rescue unit within the meaning of the State Emergency and Rescue Management Act 1989.
entertainment facility means a theatre, cinema, music hall, concert hall, dance hall and the like, but does not include a pub or registered club.
environmental facility means a building or place that provides for the recreational use or scientific study of natural systems, and includes walking tracks, seating, shelters, board walks, observation decks, bird hides or the like, and associated display structures.
environmental protection works means works associated with the rehabilitation of land towards its natural state or any work to protect land from environmental degradation, and includes bush regeneration works, wetland protection works, erosion protection works, dune restoration works and the like, but does not include coastal protection works.
estuary has the same meaning as in the Water Management Act 2000.
Note.
 
The term is defined as follows:
estuary means:
(a)  any part of a river whose level is periodically or intermittently affected by coastal tides, or
(b)  any lake or other partially enclosed body of water that is periodically or intermittently open to the sea, or
(c)  anything declared by the regulations (under the Water Management Act 2000) to be an estuary,
but does not include anything declared by the regulations (under the Water Management Act 2000) not to be an estuary.
excavation means the removal of soil or rock, whether moved to another part of the same site or to another site, but does not include garden landscaping that does not significantly alter the shape, natural form or drainage of the land.
exhibition home means a dwelling built for the purposes of the public exhibition and marketing of new dwellings, whether or not it is intended to be sold as a private dwelling after its use for those purposes is completed, and includes any associated sales or home finance office or place used for displays.
exhibition village means 2 or more exhibition homes and associated buildings and places used for house and land sales, site offices, advisory services, car parking, food and drink sales and other associated purposes.
extensive agriculture means any of the following:
(a)  the production of crops or fodder (including irrigated pasture and fodder crops) for commercial purposes,
(b)  the grazing of livestock for commercial purposes,
(c)  bee keeping,
(d)  a dairy (pasture-based).
Note.
 
Extensive agriculture is a type of agriculture—see the definition of that term in this Dictionary.
extractive industry means the winning or removal of extractive materials (otherwise than from a mine) by methods such as excavating, dredging, tunnelling or quarrying, including the storing, stockpiling or processing of extractive materials by methods such as recycling, washing, crushing, sawing or separating, but does not include turf farming.
Note.
 
Extractive industries are not a type of industry—see the definition of that term in this Dictionary.
extractive material means sand, soil, gravel, rock or similar substances that are not minerals within the meaning of the Mining Act 1992.
farm building means a structure the use of which is ancillary to an agricultural use of the landholding on which it is situated and includes a hay shed, stock holding yard, machinery shed, shearing shed, silo, storage tank, outbuilding or the like, but does not include a dwelling.
farm stay accommodation means a building or place that provides temporary or short-term accommodation to paying guests on a working farm as a secondary business to primary production.
Note.
 See clause 5.4 for controls relating to the number of bedrooms.
Farm stay accommodation is a type of tourist and visitor accommodation—see the definition of that term in this Dictionary.
feedlot means a confined or restricted area that is operated on a commercial basis to rear and fatten cattle, sheep or other animals, fed (wholly or substantially) on prepared and manufactured feed, for the purpose of meat production or fibre products, but does not include a poultry farm, dairy or piggery.
Note.
 
Feedlots are a type of intensive livestock agriculture—see the definition of that term in this Dictionary.
fill means the depositing of soil, rock or other similar extractive material obtained from the same or another site, but does not include:
(a)  the depositing of topsoil or feature rock imported to the site that is intended for use in garden landscaping, turf or garden bed establishment or top dressing of lawns and that does not significantly alter the shape, natural form or drainage of the land, or
(b)  the use of land as a waste disposal facility.
filming means recording images (whether on film or video tape or electronically or by other means) for exhibition or broadcast (such as by cinema, television or the internet or by other means), but does not include:
(a)  still photography, or
(b)  recording images of a wedding ceremony or other private celebration or event principally for the purpose of making a record for the participants in the ceremony, celebration or event, or
(c)  recording images as a visitor or tourist for non-commercial purposes, or
(d)  recording for the immediate purposes of a television program that provides information by way of current affairs or daily news.
fish has the same meaning as in the Fisheries Management Act 1994.
Note.
 
The term is defined as follows:
Definition of “fish”
(1)  
Fish means marine, estuarine or freshwater fish or other aquatic animal life at any stage of their life history (whether alive or dead).
(2)  
Fish includes:
(a)  oysters and other aquatic molluscs, and
(b)  crustaceans, and
(c)  echinoderms, and
(d)  beachworms and other aquatic polychaetes.
(3)  
Fish also includes any part of a fish.
(4)  
However, fish does not include whales, mammals, reptiles, birds, amphibians or other things excluded from the definition by the regulations under the Fisheries Management Act 1994.
flood mitigation work means work designed and constructed for the express purpose of mitigating flood impacts. It involves changing the characteristics of flood behaviour to alter the level, location, volume, speed or timing of flood waters to mitigate flood impacts. Types of works may include excavation, construction or enlargement of any fill, wall, or levee that will alter riverine flood behaviour, local overland flooding, or tidal action so as to mitigate flood impacts.
floor space ratio—see clause 4.5.
food and drink premises means premises that are used for the preparation and retail sale of food or drink (or both) for immediate consumption on or off the premises, and includes any of the following:
(a)  a restaurant or cafe,
(b)  take away food and drink premises,
(c)  a pub,
(d)  a small bar.
Note.
 
Food and drink premises are a type of retail premises—see the definition of that term in this Dictionary.
foreshore area means the land between the foreshore building line and the mean high water mark of the nearest bay or river.
foreshore building line means the foreshore building line shown on the Foreshore Building Line Map.
forestry has the same meaning as forestry operations has for the purposes of Part 5A of the Forestry Act 2012.
Note.
 
The term is defined as follows:
forestry operations means:
(a)  logging operations, namely, the cutting and removal of timber from land for the purpose of timber production, or
(b)  the harvesting of forest products, or
(c)  on-going forest management operations, namely, activities relating to the management of land for timber production such as thinning and other silvicultural activities such as bee-keeping, grazing and bush fire hazard reduction, or
(d)  ancillary road construction, namely, the provision of roads and fire trails, and the maintenance of existing railways, to enable or assist in the above operations.
freight transport facility means a facility used principally for the bulk handling of goods for transport by road, rail, air or sea, including any facility for the loading and unloading of vehicles, aircraft, vessels or containers used to transport those goods and for the parking, holding, servicing or repair of those vehicles, aircraft or vessels or for the engines or carriages involved.
function centre means a building or place used for the holding of events, functions, conferences and the like, and includes convention centres, exhibition centres and reception centres, but does not include an entertainment facility.
funeral home means premises that are used to arrange, conduct and cater for funerals and memorial services, whether or not the premises include facilities for the short-term storage, dressing and viewing of bodies of deceased persons.
Note.
 
Funeral homes are a type of business premises—see the definition of that term in this Dictionary.
garden centre means a building or place the principal purpose of which is the retail sale of plants and landscaping and gardening supplies and equipment. It may, if ancillary to the principal purpose for which the building or place is used, include a restaurant or cafe and the sale of any the following:
(a)  outdoor furniture and furnishings, barbecues, shading and awnings, pools, spas and associated supplies, and items associated with the construction and maintenance of outdoor areas,
(b)  pets and pet supplies,
(c)  fresh produce.
Note.
 
Garden centres are a type of retail premises—see the definition of that term in this Dictionary.
general industry means a building or place (other than a heavy industry or light industry) that is used to carry out an industrial activity.
Note.
 
General industries are a type of industry—see the definition of that term in this Dictionary.
gross floor area means the sum of the floor area of each floor of a building measured from the internal face of external walls, or from the internal face of walls separating the building from any other building, measured at a height of 1.4 metres above the floor, and includes:
(a)  the area of a mezzanine, and
(b)  habitable rooms in a basement or an attic, and
(c)  any shop, auditorium, cinema, and the like, in a basement or attic,
but excludes:
(d)  any area for common vertical circulation, such as lifts and stairs, and
(e)  any basement:
(i)  storage, and
(ii)  vehicular access, loading areas, garbage and services, and
(f)  plant rooms, lift towers and other areas used exclusively for mechanical services or ducting, and
(g)  car parking to meet any requirements of the consent authority (including access to that car parking), and
(h)  any space used for the loading or unloading of goods (including access to it), and
(i)  terraces and balconies with outer walls less than 1.4 metres high, and
(j)  voids above a floor at the level of a storey or storey above.
ground level (existing) means the existing level of a site at any point.
ground level (finished) means, for any point on a site, the ground surface after completion of any earthworks (excluding any excavation for a basement, footings or the like) for which consent has been granted or that is exempt development.
ground level (mean) means, for any site on which a building is situated or proposed, one half of the sum of the highest and lowest levels at ground level (finished) of the outer surface of the external walls of the building.
group home means a permanent group home or a transitional group home.
Note.
 
Group homes are a type of residential accommodation—see the definition of that term in this Dictionary.
group home (permanent) or permanent group home means a dwelling:
(a)  that is occupied by persons as a single household with or without paid supervision or care and whether or not those persons are related or payment for board and lodging is required, and
(b)  that is used to provide permanent household accommodation for people with a disability or people who are socially disadvantaged,
but does not include development to which State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 applies.
Note.
 
Permanent group homes are a type of group home—see the definition of that term in this Dictionary.
group home (transitional) or transitional group home means a dwelling:
(a)  that is occupied by persons as a single household with or without paid supervision or care and whether or not those persons are related or payment for board and lodging is required, and
(b)  that is used to provide temporary accommodation for the relief or rehabilitation of people with a disability or for drug or alcohol rehabilitation purposes, or that is used to provide half-way accommodation for persons formerly living in institutions or temporary accommodation comprising refuges for men, women or young people,
but does not include development to which State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 applies.
Note.
 
Transitional group homes are a type of group home—see the definition of that term in this Dictionary.
hardware and building supplies means a building or place the principal purpose of which is the sale or hire of goods or materials, such as household fixtures, timber, tools, paint, wallpaper, plumbing supplies and the like, that are used in the construction and maintenance of buildings and adjacent outdoor areas.
Note.
 
Hardware and building supplies are a type of retail premises—see the definition of that term in this Dictionary.
hazardous industry means a building or place used to carry out an industrial activity that would, when carried out and when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the activity from existing or likely future development on other land in the locality), pose a significant risk in the locality:
(a)  to human health, life or property, or
(b)  to the biophysical environment.
Note.
 
Hazardous industries are a type of heavy industry—see the definition of that term in this Dictionary.
hazardous storage establishment means a building or place that is used for the storage of goods, materials or products and that would, when in operation and when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the building or place from existing or likely future development on other land in the locality), pose a significant risk in the locality:
(a)  to human health, life or property, or
(b)  to the biophysical environment.
Note.
 
Hazardous storage establishments are a type of heavy industrial storage establishment—see the definition of that term in this Dictionary.
headland includes a promontory extending from the general line of the coastline into a large body of water, such as a sea, coastal lake or bay.
health care professional means any person registered under an Act for the purpose of providing health care.
health consulting rooms means premises comprising one or more rooms within (or within the curtilage of) a dwelling house used by not more than 3 health care professionals at any one time.
Note.
 
Health consulting rooms are a type of health services facility—see the definition of that term in this Dictionary.
health services facility means a building or place used to provide medical or other services relating to the maintenance or improvement of the health, or the restoration to health, of persons or the prevention of disease in or treatment of injury to persons, and includes any of the following:
(a)  a medical centre,
(b)  community health service facilities,
(c)  health consulting rooms,
(d)  patient transport facilities, including helipads and ambulance facilities,
(e)  hospital.
heavy industrial storage establishment means a building or place used for the storage of goods, materials, plant or machinery for commercial purposes and that requires separation from other development because of the nature of the processes involved, or the goods, materials, plant or machinery stored, and includes any of the following:
(a)  a hazardous storage establishment,
(b)  a liquid fuel depot,
(c)  an offensive storage establishment.
heavy industry means a building or place used to carry out an industrial activity that requires separation from other development because of the nature of the processes involved, or the materials used, stored or produced, and includes:
(a)  hazardous industry, or
(b)  offensive industry.
It may also involve the use of a hazardous storage establishment or offensive storage establishment.
Note.
 
Heavy industries are a type of industry—see the definition of that term in this Dictionary.
helipad means a place not open to the public used for the taking off and landing of helicopters.
heliport means a place open to the public that is used for the taking off and landing of helicopters, whether or not it includes:
(a)  a terminal building, or
(b)  facilities for the parking, storage or repair of helicopters.
Note.
 
Heliports are a type of air transport facility—see the definition of that term in this Dictionary.
heritage conservation area means an area of land of heritage significance:
(a)  shown on the Heritage Map as a heritage conservation area, and
(b)  the location and nature of which is described in Schedule 5,
and includes any heritage items situated on or within that area.
heritage conservation management plan means a document prepared in accordance with guidelines prepared by the Public Service agency responsible to the Minister administering the Heritage Act 1977 that documents the heritage significance of an item, place or heritage conservation area and identifies conservation policies and management mechanisms that are appropriate to enable that significance to be retained.
heritage impact statement means a document consisting of:
(a)  a statement demonstrating the heritage significance of a heritage item or heritage conservation area, and
(b)  an assessment of the impact that proposed development will have on that significance, and
(c)  proposals for measures to minimise that impact.
heritage item means a building, work, place, relic, tree, object or archaeological site the location and nature of which is described in Schedule 5.
Note.
 An inventory of heritage items is also available at the office of the Council.
heritage management document means:
(a)  a heritage conservation management plan, or
(b)  a heritage impact statement, or
(c)  any other document that provides guidelines for the ongoing management and conservation of a heritage item, Aboriginal object, Aboriginal place of heritage significance or heritage conservation area.
heritage significance means historical, scientific, cultural, social, archaeological, architectural, natural or aesthetic value.
high technology industry means a building or place predominantly used to carry out an industrial activity that involves any of the following:
(a)  electronic or micro-electronic systems, goods or components,
(b)  information technology (such as computer software or hardware),
(c)  instrumentation or instruments of a scientific, industrial, technological, medical or similar nature,
(d)  biological, pharmaceutical, medical or paramedical systems, goods or components,
(e)  film, television or multi-media technologies, including any post production systems, goods or components,
(f)  telecommunications systems, goods or components,
(g)  sustainable energy technologies,
(h)  any other goods, systems or components intended for use in a science or technology related field,
but does not include a building or place used to carry out an industrial activity that presents a hazard or potential hazard to the neighbourhood or that, because of the scale and nature of the processes involved, interferes with the amenity of the neighbourhood.
Note.
 
High technology industries are a type of light industry—see the definition of that term in this Dictionary.
highway service centre means a building or place used to provide refreshments and vehicle services to highway users. It may include any one or more of the following:
(a)  a restaurant or cafe,
(b)  take away food and drink premises,
(c)  service stations and facilities for emergency vehicle towing and repairs,
(d)  parking for vehicles,
(e)  rest areas and public amenities.
home-based child care means:
(a)  a family day care residence (within the meaning of the Children (Education and Care Services) National Law (NSW)), or
Note.
 A family day care residence is a residence at which a family day care educator educates and cares for children as part of a family day care service—see the Children (Education and Care Services) National Law (NSW)).
(b)  a dwelling used for the purposes of a home based education and care service (within the meaning of the Children (Education and Care Services) Supplementary Provisions Act 2011),
at which the education and care service is provided at any one time to no more than 7 children (including any child of the person providing the service) all of whom are under the age of 13 years and no more than 4 of whom are children who do not ordinarily attend school.
home business means a business that is carried on in a dwelling, or in a building ancillary to a dwelling, by one or more permanent residents of the dwelling and that does not involve:
(a)  the employment of more than 2 persons other than those residents, or
(b)  interference with the amenity of the neighbourhood by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, traffic generation or otherwise, or
(c)  the exposure to view, from any adjacent premises or from any public place, of any unsightly matter, or
(d)  the exhibition of any signage (other than a business identification sign), or
(e)  the sale of items (whether goods or materials), or the exposure or offer for sale of items, by retail, except for goods produced at the dwelling or building,
but does not include bed and breakfast accommodation, home occupation (sex services) or sex services premises.
Note.
 See clause 5.4 for controls relating to the floor area used for a home business.
home industry means a dwelling (or a building ancillary to a dwelling) used by one or more permanent residents of the dwelling to carry out an industrial activity that does not involve any of the following:
(a)  the employment of more than 2 persons other than those residents,
(b)  interference with the amenity of the neighbourhood by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, traffic generation or otherwise,
(c)  the exposure to view, from any adjacent premises or from any public place, of any unsightly matter,
(d)  the exhibition of any signage (other than a business identification sign),
(e)  the sale of items (whether goods or materials), or the exposure or offer for sale of items, by retail, except for goods produced at the dwelling or building,
but does not include bed and breakfast accommodation or sex services premises.
Note.
 See clause 5.4 for controls relating to the floor area used for a home industry.
Home industries are a type of light industry—see the definition of that term in this Dictionary.
home occupation means an occupation that is carried on in a dwelling, or in a building ancillary to a dwelling, by one or more permanent residents of the dwelling and that does not involve:
(a)  the employment of persons other than those residents, or
(b)  interference with the amenity of the neighbourhood by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, traffic generation or otherwise, or
(c)  the display of goods, whether in a window or otherwise, or
(d)  the exhibition of any signage (other than a business identification sign), or
(e)  the sale of items (whether goods or materials), or the exposure or offer for sale of items, by retail,
but does not include bed and breakfast accommodation, home occupation (sex services) or sex services premises.
home occupation (sex services) means the provision of sex services in a dwelling that is a brothel, or in a building that is a brothel and is ancillary to such a dwelling, by no more than 2 permanent residents of the dwelling and that does not involve:
(a)  the employment of persons other than those residents, or
(b)  interference with the amenity of the neighbourhood by reason of the emission of noise, traffic generation or otherwise, or
(c)  the exhibition of any signage, or
(d)  the sale of items (whether goods or materials), or the exposure or offer for sale of items, by retail,
but does not include a home business or sex services premises.
horticulture means the cultivation of fruits, vegetables, mushrooms, nuts, cut flowers and foliage and nursery products for commercial purposes, but does not include a plant nursery, turf farming or viticulture.
Note.
 
Horticulture is a type of intensive plant agriculture—see the definition of that term in this Dictionary.
hospital means a building or place used for the purpose of providing professional health care services (such as preventative or convalescent care, diagnosis, medical or surgical treatment, psychiatric care or care for people with disabilities, or counselling services provided by health care professionals) to people admitted as in-patients (whether or not out-patients are also cared for or treated there), and includes ancillary facilities for (or that consist of) any of the following:
(a)  day surgery, day procedures or health consulting rooms,
(b)  accommodation for nurses or other health care workers,
(c)  accommodation for persons receiving health care or for their visitors,
(d)  shops, kiosks, restaurants or cafes or take away food and drink premises,
(e)  patient transport facilities, including helipads, ambulance facilities and car parking,
(f)  educational purposes or any other health-related use,
(g)  research purposes (whether or not carried out by hospital staff or health care workers or for commercial purposes),
(h)  chapels,
(i)  hospices,
(j)  mortuaries.
Note.
 
Hospitals are a type of health services facility—see the definition of that term in this Dictionary.
hostel means premises that are generally staffed by social workers or support providers and at which:
(a)  residential accommodation is provided in dormitories, or on a single or shared basis, or by a combination of them, and
(b)  cooking, dining, laundering, cleaning and other facilities are provided on a shared basis.
Note.
 
Hostels are a type of residential accommodation—see the definition of that term in this Dictionary.
hotel or motel accommodation means a building or place (whether or not licensed premises under the Liquor Act 2007) that provides temporary or short-term accommodation on a commercial basis and that:
(a)  comprises rooms or self-contained suites, and
(b)  may provide meals to guests or the general public and facilities for the parking of guests’ vehicles,
but does not include backpackers’ accommodation, a boarding house, bed and breakfast accommodation or farm stay accommodation.
Note.
 
Hotel or motel accommodation is a type of tourist and visitor accommodation—see the definition of that term in this Dictionary.
industrial activity means the manufacturing, production, assembling, altering, formulating, repairing, renovating, ornamenting, finishing, cleaning, washing, dismantling, transforming, processing, recycling, adapting or servicing of, or the research and development of, any goods, substances, food, products or articles for commercial purposes, and includes any storage or transportation associated with any such activity.
industrial retail outlet means a building or place that:
(a)  is used in conjunction with an industry or rural industry, and
(b)  is situated on the land on which the industry or rural industry is located, and
(c)  is used for the display or sale (whether by retail or wholesale) of only those goods that have been manufactured on the land on which the industry or rural industry is located,
but does not include a warehouse or distribution centre.
Note.
 See clause 5.4 for controls relating to the retail floor area of an industrial retail outlet.
industrial training facility means a building or place used in connection with vocational training in an activity (such as forklift or truck driving, welding or carpentry) that is associated with an industry, rural industry, extractive industry or mining, but does not include an educational establishment, business premises or retail premises.
industry means any of the following:
(a)  general industry,
(b)  heavy industry,
(c)  light industry,
but does not include:
(d)  rural industry, or
(e)  extractive industry, or
(f)  mining.
information and education facility means a building or place used for providing information or education to visitors, and the exhibition or display of items, and includes an art gallery, museum, library, visitor information centre and the like.
intensive livestock agriculture means the keeping or breeding, for commercial purposes, of cattle, poultry, pigs, goats, horses or other livestock that are fed wholly or substantially on externally-sourced feed, and includes any of the following:
(a)  dairies (restricted),
(b)  feedlots,
(c)  piggeries,
(d)  poultry farms,
but does not include extensive agriculture, aquaculture or the operation of facilities for drought or similar emergency relief.
Note.
 
Intensive livestock agriculture is a type of agriculture—see the definition of that term in this Dictionary.
intensive plant agriculture means any of the following:
(a)  the cultivation of irrigated crops for commercial purposes (other than irrigated pasture or fodder crops),
(b)  horticulture,
(c)  turf farming,
(d)  viticulture.
Note.
 
Intensive plant agriculture is a type of agriculture—see the definition of that term in this Dictionary.
jetty means a horizontal decked walkway providing access from the shore to the waterway and is generally constructed on a piered or piled foundation.
kiosk means premises that are used for the purposes of selling food, light refreshments and other small convenience items such as newspapers, films and the like.
Note.
 See clause 5.4 for controls relating to the gross floor area of a kiosk.
Kiosks are a type of retail premises—see the definition of that term in this Dictionary.
landscaped area means a part of a site used for growing plants, grasses and trees, but does not include any building, structure or hard paved area.
landscaping material supplies means a building or place used for the storage and sale of landscaping supplies such as soil, gravel, potting mix, mulch, sand, railway sleepers, screenings, rock and the like.
Note.
 
Landscaping material supplies are a type of retail premises—see the definition of that term in this Dictionary.
light industry means a building or place used to carry out an industrial activity that does not interfere with the amenity of the neighbourhood by reason of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, or otherwise, and includes any of the following:
(a)  high technology industry,
(b)  home industry.
Note.
 
Light industries are a type of industry—see the definition of that term in this Dictionary.
liquid fuel depot means premises used for the bulk storage of petrol, oil, petroleum or other inflammable liquid for wholesale distribution and at which no retail trade is conducted.
Note.
 
Liquid fuel depots are a type of heavy industrial storage establishment—see the definition of that term in this Dictionary.
livestock processing industry means a building or place used for the commercial production of products derived from the slaughter of animals (including poultry) or the processing of skins or wool of animals and includes abattoirs, knackeries, tanneries, woolscours and rendering plants.
Note.
 
Livestock processing industries are a type of rural industry—see the definition of that term in this Dictionary.
maintenance, in relation to a heritage item, Aboriginal object or Aboriginal place of heritage significance, or a building, work, archaeological site, tree or place within a heritage conservation area, means ongoing protective care, but does not include the removal or disturbance of existing fabric, alterations (such as carrying out extensions or additions) or the introduction of new materials or technology.
marina means a permanent boat storage facility (whether located wholly on land, wholly on a waterway or partly on land and partly on a waterway), and includes any of the following associated facilities:
(a)  any facility for the construction, repair, maintenance, storage, sale or hire of boats,
(b)  any facility for providing fuelling, sewage pump-out or other services for boats,
(c)  any facility for launching or landing boats, such as slipways or hoists,
(d)  any car parking or commercial, tourist or recreational or club facility that is ancillary to the boat storage facility,
(e)  any berthing or mooring facilities.
market means an open-air area, or an existing building, that is used for the purpose of selling, exposing or offering goods, merchandise or materials for sale by independent stall holders, and includes temporary structures and existing permanent structures used for that purpose on an intermittent or occasional basis.
Note.
 
Markets are a type of retail premises—see the definition of that term in this Dictionary.
mean high water mark means the position where the plane of the mean high water level of all ordinary local high tides intersects the foreshore, being 1.44m above the zero of Fort Denison Tide Gauge and 0.515m Australian Height Datum.
medical centre means premises that are used for the purpose of providing health services (including preventative care, diagnosis, medical or surgical treatment, counselling or alternative therapies) to out-patients only, where such services are principally provided by health care professionals. It may include the ancillary provision of other health services.
Note.
 
Medical centres are a type of health services facility—see the definition of that term in this Dictionary.
mezzanine means an intermediate floor within a room.
mine means any place (including any excavation) where an operation is carried on for mining of any mineral by any method and any place on which any mining related work is carried out, but does not include a place used only for extractive industry.
mine subsidence district means a mine subsidence district proclaimed under section 15 of the Mine Subsidence Compensation Act 1961.
mining means mining carried out under the Mining Act 1992 or the recovery of minerals under the Offshore Minerals Act 1999, and includes:
(a)  the construction, operation and decommissioning of associated works, and
(b)  the rehabilitation of land affected by mining.
Note.
 
Mining is not a type of industry—see the definition of that term in this Dictionary.
mixed use development means a building or place comprising 2 or more different land uses.
mooring means a detached or freestanding apparatus located on or in a waterway and that is capable of securing a vessel, but does not include a mooring pen.
mooring pen means an arrangement of freestanding piles or other restraining devices designed or used for the purpose of berthing a vessel.
mortuary means premises that are used, or intended to be used, for the receiving, preparation, embalming and storage of bodies of deceased persons pending their interment or cremation.
moveable dwelling has the same meaning as in the Local Government Act 1993.
Note.
 
The term is defined as follows:
moveable dwelling means:
(a)  any tent, or any caravan or other van or other portable device (whether on wheels or not), used for human habitation, or
(b)  a manufactured home, or
(c)  any conveyance, structure or thing of a class or description prescribed by the regulations (under the Local Government Act 1993) for the purposes of this definition.
multi dwelling housing means 3 or more dwellings (whether attached or detached) on one lot of land, each with access at ground level, but does not include a residential flat building.
Note.
 
Multi dwelling housing is a type of residential accommodation—see the definition of that term in this Dictionary.
native fauna means any animal-life that is indigenous to New South Wales or is known to periodically or occasionally migrate to New South Wales, whether vertebrate (including fish) or invertebrate and in any stage of biological development, but does not include humans.
native flora means any plant-life that is indigenous to New South Wales, whether vascular or non-vascular and in any stage of biological development, and includes fungi and lichens, and marine vegetation within the meaning of Part 7A of the Fisheries Management Act 1994.
native vegetation has the same meaning as in Part 5A of the Local Land Services Act 2013.
navigable waterway means any waterway that is from time to time capable of navigation and is open to or used by the public for navigation, but does not include flood waters that have temporarily flowed over the established bank of a watercourse.
neighbourhood shop means premises used for the purposes of selling general merchandise such as foodstuffs, personal care products, newspapers and the like to provide for the day-to-day needs of people who live or work in the local area, and may include ancillary services such as a post office, bank or dry cleaning, but does not include restricted premises.
Note.
 See clause 5.4 for controls relating to the retail floor area of neighbourhood shops.
Neighbourhood shops are a type of shop—see the definition of that term in this Dictionary.
nominated State heritage item means a heritage item that:
(a)  has been identified as an item of State significance in a publicly exhibited heritage study adopted by the Council, and
(b)  the Council has, by notice in writing to the Heritage Council, nominated as an item of potential State significance.
non-potable water means water that does not meet the standards or values for drinking water recommended from time to time by the National Health and Medical Research Council.
NSW Coastal Policy means the publication titled NSW Coastal Policy 1997: A Sustainable Future for the New South Wales Coast, published by the Government.
offensive industry means a building or place used to carry out an industrial activity that would, when carried out and when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the activity from existing or likely future development on other land in the locality), emit a polluting discharge (including, for example, noise) in a manner that would have a significant adverse impact in the locality or on existing or likely future development on other land in the locality.
Note.
 
Offensive industries are a type of heavy industry—see the definition of that term in this Dictionary.
offensive storage establishment means a building or place that is used for the storage of goods, materials or products and that would, when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the building or place from existing or likely future development on other land in the locality), emit a polluting discharge (including, for example, noise) in a manner that would have a significant adverse impact in the locality or on existing or likely future development on other land in the locality.
Note.
 
Offensive storage establishments are a type of heavy industrial storage establishment—see the definition of that term in this Dictionary.
office premises means a building or place used for the purpose of administrative, clerical, technical, professional or similar activities that do not include dealing with members of the public at the building or place on a direct and regular basis, except where such dealing is a minor activity (by appointment) that is ancillary to the main purpose for which the building or place is used.
Note.
 
Office premises are a type of commercial premises—see the definition of that term in this Dictionary.
open cut mining means mining carried out on, and by excavating, the earth’s surface, but does not include underground mining.
operational land has the same meaning as in the Local Government Act 1993.
parking space means a space dedicated for the parking of a motor vehicle, including any manoeuvring space and access to it, but does not include a car park.
passenger transport facility means a building or place used for the assembly or dispersal of passengers by any form of transport, including facilities required for parking, manoeuvring, storage or routine servicing of any vehicle that uses the building or place.
people who are socially disadvantaged means:
(a)  people who are disadvantaged because of their alcohol or drug dependence, extreme poverty, psychological disorder or other similar disadvantage, or
(b)  people who require protection because of domestic violence or upheaval.
people with a disability means people of any age who, as a result of having an intellectual, psychiatric, sensory, physical or similar impairment, or a combination of such impairments, either permanently or for an extended period, have substantially limited opportunities to enjoy full and active lives.
place of public worship means a building or place used for the purpose of religious worship by a congregation or religious group, whether or not the building or place is also used for counselling, social events, instruction or religious training.
plant nursery means a building or place the principal purpose of which is the retail sale of plants that are grown or propagated on site or on an adjacent site. It may include the on-site sale of any such plants by wholesale and, if ancillary to the principal purpose for which the building or place is used, the sale of landscape and gardening supplies and equipment and the storage of these items.
Note.
 
Plant nurseries are a type of retail premises—see the definition of that term in this Dictionary.
port facilities means any of the following facilities at or in the vicinity of a designated port within the meaning of section 47 of the Ports and Maritime Administration Act 1995:
(a)  facilities for the embarkation or disembarkation of passengers onto or from any vessels, including public ferry wharves,
(b)  facilities for the loading or unloading of freight onto or from vessels and associated receival, land transport and storage facilities,
(c)  wharves for commercial fishing operations,
(d)  refuelling, launching, berthing, mooring, storage or maintenance facilities for any vessel,
(e)  sea walls or training walls,
(f)  administration buildings, communication, security and power supply facilities, roads, rail lines, pipelines, fencing, lighting or car parks.
potable water means water that meets the standards or values for drinking water recommended from time to time by the National Health and Medical Research Council.
private open space means an area external to a building (including an area of land, terrace, balcony or deck) that is used for private outdoor purposes ancillary to the use of the building.
property vegetation plan mean a property vegetation plan approved under Part 4 of the Native Vegetation Act 2003 before the repeal of that Act (as continued in force by the regulations under the Biodiversity Conservation Act 2016).
pub means licensed premises under the Liquor Act 2007 the principal purpose of which is the retail sale of liquor for consumption on the premises, whether or not the premises include hotel or motel accommodation and whether or not food is sold or entertainment is provided on the premises.
Note.
 
Pubs are a type of food and drink premises—see the definition of that term in this Dictionary.
public administration building means a building used as offices or for administrative or other like purposes by the Crown, a statutory body, a council or an organisation established for public purposes, and includes a courthouse or a police station.
public authority has the same meaning as in the Act.
public land has the same meaning as in the Local Government Act 1993.
Note.
 
The term is defined as follows:
public land means any land (including a public reserve) vested in or under the control of the council, but does not include:
(a)  a public road, or
(b)  land to which the Crown Lands Act 1989 applies, or
(c)  a common, or
(d)  land subject to the Trustees of Schools of Arts Enabling Act 1902, or
(e)  a regional park under the National Parks and Wildlife Act 1974.
public reserve has the same meaning as in the Local Government Act 1993.
public utility undertaking means any of the following undertakings carried on or permitted to be carried on by or by authority of any Public Service agency or under the authority of or in pursuance of any Commonwealth or State Act:
(a)  railway, road transport, water transport, air transport, wharf or river undertakings,
(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, electricity supply authority, Public Service agency, corporation, firm or authority carrying on the undertaking.
rainwater tank means a tank designed for the storage of rainwater gathered on the land on which the tank is situated.
recreation area means a place used for outdoor recreation that is normally open to the public, and includes:
(a)  a children’s playground, or
(b)  an area used for community sporting activities, or
(c)  a public park, reserve or garden or the like,
and any ancillary buildings, but does not include a recreation facility (indoor), recreation facility (major) or recreation facility (outdoor).
recreation facility (indoor) means a building or place used predominantly for indoor recreation, whether or not operated for the purposes of gain, including a squash court, indoor swimming pool, gymnasium, table tennis centre, health studio, bowling alley, ice rink or any other building or place of a like character used for indoor recreation, but does not include an entertainment facility, a recreation facility (major) or a registered club.
recreation facility (major) means a building or place used for large-scale sporting or recreation activities that are attended by large numbers of people whether regularly or periodically, and includes theme parks, sports stadiums, showgrounds, racecourses and motor racing tracks.
recreation facility (outdoor) means a building or place (other than a recreation area) used predominantly for outdoor recreation, whether or not operated for the purposes of gain, including a golf course, golf driving range, mini-golf centre, tennis court, paint-ball centre, lawn bowling green, outdoor swimming pool, equestrian centre, skate board ramp, go-kart track, rifle range, water-ski centre or any other building or place of a like character used for outdoor recreation (including any ancillary buildings), but does not include an entertainment facility or a recreation facility (major).
Reduced Level (RL) means height above the Australian Height Datum, being the datum surface approximating mean sea level that was adopted by the National Mapping Council of Australia in May 1971.
registered club means a club that holds a club licence under the Liquor Act 2007.
relic has the same meaning as in the Heritage Act 1977.
Note.
 
The term is defined as follows:
relic means any deposit, artefact, object or material evidence that:
(a)  relates to the settlement of the area that comprises New South Wales, not being Aboriginal settlement, and
(b)  is of State or local heritage significance.
research station means a building or place operated by a public authority for the principal purpose of agricultural, environmental, fisheries, forestry, minerals or soil conservation research, and includes any associated facility for education, training, administration or accommodation.
residential accommodation means a building or place used predominantly as a place of residence, and includes any of the following:
(a)  attached dwellings,
(b)  boarding houses,
(c)  dual occupancies,
(d)  dwelling houses,
(e)  group homes,
(f)  hostels,
(g)  multi dwelling housing,
(h)  residential flat buildings,
(i)  rural workers’ dwellings,
(j)  secondary dwellings,
(k)  semi-detached dwellings,
(l)  seniors housing,
(m)  shop top housing,
but does not include tourist and visitor accommodation or caravan parks.
residential care facility means accommodation for seniors or people with a disability that includes:
(a)  meals and cleaning services, and
(b)  personal care or nursing care, or both, and
(c)  appropriate staffing, furniture, furnishings and equipment for the provision of that accommodation and care,
but does not include a dwelling, hostel, hospital or psychiatric facility.
Note.
 
Residential care facilities are a type of seniors housing—see the definition of that term in this Dictionary.
residential flat building means a building containing 3 or more dwellings, but does not include an attached dwelling or multi dwelling housing.
Note.
 
Residential flat buildings are a type of residential accommodation— see the definition of that term in this Dictionary.
resource recovery facility means a building or place used for the recovery of resources from waste, including works or activities such as separating and sorting, processing or treating the waste, composting, temporary storage, transfer or sale of recovered resources, energy generation from gases and water treatment, but not including re-manufacture or disposal of the material by landfill or incineration.
Note.
 
Resource recovery facilities are a type of waste or resource management facility—see the definition of that term in this Dictionary.
respite day care centre means a building or place that is used for the care of seniors or people who have a disability and that does not provide overnight accommodation for people other than those related to the owner or operator of the centre.
restaurant or cafe means a building or place the principal purpose of which is the preparation and serving, on a retail basis, of food and drink to people for consumption on the premises, whether or not liquor, take away meals and drinks or entertainment are also provided.
Note.
 
Restaurants or cafes are a type of food and drink premises—see the definition of that term in this Dictionary.
restricted premises means premises that, due to their nature, restrict access to patrons or customers over 18 years of age, and includes sex shops and similar premises, but does not include a pub, hotel or motel accommodation, home occupation (sex services) or sex services premises.
restriction facilities means facilities where animals are constrained for management purposes, including milking sheds, pads, feed stalls, holding yards and paddocks where the number of livestock exceeds the ability of vegetation to recover from the effects of grazing in a normal growing season, but does not include facilities for drought or similar emergency relief.
retail premises means a building or place used for the purpose of selling items by retail, or hiring or displaying items for the purpose of selling them or hiring them out, whether the items are goods or materials (or whether also sold by wholesale), and includes any of the following;
(a)  bulky goods premises,
(b)  cellar door premises,
(c)  food and drink premises,
(d)  garden centres,
(e)  hardware and building supplies,
(f)  kiosks,
(g)  landscaping material supplies,
(h)  markets,
(i)  plant nurseries,
(j)  roadside stalls,
(k)  rural supplies,
(l)  shops,
(m)  timber yards,
(n)  vehicle sales or hire premises,
but does not include highway service centres, service stations, industrial retail outlets or restricted premises.
Note.
 
Retail premises are a type of commercial premises—see the definition of that term in this Dictionary.
road means a public road or a private road within the meaning of the Roads Act 1993, and includes a classified road.
roadside stall means a place or temporary structure used for the retail sale of agricultural produce or hand crafted goods (or both) produced from the property on which the stall is situated or from an adjacent property.
Note.
 See clause 5.4 for controls relating to the gross floor area of roadside stalls.
Roadside stalls are a type of retail premises—see the definition of that term in this Dictionary.
rural industry means the handling, treating, production, processing, storage or packing of animal or plant agricultural products for commercial purposes, and includes any of the following:
(a)  agricultural produce industries,
(b)  livestock processing industries,
(c)  composting facilities and works (including the production of mushroom substrate),
(d)  sawmill or log processing works,
(e)  stock and sale yards,
(f)  the regular servicing or repairing of plant or equipment used for the purposes of a rural enterprise.
Note.
 
Rural industries are not a type of industry—see the definition of that term in this Dictionary.
rural supplies means a building or place used for the display, sale or hire of stockfeeds, grains, seed, fertilizers, veterinary supplies and other goods or materials used in farming and primary industry production.
Note.
 
Rural supplies are a type of retail premises—see the definition of that term in this Dictionary.
rural worker’s dwelling means a building or place that is additional to a dwelling house on the same lot and that is used predominantly as a place of residence by persons employed, whether on a long-term or short-term basis, for the purpose of agriculture or a rural industry on that land.
Note.
 
Rural workers’ dwellings are a type of residential accommodation—see the definition of that term in this Dictionary.
sawmill or log processing works means a building or place used for handling, cutting, chipping, pulping or otherwise processing logs, baulks, branches or stumps, principally derived from surrounding districts, into timber or other products derived from wood.
Note.
 
Sawmill or log processing works are a type of rural industry—see the definition of that term in this Dictionary.
school means a government school or non-government school within the meaning of the Education Act 1990.
Note.
 
Schools are a type of educational establishment—see the definition of that term in this Dictionary.
school-based child care means a building or place within a school that is used to provide out-of-school-hours care (including vacation care) for school children only.
Note.
 Accordingly, a building or place within a school that is used to provide out-of-school-hours care for both school children and pre-school children is not school-based child care.
secondary dwelling means a self-contained dwelling that:
(a)  is established in conjunction with another dwelling (the principal dwelling), and
(b)  is on the same lot of land as the principal dwelling, and
(c)  is located within, or is attached to, or is separate from, the principal dwelling.
Note.
 See clause 5.4 for controls relating to the total floor area of secondary dwellings.
Secondary dwellings are a type of residential accommodation—see the definition of that term in this Dictionary.
self-storage units means premises that consist of individual enclosed compartments for storing goods or materials (other than hazardous or offensive goods or materials).
Note.
 
Self-storage units are a type of storage premises—see the definition of that term in this Dictionary.
semi-detached dwelling means a dwelling that is on its own lot of land and is attached to only one other dwelling.
Note.
 
Semi-detached dwellings are a type of residential accommodation—see the definition of that term in this Dictionary.
seniors housing means a building or place that is:
(a)  a residential care facility, or
(c)  a group of self-contained dwellings, or
(d)  a combination of any of the buildings or places referred to in paragraphs (a)–(c),
and that is, or is intended to be, used permanently for:
(e)  seniors or people who have a disability, or
(f)  people who live in the same household with seniors or people who have a disability, or
(g)  staff employed to assist in the administration of the building or place or in the provision of services to persons living in the building or place,
but does not include a hospital.
Note.
 
Seniors housing is a type of residential accommodation—see the definition of that term in this Dictionary.
service station means a building or place used for the sale by retail of fuels and lubricants for motor vehicles, whether or not the building or place is also used for any one or more of the following:
(a)  the ancillary sale by retail of spare parts and accessories for motor vehicles,
(b)  the cleaning of motor vehicles,
(c)  installation of accessories,
(d)  inspecting, repairing and servicing of motor vehicles (other than body building, panel beating, spray painting, or chassis restoration),
(e)  the ancillary retail selling or hiring of general merchandise or services or both.
serviced apartment means a building (or part of a building) providing self-contained accommodation to tourists or visitors on a commercial basis and that is regularly serviced or cleaned by the owner or manager of the building or part of the building or the owner’s or manager’s agents.
Note.
 
Serviced apartments are a type of tourist and visitor accommodation—see the definition of that term in this Dictionary.
sewage reticulation system means a building or place used for the collection and transfer of sewage to a sewage treatment plant or water recycling facility for treatment, or transfer of the treated waste for use or disposal, including associated:
(a)  pipelines and tunnels, and
(b)  pumping stations, and
(c)  dosing facilities, and
(d)  odour control works, and
(e)  sewage overflow structures, and
(f)  vent stacks.
Note.
 
Sewage reticulation systems are a type of sewerage system—see the definition of that term in this Dictionary.
sewage treatment plant means a building or place used for the treatment and disposal of sewage, whether or not the facility supplies recycled water for use as an alternative water supply.
Note.
 
Sewage treatment plants are a type of sewerage system—see the definition of that term in this Dictionary.
sewerage system means any of the following:
(a)  biosolids treatment facility,
(b)  sewage reticulation system,
(c)  sewage treatment plant,
(d)  water recycling facility,
(e)  a building or place that is a combination of any of the things referred to in paragraphs (a)–(d).
sex services means sexual acts or sexual services in exchange for payment.
sex services premises means a brothel, but does not include home occupation (sex services).
shop means premises that sell merchandise such as groceries, personal care products, clothing, music, homewares, stationery, electrical goods or the like or that hire any such merchandise, and includes a neighbourhood shop, but does not include food and drink premises or restricted premises.
Note.
 
Shops are a type of retail premises—see the definition of that term in this Dictionary.
shop top housing means one or more dwellings located above ground floor retail premises or business premises.
Note.
 
Shop top housing is a type of residential accommodation—see the definition of that term in this Dictionary.
signage means any sign, notice, device, representation or advertisement that advertises or promotes any goods, services or events and any structure or vessel that is principally designed for, or that is used for, the display of signage, and includes any of the following:
(a)  an advertising structure,
(b)  a building identification sign,
(c)  a business identification sign,
but does not include a traffic sign or traffic control facilities.
site area means the area of any land on which development is or is to be carried out. The land may include the whole or part of one lot, or more than one lot if they are contiguous to each other, but does not include the area of any land on which development is not permitted to be carried out under this Plan.
Note.
 The effect of this definition is varied by clause 4.5 for the purpose of the determination of permitted floor space area for proposed development.
site coverage means the proportion of a site area covered by buildings. However, the following are not included for the purpose of calculating site coverage:
(a)  any basement,
(b)  any part of an awning that is outside the outer walls of a building and that adjoins the street frontage or other site boundary,
(c)  any eaves,
(d)  unenclosed balconies, decks, pergolas and the like.
small bar means a small bar within the meaning of the Liquor Act 2007.
Note.
 
Small bars are a type of food and drink premises—see the definition of that term in this Dictionary.
spa pool has the same meaning as in the Swimming Pools Act 1992.
Note.
 The term is defined to include any excavation, structure or vessel in the nature of a spa pool, flotation tank, tub or the like.
stock and sale yard means a building or place that is used on a commercial basis for the purpose of offering livestock or poultry for sale and that may be used for the short-term storage and watering of stock.
Note.
 
Stock and sale yards are a type of rural industry—see the definition of that term in this Dictionary.
storage premises means a building or place used for the storage of goods, materials, plant or machinery for commercial purposes and where the storage is not ancillary to any industry, business premises or retail premises on the same parcel of land, and includes self-storage units, but does not include a heavy industrial storage establishment or a warehouse or distribution centre.
storey means a space within a building that is situated between one floor level and the floor level next above, or if there is no floor above, the ceiling or roof above, but does not include:
(a)  a space that contains only a lift shaft, stairway or meter room, or
(b)  a mezzanine, or
(c)  an attic.
swimming pool has the same meaning as in the Swimming Pools Act 1992.
Note.
 
The term is defined as follows:
swimming pool means an excavation, structure or vessel:
(a)  that is capable of being filled with water to a depth of 300 millimetres or more, and
(b)  that is solely or principally used, or that is designed, manufactured or adapted to be solely or principally used, for the purpose of swimming, wading, paddling or any other human aquatic activity,
and includes a spa pool, but does not include a spa bath, anything that is situated within a bathroom or anything declared by the regulations made under the Swimming Pools Act 1992 not to be a swimming pool for the purposes of that Act.
take away food and drink premises means premises that are predominantly used for the preparation and retail sale of food or drink (or both) for immediate consumption away from the premises.
Note.
 
Take away food and drink premises are a type of food and drink premises—see the definition of that term in this Dictionary.
telecommunications facility means:
(a)  any part of the infrastructure of a telecommunications network, or
(b)  any line, cable, optical fibre, fibre access node, interconnect point equipment, apparatus, tower, mast, antenna, dish, tunnel, duct, hole, pit, pole or other structure in connection with a telecommunications network, or
(c)  any other thing used in or in connection with a telecommunications network.
telecommunications network means a system, or series of systems, that carries, or is capable of carrying, communications by means of guided or unguided electromagnetic energy, or both.
temporary structure has the same meaning as in the Act.
Note.
 
The term is defined as follows:
temporary structure includes a booth, tent or other temporary enclosure (whether or not part of the booth, tent or enclosure is permanent), and also includes a mobile structure.
timber yard means a building or place the principal purpose of which is the sale of sawn, dressed or treated timber, wood fibre boards or similar timber products. It may include the cutting of such timber, boards or products to order and the sale of hardware, paint, tools and materials used in conjunction with the use and treatment of timber.
Note.
 
Timber yards are a type of retail premises—see the definition of that term in this Dictionary.
tourist and visitor accommodation means a building or place that provides temporary or short-term accommodation on a commercial basis, and includes any of the following:
(a)  backpackers’ accommodation,
(b)  bed and breakfast accommodation,
(c)  farm stay accommodation,
(d)  hotel or motel accommodation,
(e)  serviced apartments,
but does not include:
(f)  camping grounds, or
(g)  caravan parks, or
(h)  eco-tourist facilities.
transport depot means a building or place used for the parking or servicing of motor powered or motor drawn vehicles used in connection with a business, industry, shop or passenger or freight transport undertaking.
truck depot means a building or place used for the servicing and parking of trucks, earthmoving machinery and the like.
turf farming means the commercial cultivation of turf for sale and the removal of turf for that purpose.
Note.
 
Turf farming is a type of intensive plant agriculture—see the definition of that term in this Dictionary.
underground mining means:
(a)  mining carried out beneath the earth’s surface, including bord and pillar mining, longwall mining, top-level caving, sub-level caving and auger mining, and
(b)  shafts, drill holes, gas and water drainage works, surface rehabilitation works and access pits associated with that mining (whether carried out on or beneath the earth’s surface),
but does not include open cut mining.
vehicle body repair workshop means a building or place used for the repair of vehicles or agricultural machinery, involving body building, panel building, panel beating, spray painting or chassis restoration.
vehicle repair station means a building or place used for the purpose of carrying out repairs to, or the selling and fitting of accessories to, vehicles or agricultural machinery, but does not include a vehicle body repair workshop or vehicle sales or hire premises.
vehicle sales or hire premises means a building or place used for the display, sale or hire of motor vehicles, caravans, boats, trailers, agricultural machinery and the like, whether or not accessories are sold or displayed there.
Note.
 
Vehicle sales or hire premises are a type of retail premises—see the definition of that term in this Dictionary.
veterinary hospital means a building or place used for diagnosing or surgically or medically treating animals, whether or not animals are kept on the premises for the purpose of treatment.
viticulture means the cultivation of grapes for use in the commercial production of fresh or dried fruit or wine.
Note.
 
Viticulture is a type of intensive plant agriculture—see the definition of that term in this Dictionary.
warehouse or distribution centre means a building or place used mainly or exclusively for storing or handling items (whether goods or materials) pending their sale, but from which no retail sales are made.
waste disposal facility means a building or place used for the disposal of waste by landfill, incineration or other means, including such works or activities as recycling, resource recovery and other resource management activities, energy generation from gases, leachate management, odour control and the winning of extractive material to generate a void for disposal of waste or to cover waste after its disposal.
Note.
 
Waste disposal facilities are a type of waste or resource management facility—see the definition of that term in this Dictionary.
waste or resource management facility means any of the following:
(a)  a resource recovery facility,
(b)  a waste disposal facility,
(c)  a waste or resource transfer station,
(d)  a building or place that is a combination of any of the things referred to in paragraphs (a)–(c).
waste or resource transfer station means a building or place used for the collection and transfer of waste material or resources, including the receipt, sorting, compacting, temporary storage and distribution of waste or resources and the loading or unloading of waste or resources onto or from road or rail transport.
Note.
 
Waste or resource transfer stations are a type of waste or resource management facility—see the definition of that term in this Dictionary.
water recreation structure means a structure used primarily for recreational purposes that has a direct structural connection between the shore and the waterway, and may include a pier, wharf, jetty or boat launching ramp.
water recycling facility means a building or place used for the treatment of sewage effluent, stormwater or waste water for use as an alternative supply to mains water, groundwater or river water (including, in particular, sewer mining works), whether the facility stands alone or is associated with other development, and includes associated:
(a)  retention structures, and
(b)  treatment works, and
(c)  irrigation schemes.
Note.
 
Water recycling facilities are a type of sewerage system—see the definition of that term in this Dictionary.
water reticulation system means a building or place used for the transport of water, including pipes, tunnels, canals, pumping stations, related electricity infrastructure, dosing facilities and water supply reservoirs.
Note.
 
Water reticulation systems are a type of water supply system—see the definition of that term in this Dictionary.
water storage facility means a dam, weir or reservoir for the collection and storage of water, and includes associated monitoring or gauging equipment.
Note.
 
Water storage facilities are a type of water supply system—see the definition of that term in this Dictionary.
water supply system means any of the following:
(a)  a water reticulation system,
(b)  a water storage facility,
(c)  a water treatment facility,
(d)  a building or place that is a combination of any of the things referred to in paragraphs (a)–(c).
water treatment facility means a building or place used for the treatment of water (such as a desalination plant or a recycled or reclaimed water plant) whether the water produced is potable or not, and includes residuals treatment, storage and disposal facilities, but does not include a water recycling facility.
Note.
 
Water treatment facilities are a type of water supply system—see the definition of that term in this Dictionary.
waterbody means a waterbody (artificial) or waterbody (natural).
waterbody (artificial) or artificial waterbody means an artificial body of water, including any constructed waterway, canal, inlet, bay, channel, dam, pond, lake or artificial wetland, but does not include a dry detention basin or other stormwater management construction that is only intended to hold water intermittently.
waterbody (natural) or natural waterbody means a natural body of water, whether perennial or intermittent, fresh, brackish or saline, the course of which may have been artificially modified or diverted onto a new course, and includes a river, creek, stream, lake, lagoon, natural wetland, estuary, bay, inlet or tidal waters (including the sea).
watercourse means any river, creek, stream or chain of ponds, whether artificially modified or not, in which water usually flows, either continuously or intermittently, in a defined bed or channel, but does not include a waterbody (artificial).
waterway means the whole or any part of a watercourse, wetland, waterbody (artificial) or waterbody (natural).
wetland means:
(a)  natural wetland, including marshes, mangroves, backwaters, billabongs, swamps, sedgelands, wet meadows or wet heathlands that form a shallow waterbody (up to 2 metres in depth) when inundated cyclically, intermittently or permanently with fresh, brackish or salt water, and where the inundation determines the type and productivity of the soils and the plant and animal communities, or
(b)  artificial wetland, including marshes, swamps, wet meadows, sedgelands or wet heathlands that form a shallow waterbody (up to 2 metres in depth) when inundated cyclically, intermittently or permanently with water, and are constructed and vegetated with wetland plant communities.
wharf or boating facilities means a wharf or any of the following facilities associated with a wharf or boating that are not port facilities:
(a)  facilities for the embarkation or disembarkation of passengers onto or from any vessels, including public ferry wharves,
(b)  facilities for the loading or unloading of freight onto or from vessels and associated receival, land transport and storage facilities,
(c)  wharves for commercial fishing operations,
(d)  refuelling, launching, berthing, mooring, storage or maintenance facilities for any vessel,
(e)  sea walls or training walls,
(f)  administration buildings, communication, security and power supply facilities, roads, rail lines, pipelines, fencing, lighting or car parks.
wholesale supplies means a building or place used for the display, sale or hire of goods or materials by wholesale only to businesses that have an Australian Business Number registered under the A New Tax System (Australian Business Number) Act 1999 of the Commonwealth.
Historical notes
The following abbreviations are used in the Historical notes:
AmamendedLWlegislation websiteSchSchedule
ClclauseNonumberSchsSchedules
CllclausesppageSecsection
DivDivisionpppagesSecssections
DivsDivisionsRegRegulationSubdivSubdivision
GGGovernment GazetteRegsRegulationsSubdivsSubdivisions
InsinsertedReprepealedSubstsubstituted
Table of amending instruments
Lane Cove Local Environmental Plan 2009 (2010-49). LW 19.2.2010. Date of commencement, on publication on LW, cl 1.1A. This Plan has been amended as follows:
2010
(161)
Standard Instrument (Local Environmental Plans) Amendment (Miscellaneous) Order 2010. LW 30.4.2010.
Date of commencement, on publication on LW, cl 2.
 
(162)
State Environmental Planning Policy (Standard Instrument) Amendment (Miscellaneous) 2010. LW 30.4.2010.
Date of commencement, on publication on LW, cl 2.
 
No 59
Statute Law (Miscellaneous Provisions) Act 2010. Assented to 28.6.2010.
Date of commencement of Sch 2.48, 9.7.2010, sec 2 (2).
2011
(102)
Standard Instrument (Local Environmental Plans) Amendment Order 2011. LW 25.2.2011.
Date of commencement, on publication on LW, cl 2. The amendments made by Sch 2 have effect 4 months after that commencement. See cl 9 (1) of the Standard Instrument (Local Environmental Plans) Order 2006 (155).
 
(362)
Standard Instrument (Local Environmental Plans) Amendment (Miscellaneous) Order 2011. LW 13.7.2011.
Date of commencement, on publication on LW, cl 2.
 
(363)
State Environmental Planning Policy Amendment (Standard Instrument) 2011. LW 13.7.2011.
Date of commencement, on publication on LW, cl 2.
 
No 41
Transport Legislation Amendment Act 2011. Assented to 13.9.2011.
Date of commencement of Sch 5.52, 1.11.2011, sec 2 and 2011 (559) LW 28.10.2011.
2012
(506)
Standard Instrument (Local Environmental Plans) Amendment (Definitions) Order 2012. LW 5.10.2012.
Date of commencement, on publication on LW, cl 2.
 
No 96
Forestry Act 2012. Assented to 21.11.2012.
Date of commencement of Sch 4.41, 7.1.2013, sec 2 and 2012 (680) LW 21.12.2012.
2013
(6)
Lane Cove Local Environmental Plan 2009 (Amendment No 7). LW 18.1.2013.
Date of commencement, on publication on LW, cl 2.
 
No 5
Liquor Amendment (Small Bars) Act 2013. Assented to 19.3.2013.
Date of commencement, 1.7.2013, sec 2 and 2013 (292) LW 21.6.2013.
 
(464)
Lane Cove Local Environmental Plan 2009 (Amendment No 1). LW 23.8.2013.
Date of commencement, on publication on LW, cl 2.
 
(465)
Lane Cove Local Environmental Plan 2009 (Amendment No 5). LW 23.8.2013.
Date of commencement, on publication on LW, cl 2.
 
(466)
Lane Cove Local Environmental Plan 2009 (Amendment No 12). LW 23.8.2013.
Date of commencement, on publication on LW, cl 2.
 
(508)
Lane Cove Local Environmental Plan 2009 (Amendment No 9). LW 30.8.2013.
Date of commencement, on publication on LW, cl 2.
 
(522)
Lane Cove Local Environmental Plan 2009 (Amendment No 15). LW 6.9.2013.
Date of commencement, on publication on LW, cl 2.
 
(538)
Lane Cove Local Environmental Plan 2009 (Amendment No 4). LW 13.9.2013.
Date of commencement, on publication on LW, cl 2.
 
(565)
Lane Cove Local Environmental Plan 2009 (Amendment No 11). LW 27.9.2013.
Date of commencement, on publication on LW, cl 2.
 
No 111
Statute Law (Miscellaneous Provisions) Act (No 2) 2013. Assented to 3.12.2013.
Date of commencement of Sch 3.27, 10.1.2014, Sch 3.27.
2014
(221)
Lane Cove Local Environmental Plan 2009 (Amendment No 8). LW 17.4.2014.
Date of commencement, on publication on LW, cl 2.
 
No 33
Statute Law (Miscellaneous Provisions) Act 2014. Assented to 24.6.2014.
Date of commencement of Sch 2.36, 14.7.2014, Sch 2.36.
 
(513)
Standard Instrument (Local Environmental Plans) Amendment Order 2014. LW 15.8.2014.
Date of commencement, on publication on LW, cl 2.
2015
(210)
Lane Cove Local Environmental Plan 2009 (Amendment No 18). LW 15.5.2015.
Date of commencement, on publication on LW, cl 2.
 
No 15
Statute Law (Miscellaneous Provisions) Act 2015. Assented to 29.6.2015.
Date of commencement of Sch 3, 15.7.2015, sec 2 (3).
 
(413)
Lane Cove Local Environmental Plan 2009 (Amendment No 14). LW 24.7.2015.
Date of commencement, on publication on LW, cl 2.
 
(438)
Lane Cove Local Environmental Plan 2009 (Amendment No 17). LW 31.7.2015.
Date of commencement, on publication on LW, cl 2.
2016
(43)
Standard Instrument (Local Environmental Plans) Amendment (Maps) Order 2016. LW 27.1.2016.
Date of commencement, 27.1.2016, cl 2.
 
(126)
Standard Instrument (Local Environmental Plans) Amendment Order 2016. LW 11.3.2016.
Date of commencement, on publication on LW, cl 2.
 
(192)
Lane Cove Local Environmental Plan 2009 (Amendment No 21). LW 15.4.2016.
Date of commencement, on publication on LW, cl 2.
 
(309)
Standard Instrument (Local Environmental Plans) Amendment (Observatory and Defence Facility) Order 2016. LW 10.6.2016.
Date of commencement, 56 days after publication on LW, cl 2.
 
(314)
Lane Cove Local Environmental Plan 2009 (Amendment No 19). LW 10.6.2016.
Date of commencement, on publication on LW, cl 2.
 
(824)
Lane Cove Local Environmental Plan 2009 (Amendment No 20). LW 23.12.2016.
Date of commencement, on publication on LW, cl 2.
2017
(453)
 
(492)
Standard Instrument (Local Environmental Plans) Amendment (Child Care) Order 2017. LW 1.9.2017.
Date of commencement, on publication on LW, cl 2.
 
(493)
State Environmental Planning Policy Amendment (Child Care) 2017. LW 1.9.2017.
Date of commencement, on publication on LW, cl 2.
Table of amendments
No reference is made to certain amendments made consequential on the amendment of the Standard Instrument (Local Environmental Plans) Order 2006.
Cl 1.1A
Rep 2010 (162), Sch 1.3 [1].
Cl 1.8A
Am 2014 (221), cl 5; 2016 (192), cl 4; 2016 (314), cl 5; 2016 (824), Sch 1 [1].
Cl 1.9A
Am 2011 (363), Sch 12 [1].
Cl 2.1
Am 2013 (6), Sch 1 [1].
Cl 2.6BB
Ins 2010 (162), Sch 1.3 [2].
Cll 2.6A, 2.6B
Rep 2010 (162), Sch 1.3 [1].
Land Use Table
Am 2010 (162), Sch 1.3 [3]; 2010 No 59, Sch 2.48; 2011 (363), Sch 12 [2]–[14]; 2013 (6), Sch 1 [2]; 2017 (493), Sch 1.1 [1] [2].
Cl 3.1
Am 2010 (162), Sch 1.3 [4].
Cl 3.2
Am 2010 (162), Sch 1.3 [5].
Cl 4.1AA
Ins 2011 (363), Sch 12 [15].
Cl 4.6
Am 2011 (363), Sch 12 [16].
Cl 5.4
Am 2011 (363), Sch 12 [17].
Cl 5.9
Am 2011 (363), Sch 12 [18].
Cl 5.13
Ins 2011 (363), Sch 12 [19].
Cl 6.1A
Ins 2011 (363), Sch 12 [20].
Cll 6.6, 6.7
Ins 2015 (210), Sch 1.
Sch 2
Am 2010 (162), Sch 1.3 [6]; 2013 (465), Sch 1.
Sch 3
Am 2010 (162), Sch 1.3 [7].
Sch 4
Am 2013 (538), cl 4; 2015 (438), cl 5 (1) (2); 2016 (824), Sch 1 [2] [3].
Sch 5
Am 2013 (508), Sch 1 [1]–[3].
Dictionary
Am 2015 (438), cl 5 (3).
Maps
Am 2013 (6), cl 4; 2013 (464), cl 4; 2013 (466), cl 4; 2013 (508), cl 4; 2013 (522), cl 4; 2013 (565), cl 4; 2014 (221), cl 4; 2015 (49), Sch 1; 2015 (210), cl 4; 2015 (413), cl 4; 2015 (438), cl 4; 2016 (314), cl 4; 2016 (824), cl 4.