North Sydney Local Environmental Plan57. 7-17 William Street, North Sydney North Sydney Local Environmental Plan 1989 Edited & printed 15.12.08 3 I:\DOCS\LEP\LEP1989 15Dec08.doc 58

$Page 1: North Sydney Local Environmental Plan57. 7-17 William Street, North Sydney North Sydney Local Environmental Plan 1989 Edited & printed 15.12.08 3 I:\DOCS\LEP\LEP1989 15Dec08.doc 58$
North Sydney

Local Environmental Plan

1989

North Sydney Local Environmental Plan 1989 Edited & printed 15.12.08 2

I:\DOCS\LEP\LEP1989 15Dec08.doc



AMENDMENTS This document is an amended version of the North Sydney Local Environmental Plan 1989 which was gazetted on November 3, 1989. A list of the amendments up to and including Amendment 67 (11 October 2002) including the gazettal dates and a summary of these instruments can be found at the end of this document. In addition, it includes the amendments enacted by the gazettal of State Environmental Planning Policy (Repeal of Concurrence and Referral Provisions) 2008. For detailed information or a copy of the relevant amendment contact Council's Customer Service Centre. This reprint of LEP 1989 is a complete version of the LEP as it existed immediately prior to the Gazettal of North Sydney LEP 2001. LEP 1989 only applies to the properties at 303 Miller Street and 79 Berry Street, following the gazettal of NSLEP 2001 and NSLEP 2001 - Amendment No 9.




TABLE OF PROVISIONS PART 1 - PRELIMINARY clause 1. Citation

2. Aims, objectives, etc. 3. Land to which Plan applies 4. Relationship to other environmental planning instruments 5. Definitions 6. Adoption of model provisions 7. Consent authority

PART 2 - GENERAL RESTRICTIONS ON DEVELOPMENT

8. Zones indicated on the map 9. Development control table

9A Exempt Development 9B Complying Development PART 3 - SPECIAL PROVISIONS

Division 1 - Subdivision of Land

10. Consent required for subdivision 11. Minimum allotment size in residential zones

Division 2 - Controls in Residential Zones

12. Storeys 12A. Control in 2(g) zone 13. Building height plane 13A. Landscaped area 14. Dwelling-houses on small lots 14A. Residential flat buildings in 2(c) zone 15. Controls in Residential "D" zone 16. Controls in Zones Nos. 2(e) and 6(e) 17. Buildings at Ross Street 17A. Controls in zone 2(f)

Division 3 - Controls in the Commercial Zone

18. Floor space ratios 19. Storeys 19A. Storeys - special provisions 20. Floor space - special provisions 21. Building height plane in Zone No. 3(a) 21A. Building Height Plane in Zone No 3(a) - Special Provisions 22. Car repair stations 23. Use of residential buildings in Zone No. 3(a)



Division 4 - Reserved Land

24. Reserved land - Zones Nos. 9(a) and 9(c) 25. Reserved land - Zone No. 9(b) 26. Acquisition and development of land reserved for roads - Zone No. 9(d)

Division 5 - General Provisions

27. Special use - roads 28. Advertisement of development applications 29. Foreshore building line 30. Dedication of foreshore land for open space purposes 31. Balcony enclosures 32. Services 33. Community use of schools etc. 34. Certain buildings in Zone No. 2(d) 34A. Outdoor Advertising 34B. Telecommunications Facilities

PART 4 - HERITAGE PROVISIONS

35. Objectives 36. Interpretation 37. Heritage items 38. Development in the vicinity of heritage items 39. Conservation areas 40. Development in the vicinity of Aboriginal relics 41. Heritage advertisements and notifications

PART 5 - PARTICULAR PROVISIONS

42. The Civic Centre 42A Civic Centre Open Space 43. Development of certain land - St. Leonards Park 44. Hume Street car-park 45. Alexander Street car-park 46. Nicholson Street car-park 47. Holtermann Street car-park 48. Crows Nest Community Centre 49. Sails restaurant 50. 21-23 William Street, North Sydney 51. Pacific Highway, West, Church and McLaren Streets 52. 118 High Street, North Sydney - decontamination of certain land 53. 42 McDougall Street and 14 Hipwood Street, Kirribilli 54. South-East Corner of Lavender Street and Blues Point Road, McMahons Point 55. 19-21 Hayes Street, Neutral Bay 56. 196 and 196A Miller Street, North Sydney 57. 7-17 William Street, North Sydney



58. South-West Corner of Mackenzie and Walker Streets, North Sydney 59. 267-283 Miller Street, North Sydney 60. Elliott Street, North Sydney 61. Site No. 1, Mater Hospital, 194 Pacific Highway, Crows Nest 62. 243-265 Miller Street, North Sydney 63. 52 & 54 High Street, North Sydney 64. 6 Warung Street, McMahons Point 65. 1 Amherst Street, Cammeray 66. 34 McLaren Street, North Sydney 66A. 59 Wycombe Road, Neutral Bay 67. 58 - 68 Milray Avenue, Wollstonecraft 68. 16-18 Munro Street, McMahons Point 69. Bays 24-44 Ennis Road, Milsons Point 70. 17-19 Wycombe Road, Neutral Bay 71. Reclassification of public land 73. Waverton Peninsula 74. North Sydney CBD 75. North Sydney CBD

SCHEDULE 1 SCHEDULE 2 - HERITAGE ITEMS SCHEDULE 3 - CREMORNE POINT SCHEDULE 4 - CLASSIFICATION OR RECLASSIFICATION OF PUBLIC LAND AS

OPERATIONAL LAND SCHEDULE 5 - EXEMPT DEVELOPMENT SCHEDULE 6 - COMPLYING DEVELOPMENT SCHEDULE 7 - COMPLYING DEVELOPMENT CERTIFICATE STANDARD CONDITIONS SCHEDULE 8 - TELECOMMUNICATIONS FACILITIES AMENDMENTS ADDITIONAL CLAUSES




PART 1 - PRELIMINARY Citation 1. This Plan may be cited as North Sydney Local Environmental Plan 1989. Aims, Objectives, Etc. 2. The general aims and objectives of this plan are -

(a) to maintain and increase the availability of land for residential use in North Sydney and to prevent the further alienation of residential areas;

(b) to maintain and increase the present population of the municipality by retaining

residentially zoned land for residential purposes, by restricting the expansion of other uses into residential zones and encouraging residential use of buildings in non-residential zones, especially those buildings in the commercial zones;

(c) to ensure that proper regard is given to the needs and wishes of the community and

environmental quality;

(d) to ensure that development on land at or near the foreshores of Port Jackson is designed so as to take into consideration the appearance of the land and development when viewed from Port Jackson;

(e) to improve access to the foreshore areas of the Municipality by acquisition or

dedication or by gaining rights of public access over foreshore land;

(f) to maintain commercial and industrial areas within the Municipality while protecting existing residential accommodation and amenity;

(g) to provide increased opportunities for public involvement and participation in

environmental planning and assessment within the Municipality by advertising all development applications;

(h) to provide for the economic and efficient use of land;

(i) to incorporate all planning controls for the Municipality into a single local

environmental plan;

(j) to minimise the adverse effect of traffic within the Municipality;

(k) to encourage the amalgamation of development sites generally where appropriate and in particular to avoid the inefficient use of land and to ensure that existing dwellings on sites too small to be redeveloped are developed in conjunction with adjoining properties;

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(l) to control subdivisions in accordance with the special provisions in that behalf made by this plan;

(m) to identify items of environmental heritage and conservation areas and to provide

guidelines to ensure their conservation; and

(n) to allow for outdoor advertising which makes a positive contribution to the built environment of the area of North Sydney and minimises visual clutter.

Land to which Plan applies 3. (1) (repealed)

(2) any land that has been excluded from North Sydney Local Environmental Plan 2001 under section 70 (4) of the Act and that has not been subsequently included in the land to which that plan applies.

Relationship to other Environmental Planning Instruments 4. (1) Environmental planning instruments applying to land within the Municipality of

North Sydney and in force immediately before the appointed day are repealed or amended as set forth in Schedule 1.

(2) Clauses 9 and 10 of State Environmental Planning Policy No. 4 - Development

Without Consent do not apply to the carrying out of development in conservation areas, and in relation to heritage items, to which this plan applies.

(3) State Environmental Planning Policy No. 25 - Residential Allotment Sizes and Dual

Occupancy Subdivision and Sydney Regional Environmental Plan No. 12 - Dual Occupancy do not apply to the land to which this plan applies.

DIVISION 3 - INTERPRETATION Definitions 5. (1) In this plan -

Aadult services@ means the use of premises for the purpose of a massage parlour, adult sexual services or the like, but not for the purpose of a home occupation;

"advertisement" means a display by the use of symbols, messages or other devices for promotional purposes or for conveying information, instructions, directions or the like, whether or not the display includes the erection of a structure or the carrying out of a work;

http://www.legislation.nsw.gov.au/summarize/inforce/s/1/?xref=RecordType%3DEPITOC%20AND%20Year%3D2001%20AND%20EPINo%3D380&nohits=y

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"airline terminal" means a building or place used for the assembly of passengers and goods prior to the transport of those passengers and goods either to or from an airport or an aerodrome;

"appointed day" means the day on which this plan takes effect;

"arterial road" means arterial road as defined in State Environmental Planning Policy No. 11 - Traffic Generating Developments and includes a county road;

"attached dwellings" means a building on a single allotment containing two or more dwellings, each dwelling having an individual entrance and access to a courtyard at natural ground level, being a dwelling no part of which is superimposed on any part of another dwelling (except parking spaces) and includes dwellings in a row of 2 or more dwellings attached to each other such as are commonly known as townhouses;

Abackpacker=s accommodation@ means a building or part of a building primarily or principally used to provide accommodation for travellers, for tourists or for person engaged in recreational pursuits but is not used as their principal place of residence;

"boarding house" means a residential building that is let in lodgings which primarily or principally provides lodgers with a principal place of residence, but does not include backpackers= accommodation, serviced apartment or a motel;

Abrothel@ means premises habitually used for the purpose of prostitution, but not for the purpose of a home occupation;

"building height plane" means a plane projected at an angle of 45 degrees over a site commencing 1.8 metres above natural ground level along a boundary of the site or along any other line or boundary specified in this plan for the purpose of establishing a building height plane;

"bulk store" means a building or place used for the bulk storage of goods, where the goods stored or to be stored are not required for use in a shop or commercial premises on the same parcel of land or on adjoining land in the same ownership;

"bus depot" means a building or place used for the servicing, repair and garaging of buses and other vehicles used for the purposes of a bus transport undertaking;

"bus station" means a building or place used as a terminal for the assembly and dispersal of passengers travelling by bus; "bushland" means land on which there is vegetation which is either a remainder of the natural vegetation of the land or, if altered, is still representative of the structure and floristics of the natural vegetation;

Abusiness identification sign@ means an advertisement which, in respect of any place or premises, to which it is fixed, contains all or any of the following:

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(a) a reference to the identity or a description of the place or premises;

(b) a reference to the identity or a description of any person residing or carrying

on an occupation or activity at the place or premises;

(c) such directions or cautions as are usual or necessary relating to the place or premises or any occupation or activity carried on there;

(d) particulars or notifications required or permitted to be displayed by or under

any Act or any Act of Parliament of the Commonwealth;

(e) particulars relating to the goods, commodities or services dealt with or provided at the place or premises;

(f) a reference to an affiliation with a trade, professional or other association

relevant to the business conducted at the place or premises;

"car-park" means a building or place used for the parking of motor vehicles other than parking which is ancillary to or incidental to development for a purpose which is permissible either with or without development consent;

"car repair station" means a building or place used for the purpose of servicing or repairing motor vehicles not involving:-

(a) body building;

(b) panel beating; or (c) spray painting other than of a touching-up character;

"characteristic building" means any building, as it existed on 11 December 1992, within Zone No. 2(g) which reflects the predominant building form in Cremorne Point in terms of height, setbacks, subdivision pattern, orientation, building footprint, bulk and landscaping, and which is not identified in Schedule 3 - Cremorne Point;

"child care centre" means a building or place used as a child care centre within the meaning of Part 7 of the Child Welfare Act 1939, and includes pre-schools, kindergartens and long day care centres; "club" means a building used by persons associated, or by a body incorporated, for social, literary, political, sporting, athletic or other lawful purposes whether of the same or of a different kind and whether or not the whole or a part of the building is the premises of a club registered under the Registered Clubs Act 1976;

"commercial premises" means a building or place used as an office or for other business or commercial purposes, but does not include a building or place elsewhere specifically defined in this clause or a building or place used for a purpose elsewhere specifically defined in this clause;

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Acommunity land@ means land classified as community land within the meaning of the Local Government Act 1993;

Acommunity notice sign@ means a notice or display of public information by a public authority giving information or directions about services provided by that authority;

"conservation area" means the land edged blue and marked "conservation area" on the map;

"Council" means the Council of the Municipality of North Sydney;

"cultural significance" means aesthetic, archaeological, architectural, natural historic, scientific or social value for present and future generations;

"development" has the meaning ascribed to it in section 4 of the Act;

"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 comprising one but not more than one dwelling on a single allotment, but does not include a building or place elsewhere specifically defined in this clause;

"educational establishment" means a building used as a school, college, technical college, academy, lecture hall, gallery or museum, but does not include a building used wholly or principally as an institution or child care centre;

"existing building" means a building in existence at the appointed day;

"floor" means that space within a building which is situated between one floor level and the floor level next above or if there is no floor above, the ceiling or roof above;

"floor space ratio", in relation to a building, means the ratio of the gross floor area of the building to the area of the site on which the building is or is proposed to be erected; "generating works" means a building or place used for the purpose of making or generating gas, electricity or other forms of energy;

"gross floor area" means the sum of the areas of each floor of a building where the area of each floor is taken to be the area within the outer face of the external enclosing walls as measured at a height of 1,400 millimetres above each floor level, excluding the following:

(a) columns, fin walls, sun control devices, awnings, and any other elements,

projections or works outside the general lines of the outer face of the external wall;

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(b) lift towers, cooling towers, machinery and plant rooms and ancillary storage space and vertical air-conditioning ducts;

(c) car-parking needed to meet the requirements of the Council and any internal

access thereto;

(d) space for the loading and unloading of goods;

(e) internal public arcades and thoroughfares, terraces, balconies with outer walls less than 1400 millimetres high and the like;

"health care professional" means a person who renders professional health services to members of the public, and includes -

(a) a chiropodist registered under the Chiropodists Registration Act 1962;

(b) a chiropractor or an osteopath or a chiropractor and an osteopath registered

under the Chiropractic Act 1978;

(c) a physiotherapist registered under the Physiotherapists Registration Act 1945;

(d) an optometrist registered under the Optometrists Act 1930; and

(e) an acupuncturist, a naturopath, a psychologist, a herbalist, a homoeopath and the like.

"helipad" means an area or place not open to public use which is set apart and lawfully used for the taking off and landing of helicopters;

"heliport" means an area or place open to public use which is licensed by the appropriate Commonwealth authority for use by helicopters and includes terminal buildings and facilities for the parking, servicing and repair of helicopters;

"home industry" means an industry carried on in a building (other than a dwelling-house or a dwelling in a residential flat building) under the following circumstances:

(a) the building does not have a gross floor area exceeding 50 square metres and

is erected within the curtilage of the dwelling-house or residential flat building occupied by the person carrying on the industry or on adjoining land owned by that person; and

(b) the industry does not -

(i) interfere with the amenity of the locality by reason of the emission of

noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil or otherwise; or

(ii) involve exposure to view from any adjacent premises or from any

public place of any unsightly matter; or

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(iii) require the provision of any essential service main of a greater capacity than that available in the locality;

"home occupation" means an occupation carried on in a dwelling-house or in a dwelling in a residential flat building by the permanent residents of the dwelling-house or dwelling which does not involve -

(a) the registration of the building under the Factories, Shops and Industries Act

1962;

(b) the employment of persons other than those residents;

(c) 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 or grit, oil or otherwise;

(d) the display of goods, whether in a window or otherwise;

(e) the exhibition of any notice, advertisement or sign (other than a notice,

advertisement or sign exhibited on that dwelling-house or dwelling to indicate the name and occupation of the resident); or

(f) the sale of items (whether goods or materials), or the exposure or offer for

sale of items, by retail;

"hospital" means a building or place used as -

(a) a hospital;

(b) a sanatorium;

(c) a health centre;

(d) a nursing home; or

(e) a home for aged persons, infirm persons, incurable persons or convalescent persons;

whether public or private, and includes a shop or dispensary used in conjunction therewith, but does not include an institution;

"hotel" means any premises specified in a hotelier's licence granted under the Liquor Act 1982;

"housing for aged or disabled persons" means a hostel or a grouping of 2 or more self-contained dwellings or a combination of both, or any other form of residential accommodation, used for the permanent residential accommodation of aged persons or disabled persons and which includes 1 or more of the following facilities provided for use in connection with that accommodation:

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(a) accommodation for staff employed in connection with that accommodation;

(b) chapels;

(c) medical consulting rooms;

(d) meeting rooms;

(e) recreation facilities;

(f) shops;

(g) therapy rooms;

(h) any other facilities for the use or benefit of aged persons or disabled persons; "industry" means -

(a) any manufacturing process within the meaning of the Factories, Shops and

Industries Act 1962; or

(b) the breaking up or dismantling of any goods or any article for trade or sale or gain or as ancillary to any business;

"infill development" means the erection of a building comprising one or more additional dwellings on the same allotment as an existing building, where the existing building and allotment are to be retained, but does not include a building or place elsewhere specifically defined in this clause;

"institution" has the same meaning as in the Environmental Planning and Assessment Model Provisions 1980;

"junk yard" means land used for the collection, storage, abandonment or sale of scrap metals, waste paper, rags, bottles or other scrap materials or goods used for the collecting, dismantling, storage, salvaging or abandonment of automobiles or other vehicles or machinery or for the sale of parts thereof;

"landscaped area" means that part of the site not occupied at or above ground level by any building or swimming pool which part is or is proposed to be predominantly landscaped by way of planting, gardens, lawns, shrubs or trees and is available for use and enjoyment by the occupants of the building erected on the site but does not include any area set aside for driveways and parking;

"light industry" means an industry, not being an offensive or hazardous industry, in which the processes carried on, the transportation involved or the machinery or materials used do 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 does not include industries commonly known as heavy industries;

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"liquid fuel depot" means a depot or place used for the bulk storage for wholesale distribution of petrol, oil, petroleum or other inflammable liquid;

"main road" means a main road within the meaning of the State Roads Act 1986;

"major road frontage" in relation to land, means the frontage of that land to -

(a) a main or arterial road; or

(b) a road connecting with a main or arterial road, if the whole or any part of the

frontage is within 90 metres (measured along the road alignment of the connecting road) of the alignment of the main or arterial road;

"marina" means a pontoon, jetty, pier or other structure (whether water based or land based) designed to provide moorings or dry storage for boats used primarily for pleasure or recreation, or comprising (whether or not in addition to the foregoing) works such as slipways, hoists or facilities for the repair and maintenance of boats, and the provision of fuel, accessories and parts for boats, and of foodstuffs;

"mine" means any place, open cut, shaft, tunnel, pit, drive, level or other excavation, drift, gutter, lead, vein, lode or reef on, in or by which any operation is carried on for or in connection with the purpose of obtaining any metal or mineral by any mode or method and any place on which any product of the mine is stacked, stored, crushed or otherwise treated, but does not include a quarry;

"mineral sand mine" means a mine for or in connection with the purpose of obtaining ilmenite, monazite, rutile, zircon or similar minerals;

"motel" means a building or buildings (other than a hotel, boarding house, residential flat building or serviced apartment) substantially used for the over-night accommodation of travellers and the vehicles used by them, whether or not the building or buildings are also used in the provision of meals to those travellers or the general public;

"natural ground level" means the level of any land to which this plan applies at the 3rd December 1982;

"offensive or hazardous industry" means an industry which, by reason of the processes involved or the method of manufacture or the nature of the materials used or produced, requires isolation from other buildings;

Aoperational land@ means land classified as operational land within the meaning of the Local Government Act 1993;

"parking space" includes any garage or area available for the parking of motor vehicles;

"place of assembly" means a public hall, theatre, cinema, music hall, concert hall, dance hall, open air theatre, drive-in theatre, music bowl or any other building of a

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like character used as such and whether used for the purposes of gain or not, but does not include a place of public worship, an institution or an educational establishment;

"place of public worship" means a church, chapel or other place of public worship or religious instruction or place used for the purpose of religious training; "professional consulting rooms" means premises used by not more than 3 legally qualified medical practitioners or by not more than 3 dentists, within the meaning of the Dentists Act 1934, or by not more than 3 health care professionals, who practise therein the profession of medicine, dentistry or health care respectively, and if more than one, practise in partnership, and who employ not more than 3 employees in connection with that practice;

"public 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;

"public utility undertaking" means any of the following undertakings carried on or permitted or suffered to be carried on by or by authority of any Government Department 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 shall be construed as including a reference to a Council, county council, Government Department, corporation, firm or authority carrying on the undertaking;

Areal estate sign@ means an advertisement which, in respect of any place or premises to which it is fixed, contains only a notice that the place or premises is or are for sale or letting (together with details relating to the sale or letting) and:

(a) in the case of an advertisement relating to residential premises or premises

containing serviced apartments:

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(i) does not exceed 2.5 sq. m. in area; (ii) has no return exceeding 200mm; and (iii) is not illuminated;

(b) in the case of an advertisement relating to commercial or industrial premises:

(i) does not exceed 4.5 sq. m. in area; (ii) has no return exceeding 200mm; and (iii) is not illuminated;

(c) is removed no later than 14 days after letting or completion of the sale of the

premises or place to which the sign relates;

"recreation area" means -

(a) a new children's playground;

(b) an area used for sporting activities or sporting facilities;

(c) an area used by the Council to provide recreational facilities for the physical, cultural or intellectual welfare of the community; or

(d) an area used by a body of persons associated for the purposes of the physical,

cultural or intellectual welfare of the community to provide recreational facilities for those purposes,

but does not include a racecourse or a showground;

"recreation establishment" means a health farm, religious retreat house, rest home, youth camp and the like but does not include a building or place elsewhere specifically defined in this clause or a building or place used or intended for use for a purpose elsewhere specifically defined in this clause;

"recreation facility" means a building or place used for indoor recreation, a billiard saloon, table tennis centre, squash court, swimming pool, gymnasium, health studio, bowling alley, fun parlour or any other building of a like character used for recreation and whether used for the purpose of gain or not, but does not include a place of assembly;

"refreshment room" means a restaurant, café, tea room, eating house or the like, but does not include a building or place elsewhere specifically defined in this clause; "resident medical practice" means a room or number of rooms forming part of a building used as a detached dwelling-house for one permanent resident, who is a legally qualified medical practitioner or a dentist within the meaning of the Dentists Act 1934, or is a health care professional, who practises there as a sole practitioner and employs not more than one employee in connection with the practice;

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"residential flat building" means a building containing 2 or more dwellings but does not include a building elsewhere defined in this clause.

"retail plant nursery" means a building or place used for both the growing and retail selling of plants, whether or not ancillary products are sold therein;

"road" means road, street, lane, highway, pathway or thoroughfare, including a bridge, culvert, causeway, road-ferry, ford, crossing and the like on the line of a road through or over a watercourse;

"road transport terminal" means a building or place used for the principal purpose of the bulk handling of goods for transport by road, including facilities for the loading and unloading of vehicles used to transport those goods and for the parking, servicing and repair of those vehicles; "service station" means a building or place used for the fuelling of motor vehicles involving the sale by retail of petrol, oil and other petroleum products whether or not the building or place is also used for any one or more of the following purposes:

(a) the sale by retail of spare parts and accessories for motor vehicles;

(b) washing and greasing of motor vehicles;

(c) installation of accessories;

(d) repairing and servicing of motor vehicles involving the use of hand tools

(other than repairing and servicing which involves top overhaul of motors, body building, panel beating, spray painting, or suspension, transmission or chassis restoration);

"serviced apartment" means a building or place which is cleaned and serviced by the owner or manager of the building or the owner=s or manager=s agent, and which provides short-term accommodation for travellers or tourists, but does not include a hostel or a building or place elsewhere specifically defined in this clause;

"shop" means a building or place used for the purpose of selling, exposing or offering for sale by retail, goods, merchandise or materials, but does not include a building or place elsewhere specifically defined in this clause or a building or place used for a purpose elsewhere specifically defined in this clause;

"showroom" means a building or place primarily used for the display of goods, merchandise or materials;

"site" means the land to which an application for consent under the Act relates, excluding any land upon which the development to which the application relates is not permitted by or under this plan;

"site area" means the area of land to which an application for consent under the Act relates, excluding any land upon which the development to which the application relates is not permitted by or under this local environmental plan;

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"small lot" means an allotment of land having a frontage to a street and having an area less than 230m2 but not less than 150m 2. The area of the access corridor shall not be taken into account in calculating the area of a hatchet-shaped allotment;

"storey" means any floor or part of a floor regardless of use but does not include:

(a) an attic contained wholly within the roof space where the roof has a

maximum pitch of 36 degrees; or

(b) a parking area contained wholly within a basement which is below the natural ground level;

"take-away food shop" means a milk bar, sandwich shop or the like but does not include:

(a) a drive-in take-away food shop; or

(b) a building or place elsewhere specifically defined in this clause;

"tavern" means any premises specified in a hotelier's licence endorsed as a tavern granted under the Liquor Act 1982, which premises do not provide accommodation;

Atelecommunications facility@ means: (a) any part of the infrastructure of a telecommunications network; or any line,

equipment, apparatus, tower, mast, antenna, tunnel, duct, hole, pit, pole or other structure or thing used, or for use, in or in connection with a telecommunications network;

Atemporary sign@ means an advertisement of a temporary nature which:

(a) announces any local event of a religious, educational, political, social or

recreational character or relates to any temporary matter in connection with such an event;

(b) does not include advertising of a commercial nature, but may include the name

of any sponsor of the event if the sponsor=s name or logo remains subordinate to the main announcement; and

(c) is not displayed earlier than 28 days before the day on which the event to which

it relates is to take place and is removed within 14 days after that event;

"the Act" means the Environmental Planning and Assessment Act 1979;

"the map" means the map marked "North Sydney Local Environmental Plan 1989" comprised of sheets numbered 1, 2 and 3 deposited in the office of the Council, as amended by the following maps:

North Sydney Local Environmental Plan 1989 (Amendment No.4); North Sydney Local Environmental Plan 1989 (Amendment No.7);

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North Sydney Local Environmental Plan 1989 (Amendment No.8); North Sydney Local Environmental Plan 1989 (Amendment No.9);

North Sydney Local Environmental Plan 1989 (Amendment No.10); North Sydney Local Environmental Plan 1989 (Amendment No.11); North Sydney Local Environmental Plan 1989 (Amendment No.13); North Sydney Local Environmental Plan 1989 (Amendment No.14); North Sydney Local Environmental Plan 1989(Amendment No.17); North Sydney Local Environmental Plan 1989 (Amendment No.18); North Sydney Local Environmental Plan 1989 (Amendment No.19); North Sydney Local Environmental Plan 1989 (Amendment No.20); North Sydney Local Environmental Plan 1989 (Amendment No.23); North Sydney Local Environmental Plan 1989 (Amendment No.25); North Sydney Local Environmental Plan 1989 (Amendment No.27); North Sydney Local Environmental Plan 1989 (Amendment No.28); North Sydney Local Environmental Plan 1989 (Amendment No.31); North Sydney Local Environmental Plan 1989 (Amendment No.33); North Sydney Local Environmental Plan 1989 (Amendment No.35); North Sydney Local Environmental Plan 1989 (Amendment No.38); North Sydney Local Environmental Plan 1989 (Amendment No.40); North Sydney Local Environmental Plan 1989 (Amendment No.41); North Sydney Local Environmental Plan 1989 (Amendment No.42); North Sydney Local Environmental Plan 1989 (Amendment No.47); North Sydney Local Environmental Plan, 1989 (Amendment No.54) North Sydney Local Environmental Plan, 1989 (Amendment No.59) North Sydney Local Environmental Plan, 1989 (Amendment No.60) North Sydney Local Environmental Plan, 1989 (Amendment No.61)

North Sydney Local Environmental Plan, 1989 (Amendment No.64) North Sydney Local Environmental Plan 1989 (Amendment No. 65) North Sydney Local Environmental Plan 1989 (Amendment No. 66) "tourist facilities" means an establishment providing for holiday accommodation or recreation and may include a boat shed, boat landing facilities, camping ground, caravan park, holiday cabins, hotel, house boat, marina, motel, playground, refreshment room, water sport facilities or a club used in conjunction with any such activities;

"trade craft workshop" means a building or place such as a workshop or premises used for the purpose of repairing electrical equipment, bicycles, instruments, office equipment, and includes a painter's or plumber's workshop and the like, whether or not the building or place is also used for minor retail sales;

"transport terminal" means a building or place used as an airline terminal, a road transport terminal, a bus station or a bus depot;

"utility installation" means a building or work used by a public utility undertaking, but does not include a building designed wholly or principally as administrative or business premises or as a showroom;

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"wall height" means the vertical distance between the top of the eaves at the wall line, parapet or flat roof (not including a chimney) whichever is the highest, and the natural ground level;

"warehouse" means a building or place used for the storage of goods, merchandise or materials pending their sale and distribution to persons engaged in the retail trade;

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"zone" means land referred to in clause 8 and the Table to clause 9 and shown on the map by distinctive colouring or edging or in some distinctive manner as referred to in clause 8 for the purpose of indicating the restrictions imposed by the plan on the development or use of land;

(2) In this plan -

(a) a reference to a building or place used for a purpose includes a

reference to a building or place intended to be used for that purpose; and

(b) a reference to a map is a reference to a map deposited in the office of

the Council. Adoption of Model Provisions 6. This plan adopts the Environmental Planning and Assessment Model Provisions 1980, other

than Clauses 4, 7, 15, 16, 17, 24, 28, 29, 31, 32 and 34. Consent Authority 7. The Council is the consent authority for the purposes of this plan.

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PART 2 - GENERAL RESTRICTIONS ON DEVELOPMENT Zones Indicated on the Map 8. For the purposes of this plan, land to which this plan applies shall be within a zone specified

hereunder if the land is shown on the map in the manner specified hereunder in relation to that zone:

Zone No. 2(a) (Residential "A") - coloured pink with dark red edging and lettered "2(a)".

Zone No. 2(b) (Residential "B") - coloured pink with dark red edging and lettered "2(b)".

Zone No. 2(c) (Residential "C") - coloured pink and lettered "2(c)".

Zone No. 2(d) (Residential/Neighbourhood Shops) - coloured pink with dark red edging and lettered "2(d)".

Zone No. 2(f) (McMahons Point (Residential/Light Industrial)) - coloured pink with dark red edging and lettered "2(f)".

Zone No. 2(g) (Residential "G") - coloured pink with dark red edging and lettered "2(g)".

Zone No. 2(e) (Oyster Cove Gasworks Site (Residential)) - coloured pink with dark red edging and lettered "2(e)".

Zone No. 3(a) (Commercial "A") - coloured light blue and lettered "3(a)".

Zone No. 4(a) (Waterfront Industrial) - coloured purple with dark red edging and lettered "4(a)".

Zone No. 4(b) (Light Industrial) - coloured purple with dark red edging and lettered "4(b)".

Zone No. 5(a) (Special Uses "A") - coloured yellow with red lettering identifying the specific use.

Zone No. 5(b) (Special Uses "B" (Railways)) - Coloured blue purple.

Zone No. 5(c) (Special Uses "C" (Roads)) - uncoloured between firm black lines.

Zone No. 5(d) (Special Uses "D" (Public Recreation, Amusement and Entertainment)) - coloured yellow and lettered "5(d)".

Zone No. 6(a) (Public Recreation "A" (Existing)) - coloured dark green.

Zone No. 6(b) (Private Recreation "B") - coloured dark green with yellow edging and lettered "6(b)".

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Zone No. 6(c) (Recreation "C") - (Special Purposes) - coloured dark green with dark red edging and lettered "6(c)".

Zone No. 6(d) (Bushland) - coloured dark green with dark red edging and lettered "6(d)".

Zone No. 6(e) (Oyster Cove Gas Works Site (Open Space)) - coloured dark green with red edging and lettered Open Space "6(e)".

Zone No. 9(a) (Local Open Space Reservation) - coloured light green.

Zone No. 9(b) (Regional Open Space Reservation) - coloured light green with red edging with the letter "R" superimposed in red.

Zone No. 9(c) (Local Road Widening Reservation) - coloured grey between -

(a) a firm black line and a broken black line, or

(b) broken black lines.

Zone No. 9(d) (County Road Widening Reservation) - identified by broken red bands between a heavy black line and a heavy broken black line and lettered "9(d)".

Development Control Table 9. (1) Except as otherwise provided in this plan, in relation to land within a zone specified

in the Table to this clause, the purpose (if any) for which -

(a) development may be carried out without development consent; or

(b) development may be carried out only with development consent; or

(c) development is prohibited

are specified as separate items under the headings:

1. Without development consent;

2. Only with development consent; and

3. Prohibited,

respectively, appearing in the matter relating to the zone.

(2) Where the Table to this clause specifies the objectives of a zone or zones, the Council shall not consent to development which, in its opinion, is inconsistent with the objectives specified in relation to the zone in which the development is proposed to be carried out.

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(3) For the removal of doubt, all development that may be carried out under this plan

requires consent before it can be carried out, unless the development is exempt development, or is stated in the table to this clause to be development that may be carried out without development consent.

Exempt development 9A. (1) Subject to the provisions of the Act, development is exempt development if it is

development which: (a) is permissible, with or without consent, in the zone in which it is to be carried

out; and (b) is listed in Column 1 of the Table in Schedule 5; and (c) satisfies all of the requirements specified in Column 2 of the Table in

Schedule 5 that are relevant to the development; and (d) complies with all quantitative controls specified in the provisions of this plan

which would apply to the development if it were not exempt development.

(2) State Environmental Planning Policy No 1 - Development Standards does not apply so as to allow consent for development that is identified by this plan as exempt development but that does not comply with a development standard with which it is required to comply to be carried out as exempt development.

Complying development 9B (1) Subject to the provisions of the Act , development is complying development if it is

development which: (a) is permissible, with consent, in the zone in which it is to be carried out; and (b) is listed in a development category in Schedule 6; and (c) satisfies all of the requirements specified in the standards for the relevant

development category in Schedule 6; and (d) complies with all quantitative controls specified in the provisions of this plan

which would apply to the development if it were not complying development. (e) it is not on land reserved for acquisition by a public authority as identified in

an environmental planning instrument.

(2) A complying development certificate issued for any such development is to be subject to the conditions specified in Schedule 7.

(3) A complying development certificate that relates to the erection of builders sheds or

portable facilities must: (a) state that the sheds or toilet facilities are temporary buildings, and (b) specify a removal date that is no later than one year after the date of issue of

the complying development certificate.

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TABLE General Objectives of Residential Zones The general objectives of Zones Nos. 2(a), 2(b), 2(c), 2(d), 2(e), 2(f) and 2(g) are - (a) to maintain the existing residential areas of the Municipality by retaining residentially zoned

land for residential purposes and by restricting the expansion of other uses into residential zones;

(b) to provide additional housing without adversely affecting the amenity of existing residential

areas; (c) to encourage the widest range of residential accommodation for all social and economic

groups by encouraging the retention of boarding houses and other low income accommodation and the provision of family accommodation;

(d) to ensure that residential development is carried out in an orderly manner without adversely

affecting the scale and character of a locality and to ensure that new housing is compatible with the surrounding existing development;

(e) to ensure that residential development does not isolate sites in residential areas; (f) to allow for increased residential use of commercially zoned land; (g) to encourage the efficient use of land for housing by -

(i) increased use of existing structurally sound buildings for residential purposes; and (ii) permitting infill development where the existing character of an area would otherwise

be reduced by demolition and redevelopment; and (iii) ensuring that there is flexibility in the application of residential planning controls;

and (iv) maintaining the amenity of residential areas by controlling floodlighting and the

erection of advertisements in residential areas; (h) to maintain and enhance the environmental quality of all lands, including foreshore lands; (i) to make provision for foreshore building lines; (j) to ensure that residential development is carried out so that new development conforms to the

setbacks of existing development; (k) generally to encourage the amalgamation of development sites where appropriate and in

particular to avoid the inefficient use of land and to ensure that existing dwellings on sites too small to be redeveloped are developed in conjunction with adjoining properties;

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(l) to ensure that car parking areas in attached dwelling-houses and residential flat buildings are

placed below ground; (m) To encourage retention of neighbourhood shops and local shops in residential areas; and (n) to allow small lot subdivision in residential areas in order to increase the availability of land

for residential use. ZONE No. 2(a) (RESIDENTIAL "A") Objectives of Zone The particular objectives of this zone are - (a) to allow for housing only in the form of dwelling houses and housing for aged or disabled

persons; (b) to permit a form of development which is compatible with the scale and character of the

existing locality; and (c) to allow within the zone non-residential uses which are compatible with the character and

scale of detached housing. 1. Without Development Consent

Dwelling-houses; home occupations. 2. Only With Development Consent

Child care centres; educational establishments; home industries; hospitals; housing for aged or disabled persons; open space; places of assembly; places of public worship; resident medical practices; roads; utility installations, other than gasholders or generating works.

3. Prohibited

Any purpose other than a purpose included in item 1 or 2.

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ZONE No. 2(b) (RESIDENTIAL "B") Objectives of Zone The particular objectives of this zone are - (a) to allow for a variety of housing forms including low density detached dwellings, attached

dwellings, boarding houses and group homes; (b) to permit a form of development which is compatible with the scale and character of the

existing locality; and (c) to allow non-residential uses which are compatible with the residential character of the scale

of medium density attached housing. 1. Without Development Consent


Attached dwellings; boarding-houses; child care centres; educational establishments; home industries; hospitals; housing for aged or disabled persons; infill development; open space; resident medical practices; places of assembly; places of public worship; utility installations, other than gasholders or generating works.

3. Prohibited

Any purpose other than a purpose included in item 1 or 2. ZONE No. 2(c) (RESIDENTIAL "C") Objectives of Zone The particular objectives of this zone are - (a) to permit a form of development which is compatible with the scale and character of the

existing locality; and (b) to allow non-residential uses which are compatible with the character and scale of medium

density housing.

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1. Without Development Consent


Attached dwellings; boarding-houses; child care centres; educational establishments; home industries; hospitals; housing for aged or disabled persons; infill development; open space; places of assembly; places of public worship; resident medical practices; residential flat buildings; roads; utility installations, other than gasholders or generating works.

3. Prohibited

Any purpose other than a purpose included in item 1 or 2. ZONE No. 2(d) (RESIDENTIAL/NEIGHBOURHOOD' SHOPS) Objectives of Zone The particular objectives of this zone are - (a) to permit a range of residential development within a two storey height limit; (b) to provide opportunities for the establishment and retention of retail facilities and related

services to serve the needs of the surrounding residential areas; (c) to prohibit development for the purposes of commercial premises in order to encourage the

retention of neighbourhood shops; and (d) to permit a form of development which is compatible with the scale and character of the

surrounding residential area. 1. Without Development Consent


Advertisements; art and craft galleries; attached dwellings; barbers' shops and beauty salons; boarding-houses; boot and shoe repairing; child care centres; dressmaking; drainage; dwellings; dry-cleaning or dyeing agencies; educational establishments; framing; hairdressing salons; home industries; hospitals; infill development; lending libraries; open space; owner-operated travel agency; photographic studios; places of assembly; places of public worship; post offices; professional consulting rooms; real estate agencies; refreshment rooms; residential flat buildings; roads; self-service coin-operated laundries; service stations; shops; tailoring; take-away food shops; totalisator agency board offices; trade or craft workshops; utility installations, other than gasholders or generating works.

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3. Prohibited

Any purpose other than a purpose included in item 1 or 2. ZONE No. 2(e) (OYSTER COVE GASWORKS SITE (RESIDENTIAL)) Objectives of Zone The particular objectives of this zone are - (a) to encourage the redevelopment of the land to which this plan applies for residential and

community purposes; (b) to ensure those areas of the site known to be contaminated are so treated and rehabilitated

that the site becomes safe for residential and community purposes; (c) to allow development to occur without undue effect on existing residential development; and (d) to allow non-residential uses which are compatible with the residential character of medium

density development comprising attached dwellings. 1. Without Development Consent

Home occupations. 2. Only With Development Consent

Attached dwellings; boarding-houses; car-parking; child care centres; dwelling-houses; educational establishments; home industries; hospitals; marinas; professional consulting rooms; places of assembly; places of public worship; public buildings; recreation facilities; refreshment rooms; residential flat buildings; serviced apartments; utility installations other than gasholders or generating works, but including service tunnels.

3. Prohibited


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ZONE No 2(f) (McMAHONS POINT (RESIDENTIAL/LIGHT INDUSTRIAL)) Objectives of Zone The particular objectives of this zone are - (a) to permit a range of residential development within a 2 storey height limit; (b) to permit light industrial uses which do not interfere with residential amenity; (c) to permit a form of development which is compatible with the scale and character of the

surrounding residential area; (d) to prohibit development for the purposes of commercial premises and shops in order to

encourage residential development and to allow for light industrial uses; and (e) to allow a dwelling to be used in conjunction with a light industrial use. 1. Without development consent

Dwelling-houses; home occupations. 2. Only with development consent

Advertisements; attached dwellings; boarding houses; child care centres; dwellings in conjunction with light industries; educational establishments; home industries; hospitals; housing for aged or disabled persons; infill development; light industries; open space; places of assembly; places of public worship; recreational facilities; resident medical practices; roads; utility installations other than gasholders or generating works.

3. Prohibited

Any purpose other than a purpose included in item 1 or 2. ZONE No. 2(g) (CREMORNE POINT RESIDENTIAL) Objectives of zone The particular objectives of this zone are - (a) to maintain the character and the heritage significance of Cremorne Point and prevent this

from being gradually eroded by unsympathetic development; (b) to ensure that the features of new development - such as height, bulk, subdivision pattern,

building footprint and orientation, and landscaping - are similar to those of characteristic development and fit into the existing streetscape;

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(c) to prevent any detrimental effect of development on the residential amenity of Cremorne

Point and on the amenity of Cremorne Reserve in terms of shadows, privacy and views; (d) to provide for development which relates well to the existing characteristic building form,

characteristic subdivision pattern, and characteristic landscaping; and (e) to maintain the diversity of building heights and scale characteristic of Cremorne Point. 1. Without development consent

Home occupations. 2. Only with development consent

Attached dwellings; boarding-houses; child care centres; dwelling-houses; home industries; housing for aged or disabled persons; open space; resident medical practices; residential flat buildings; roads; utility installations, other than gasholders or generating works.

3. Prohibited

Any purpose other than a purpose included in item 1 or 2. ZONE No. 3(a) (COMMERCIAL "A") Objectives of Zone (a) to maintain the role of the Central Business District of North Sydney as the focus of

commercial development within the Municipality, and as an integral part of the dominant Regional Centre in the Sydney Region by maintaining the floor space ratios contained in previous environmental planning instruments;

(b) to allow for a diverse range of retail activities and entertainment opportunities within the

commercial zones; (c) to prevent any expansion of commercial zones at the expense of residential zones; (d) to encourage residential development on land within the zone especially in North Sydney and

St. Leonards; (e) to improve, by civic design and landscape proposals, the amenity of commercial areas in the

Municipality; (f) to limit commercial and retail gross floor area by means of specific controls, having regard to

the traffic and car-parking capacity of the road system especially within the commercial areas;

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(g) to ensure by the formulation of appropriate controls that any development carried out within

this zone on land adjoining or adjacent to residential areas has no adverse environmental effects on those residential areas;

(h) to minimise the traffic impact of commercial or retail development on adjacent residential

areas; and (i) to encourage vehicular access for commercial development away from major arterial roads; 1. Without Development Consent

Home occupations. 2. Only With Development Consent

Adult services; advertisements; airline terminals; attached dwellings; boarding-houses; brothels; bus stations; car-parking; car repair stations; child care centres; clubs; commercial premises; drainage; dwellings; educational establishments; hotels; housing for aged or disabled persons; light industry not exceeding 100 sq. metres use; motels; open space; places of assembly; places of public worship; professional consulting rooms; public buildings; public utility undertakings; recreational facilities; refreshment rooms; residential flat buildings; roads; service stations; serviced apartments; shops; showrooms; take-away food shops; taverns; transport terminals; trade or craft workshops; utility installations, other than gasholders or generating works; warehouses.

3. Prohibited

Any purpose other than a purpose included in item 1 or 2. ZONE No. 4(a) (WATERFRONT INDUSTRIAL) Objectives of Zone The particular objectives of this zone are - (a) to permit a wide variety of development related to and including waterfront industrial

purposes; (b) to prohibit commercial premises, heavy industry and residential uses in waterfront industrial

zones; and (c) to permit a form and scale of development which will reduce the adverse environmental

effects of industrial development on adjacent residential and recreational areas. 1. Without Development Consent

Nil.

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2. Only With Development Consent

Any purpose other than a purpose included in item 3. 3. Prohibited

Adult services; attached dwellings; boarding-houses; brothels; car-parking; car repair stations; caravan parks; commercial premises; dwelling-houses; educational establishments; extractive industries; heavy industry; home industry; hospitals; hotels; industries not directly related to maritime industry; institutions; junk yards; mines; motels; offensive or hazardous industries other than those for which the proposed site and layout of buildings is such as to render the industry inoffensive or non-hazardous to adjoining development and for which adequate facilities are available for the treatment and disposal of trade waste; places of public worship; refreshment rooms; residential flat buildings; serviced apartments; shops other than a ship's chandlery having an area less than 25 sq. metres; showrooms; taverns; utility installations, other than gasholders or generating works; warehouses.

ZONE No. 4(b) (LIGHT INDUSTRIAL) Objectives of Zone The particular objectives of this zone are - (a) to permit industrial uses with minor ancillary retail uses; (b) to allow for residential use of land zoned light industrial; (c) to prohibit commercial office space (other than ancillary space) and heavy industries; and (d) to permit a form and scale of development which will reduce any possible adverse

environmental effects of industrial development on adjacent residential areas. 1. Without Development Consent

Home occupations 2. Only With Development Consent

Advertisements; attached dwellings; builders' yards; bulk stores; car repair stations; child care centres; dwelling-houses; film and photographic studios; light industries; newsagencies; open space; places of public worship; printing (jobbing); public buildings; roads; refreshment rooms; residential flat buildings; shops ancillary to the predominant use of the land; service stations; showrooms; spray painting and panel beating; take-away food shops; trade or craft workshops; undertakers' establishments; utility installations, other than gasholders or generating works; veterinary surgeons' establishments; warehouses.

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3. Prohibited

Any purpose other than a purpose included in item 1 or 2; car-parking; heavy industry; home industries.

SPECIAL USE ZONES Objectives of Zones The general objectives of Zones Nos. 5(a), 5(b), and 5(c) are - (a) to identify and rezone as special use zones such parts of residential zones as are used for

hospitals, churches, educational establishments, government purposes and clubs; and (b) to otherwise prevent the expansion of special use zones into adjoining residential areas. ZONE No. 5(a) (SPECIAL USES "A") 1. Without Development Consent

Dwelling-houses. 2. Only With Development Consent

The particular purpose indicated by red lettering on the map; any purpose ordinarily incidental or subsidiary to the purpose indicated on the map; attached dwellings; boarding-houses; child care centres; drainage; infill development; recreation areas; residential flat buildings; roads; utility installations, other than generating works or gasholders.

3. Prohibited

Any purpose other than a purpose included in Item 1 or 2.

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ZONE No. 5(b) (SPECIAL USES "B" (RAILWAYS)) 1. Without Development Consent

Dwelling-houses. 2. Only With Development Consent

Attached dwellings; boarding-houses; child care centres; community facilities; drainage; dwellings; infill development; open space; public buildings; railway purposes (including any development authorised by or under the Government Railways Act 1912); recreation areas; residential flat buildings; utility installations, other than generating works or gasholders.

3. Prohibited

Any purpose other than a purpose included in Item 1 or 2. ZONE No. 5(c) (SPECIAL USES "C" (ROADS)) 1. Without Development Consent

Roads. 2. Only With Development Consent

Advertisements; any purpose ordinarily incidental or subsidiary to a road; drainage; open space; utility installations, other than gasholders or generating works.

3. Prohibited

Any purpose other than a purpose included in item 1 or 2. ZONE NO. 5(d) (SPECIAL USES "D" (PUBLIC RECREATION AMUSEMENT AND ENTERTAINMENT)) Objectives of Zone The particular objectives of this zone are to ensure that development reflects and continues Luna Park's place in the social history of Sydney and to allow for development for the purposes of public recreation, amusement and entertainment: 1. Without development consent

Nil

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2. Only with development consent

The particular purposes indicated by red lettering on the map; amusements; any purpose ordinarily incidental or subsidiary to the purpose indicated on the map; places of assembly; recreation areas; recreation facilities; refreshment rooms; take-away food shops; taverns; works (other than buildings) for the purposes of landscaping or gardening.

3. Prohibited

Any purpose other than a purpose included in item 1 or 2. OPEN SPACE ZONES General Objectives for Certain Open Space Zones The general objectives of Zones Nos. 6(a), 6(b), 6(c) and 6(d) are: (a) to maintain and enhance an integrated system of open space areas within North Sydney

Council=s area; (b) to allow for a diversity of recreational, leisure and cultural objectives based on identified

needs of the community; (c) to preserve identified examples of the natural and cultural landscape character of the

Council=s area; (d) to provide for developed recreational needs where appropriate; and (e) to preserve and protect areas of natural, cultural, historical, scientific, educational,

archaeological, geological, recreational, scenic and visual value within open space zones in accordance with plans of management adopted by the Council under the Local Government Act 1993.

ZONE No. 6(A) (PUBLIC RECREATION A @ (EXISTING))A Objectives of Zone The particular objectives of this zone are: (a) to allow for a range of open space areas which meet the needs of the North Sydney

population for both formal and informal recreation; and (b) to ensure sufficient public recreation areas are available for the benefit and use of residents

and visitors to North Sydney Council=s area; and

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(c) to allow for the enhancement and management of both formal and informal recreation areas

in accordance with plans of management adopted by the Council under the Local Government Act 1993.


Works (other than buildings) for the purposes of bushfire hazard reduction, drainage, horticulture, installation of park furniture, landscaping, park maintenance, pedestrian paths, replacement of play equipment and walking tracks.

2. Only with Development Consent

Buildings for the purposes of horticulture, landscaping, park maintenance and related vehicular access; recreation areas; refreshment rooms; utility installations other than gasholders or generating works.

3. Prohibited

Any purpose other than a purpose included in Item 1 or 2. ZONE No. 6(B) PRIVATE RECREATION AB@) Objectives of Zone The particular objectives of this zone are: (a) to identify privately owned recreation and leisure areas within the Council=s area; and (b) to enable development and enhancement of private recreation areas by bodies of persons

associated for the purposes of the physical, cultural and intellectual welfare of the community.


Works (other than buildings) for the purposes of bushfire hazard reduction, drainage, horticulture, landscaping or park maintenance.


Buildings for the purposes of horticulture, landscaping, park maintenance and related vehicular access; clubs; recreation areas; recreation facilities; utility installations other than gasholders or generating works.

3. Prohibited

Any purpose other than a purpose included in Item 1 or 2.

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ZONE No. 6(C) (RECREATION (SPECIAL PURPOSES) AC@) Objectives of Zone The particular objectives of this zone are: (a) to identify existing publicly owned elements of importance for community use, including

significant buildings and their parkland settings; and (b) to ensure continued public access to land and buildings within the zone; and (c) to allow for the enhancement and management of both formal and informal recreation areas

in accordance with plans of management adopted by the Council under the Local Government Act 1993.


Works (other than buildings) for the purposes of drainage, horticulture, installation of park furniture, landscaping, park maintenance and replacement of outdoor play equipment.


Advertisements and advertising structures; buildings for the purposes of horticulture, landscape construction and related vehicular access; child care centres; clubs; community facilities; educational establishments; park maintenance; public buildings; recreation areas; recreation facilities; refreshment rooms; tourist facilities; utility installations other than gasholders or generating works.

3. Prohibited

Any purpose other than a purpose included in Item 1 or 2. ZONE No. 6(D) (BUSHLAND) Objectives of Zone The particular objectives of this zone are: (a) to protect and preserve urban bushland so as to provide representation of the natural state and

to enable existing animal and plant communities to survive in the long term; and (b) where appropriate, to allow for low impact recreational opportunities which will protect the

values of urban bushland; and (c) to protect and preserve urban bushland for its natural, cultural, historical, scientific,

educational, archaeological, geological, recreational, scenic and visual values in accordance with the Bushland Plan of Management adopted by the Council under the Local Government Act 1993.

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Works (other than buildings) for the purposes of bushfire hazard reduction, bushland regeneration, drainage, installation of park furniture, interpretive signs, landscaping and walking tracts.


Buildings for the purposes of bushland management, bushland regeneration, landscaping and visitor facilities.

3. Prohibited

Any purpose other than a purpose included in item 1 or 2. ZONE No. 6(e) - (OYSTER COVE GASWORKS SITE (OPEN SPACE)) Objectives of Zone The particular objectives of this zone are - (a) to encourage the redevelopment of the land to which this plan applies for open space

purposes; (b) to ensure that those areas of the site known to be contaminated are so treated and

rehabilitated that the site becomes safe for open space purposes; and (c) to allow development to occur without undue effect on existing residential development. 1. Without Development Consent

Nil. 2. Only With Development Consent

Marinas; recreation areas; recreation facilities; refreshment rooms; roads; utility installations other than gasholders and generating works.

3. Prohibited

Any purpose other than a purpose included in Item 2.

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RESERVATIONS Objectives of Reservations The general objectives of Zones Nos. 9(a), 9(b), 9(c) and 9(d) are - (a) to increase the provision and improve the quality of open space throughout the Municipality

and to permit those activities which would enhance the public recreational value of that open space;

(b) to improve access to the foreshores of the Municipality by acquisition or by gaining rights of

public access over foreshore land; (c) to prevent the alienation of public land for private purposes and, as a long term objective, to

regain alienated land; (d) to acquire land reserved for open space either as a condition of development approval or by

purchase; (e) to prohibit further use of open space land for sporting purposes, including the construction of

buildings, parking areas or roads, other than roads serving the primary use of the land for general recreation purposes; and

(f) to preserve all existing bushland in its native state and to encourage the elimination of exotic

flora in open space where such flora is inimical to the best use or preservation of that open space.

ZONE No. 9(a) (LOCAL OPEN SPACE RESERVATION) 1. Without Development Consent

Works (other than buildings) for the purposes of landscaping, gardening or bushfire hazard control.


Buildings for the purposes of landscaping, gardening or bushfire hazard reduction and vehicular control thereto; recreation areas; utility installations, other than gasholders and generating works.

3. Prohibited


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ZONE No. 9(b) (REGIONAL OPEN SPACE RESERVATION) 1. Without Development Consent

Works (other than buildings) for the purposes of landscaping, gardening or bushfire hazard control.


Buildings for the purposes of landscaping, gardening or bushfire hazard reduction and vehicular access thereto, recreation areas.

3. Prohibited

Any purpose other than a purpose included in item 1 or 2. ZONE No. 9(c) (LOCAL ROAD WIDENING RESERVATION) 1. Without Development Consent

Road widening; roads. 2. Only With Development Consent

Drainage; utility installations, other than gasholders and generating works. 3. Prohibited

Any purpose other than a purpose included in item 1 or 2. ZONE No. 9(d) (COUNTY ROAD WIDENING RESERVATION) 1. Without Development Consent

Widening of existing county roads. 2. Only With Development Consent

Drainage; utility installations, other than gasholders and generating works. 3. Prohibited


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PART 3 - SPECIAL PROVISIONS DIVISION 1 - Subdivision of Land Consent Required for Subdivision 10. Land to which this plan applies may not be subdivided without development consent. Minimum Allotment Size in Residential Zones 11. (1) A person shall not subdivide land within a zone specified in Column 1 of the Table to

this clause unless the area of each allotment to be created by the subdivision will be not less than the area specified opposite that zone in Column 2 of the Table.

TABLE

COLUMN 1 COLUMN 2 Z one Minimum Area

2(a) 450 square metres 2(b) 200 square metres 2(c) 150 square metres 2(f) 150 square metres 2(g) 600 square metres

(2) For the purposes of subclause (1), the area of the access corridor shall not be taken

into account in calculating the area of a hatchet-shaped allotment. DIVISION 2 - Controls in Residential Zones Storeys 12. (1) A building, other than an infill development, a dwelling-house on a small lot, or a

residential flat building, shall not be erected on land in Zone No. 2(a), 2(b), 2(c), 2(d) or 2(f) having more than two storeys measured vertically above any point at natural ground level.

(2) A building, being part of an infill development, shall not be erected if the building

will contain more than one storey measured vertically above any point at natural ground level.

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Controls in Zone No.2(g) (Cremorne Point Residential) 12A. (1) This clause applies to land in the Residential 2(g) Zone.

(2) The Council must not consent to the erection of a building on land in the 2(g) Zone if:

(a) the proposed building will have more than two storeys measured vertically above any point at natural ground level;

(b) the proposed building will result in the significant loss of views from

surrounding properties and public spaces including roads, laneways and parkland;

(c) the proposed building will cast a shadow, on an existing dwelling, which

reduces the sunlight available to the northern facade or landscaped open space areas of such dwelling to less than 2 hours per day between 9.00 a.m. and 3.00 p.m. mid-winter; or

(d) any well-founded objections, in the opinion of the Council, have been raised

by persons likely to be affected by the proposed building.

(3) Despite subclause 2(a), the Council may consent to the erection of a building on land in the 2(g) Zone with a height greater than two storeys but only if it is satisfied that:

(a) the proposed building will not contravene the criteria in subclauses (2)(b) and

(2)(c);

(b) the wall height, at the mid-point on the front facade of the proposed building, will not exceed the average of the wall heights at the mid-point on the front facades of the nearest characteristic buildings to each side;

(c) the wall heights on the remaining facades of the proposed dwelling will not

exceed the reduced level (R.L.) established at the top of the wall on the front facade; and

(d) no well founded objections, in the opinion of the Council, have been raised

by persons likely to be affected by the proposed building. Building Height Plane 13. (1) Subject to subclause (2), a building shall not be erected on a site in Zone No. 2(a), 2(b),

2(c), 2(d) or 2(f) where any part of the building will exceed a building height plane projected at any point from any boundary of the site.

(2) A building may be erected which does not comply with the building height plane

provided the building, when erected -

(a) will not materially increase the overshadowing of adjoining properties;

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(b) will not materially reduce the level of privacy enjoyed by adjoining properties;

(c) will not materially obstruct views from adjoining buildings; and

(d) will not materially reduce the level of daylight and ventilation to existing

development, and no well founded objection is raised to the proposed building.

Landscaped Area 13A. A building specified in Column 1 of the Table to this clause shall not be erected in the zone

specified in Column 2 of the Table unless the percentage of the site specified opposite that zone in Column 3 of the Table is landscaped area.

TABLE Column 1 Column 2 Column 3

Building Zone Percentage of site to be

landscaped area Dwelling-house (other than a 2(a), 2(b), 50% dwelling-house on a small lot) 2(c), 2(d),

2(f), 2(g)

Dwelling-house on a small lot 2(b), 2(c), 35% 2(d), 2(f)

Dwelling-house attached to 2(d) 20% and used in conjunction with another permissible use

Attached dwellings 2(b) 70%

Attached dwellings 2(c) 50%

Attached dwellings 2(d), 2(f) 35%

Attached dwellings 2(g) 60%

Infill development 2(b) 55%

Infill development 2(c), 2(d) 35%

2(f)

Residential flat building 2(c), 2(d), 60% 2(g)

Residential flat building attached 2(d) 20% to and used in conjunction with another permissible use

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Dwelling-Houses on Small Lots 14. (1) No building other than a dwelling-house shall be erected on a small lot.

(2) A dwelling-house having more than one storey measured vertically above any point at natural ground level shall not be erected on a small lot.

(3) A dwelling-house having a gross floor area exceeding 135 sq. metres shall not be

erected on a small lot.

(4) A dwelling-house shall not be erected on a small lot unless car-parking is provided for that lot directly from a road.

Residential Flat Buildings in Zone No. 2(c) 14A. (1) A residential flat building shall not be erected on land in Zone No. 2(c) if:

(a) any principal building on adjoining land is less than 3 storeys measured vertically above any point at natural ground level; or

(b) well-founded objections, in the opinion of the Council, have been raised by

persons likely to be affected by the proposed residential flat building; or

(c) attached dwellings could reasonably be erected on the site in a manner which would enable the occupants of those dwellings to enjoy reasonable sunshine and privacy.

(2) A residential flat building shall not be erected on land in Zone No. 2(c) if the building

has more than 3 storeys measured vertically above any point at natural ground level.

(3) In subclause (1)(a), Aadjoining land@, in relation to a parcel of land, means:

(a) land which immediately adjoins any boundary of the parcel of land; or

(b) land which is separated from the parcel of land by a driveway, right-of-way or accessway (not including a public road or public footpath).

(4) For the purposes only of subclause (1)(a), but not otherwise, the erection of a

residential flat building does not include the making of alterations and additions to an existing residential flat building where the alterations and additions:

(a) do not cause any material loss of views from other properties or public

places; and (b) do not cause any material overshadowing of other properties or public places;

and

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(c) do not cause any material loss of privacy to other properties; and

(d) do not increase the number of storeys of the existing residential flat building,

except where an additional storey to a 2 storey residential flat building is compatible with the height and scale of buildings on adjoining land; and

(e) do not decrease the landscaped area of the existing residential flat building

below the 60% requirement under Clause 13A, or do not decrease the landscaped area (where the existing landscaped area is below the 60% requirement).

In this subclause, Aexisting residential flat building@ means a residential flat building which lawfully existed at the date of lodgement of the development application seeking consent for alterations and additions allowed by the operation of this subclause.

Controls in Residential "D" Zone 15. (1) This clause applies to land in the Residential "D" zone.

(2) A building shall not be erected on land to which this clause applies if the ratio of the gross floor area of the building to the area of the land on which the building is proposed to be erected would exceed the ratio of 1:1.

Controls in Zones Nos. 2(e) and 6(e) 16. (1) This clause applies to land at King Street, Waverton, known as the Oyster Cove

Gasworks site or The AGL Site, Waverton, being the land in Zones Nos. 2(e) and 6(e).

(2) A person shall not, on land to which this clause applies -

(a) disturb or excavate any land for any purpose;

(b) carry out any land filling;

(c) clear trees or other vegetation from the land;

(d) carry out any work; or

(e) alter the landscape or carry out any landscaping,

except with the consent of the Council.

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(3) The Council shall not consent to the carrying out of development on land to which

this clause applies unless it is satisfied that the land has been made safe for the purpose for which it is to be used.

(4) The Council shall not consent to the carrying out of development on land to which

this clause applies if as a result of that consent there would exist on the land to which this clause applies more than 900 bedrooms.

(5) Nothing in subclause (4) prevents the Council from consenting to developments for

the purpose of housing for aged or disabled persons (within the meaning of State Environmental Planning Policy No. 5) provided there are no more than 40 self-contained dwellings on the land to which this clause applies.

Buildings at Ross Street 17. (1) This clause applies to those buildings listed in Schedule 2 under the heading "Ross

Street".

(2) A person may, with the consent of the Council, use a building or part of a building and its immediate curtilage for the purpose of commercial premises, art exhibitions, craft workshops, refreshment rooms or shops.

(3) Subclause (2) does not apply to the Chimney or the Bunker building.

(4) The Council shall not consent to an application for the use of an area in a building for

the purpose of commercial premises if the area concerned in the application exceeds 200 sq. metres, or for the purpose of shops if the area concerned in the application exceeds 300 sq. metres.

(5) In this clause, "craft workshop" means a place where art works or craft works are

created or manufactured, exhibited and sold. Controls in Zone No. 2(f) 17A. (1) This clause applies to land in the McMahons Point (Residential/Light Industrial)

Zone.

(2) The Council shall not consent to the erection of a building on land to which this clause applies where:

(a) the floor space ratio of light industrial development exceeds 1:1;

(b) the floor space ratio of light industrial development which also comprises a

dwelling exceeds 1:1; or

(c) the floor space ratio of so much of the gross floor area of a building as is used for recreational facilities exceeds 0.5:1.

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(3) The Council shall not grant consent to development for the purposes of light industry

unless it is satisfied that none of the following:

(a) the processes carried on;

(b) the transportation involved;

(c) the hours of operation;

(d) the machinery used,

will 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.

(4) (a) This subclause applies to buildings erected wholly or partly for residential

purposes pursuant to development consent granted after September 1980 on any land in Zone No. 2(f).

(b) No building or part of a building to which this subclause applies shall be used

for any purpose other than residential.

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DIVISION 3 - Controls in Commercial Zone Floor Space Ratios 18. (1) This clause applies to the land within Zone No. 3(a) except:

(a) the land described in Column 1 of the Table to Clause 20; and

(b) the land to which Clause 61 applies.

(2) For the purposes of this clause the land to which this clause applies shall be divided into the areas shown in Column 1 of the Table to this clause, such areas being identified on sheet 2 of the map.

(3) A building shall not be erected in an area specified in Column 1 of the Table to this

clause if the floor space ratio for all purposes other than residential would exceed the ratio shown opposite that area in Column 2 of the Table.

(4) A building shall not be erected in an area specified in Column 1 of the Table to this

clause if the floor space ratio of the building to be used for commercial premises exceeds the ratio shown opposite that area in Column 3 of the Table.

TABLE

Column 1 Column 2 Column 3 Floor Space Ratio Commercial Floor Space

A rea (Maximum) (Maximum) Area 1 5:1 5:1 Area 2 4:1 4:1 Area 3 3.5:1 2:1 Area 4 3.5:1 2:1 Area 5 3.5:1 2:1 Area 6 3:1 3:1 Area 7 1.5:1 1.5:1 Area 8 1.5:1 1.5:1 Area 9 1.5:1 1:1 Area 10 1.5:1 1:1 Area 11 1.5:1 1:1 Area 12 1.5:1 0.5:1 Area 13 1.5:1 0.5:1 Area 14 1.5:1 0.5:1 Area 15 3.5:1 3.5:1 Area 16 0.72:1 0.72:1 A rea 17 1.5:1 1:1

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Storeys 19. (1) This clause applies to the land within Zone No.3(a) included in the area shown in

Column 1 of the Table to this clause (such areas being identified on sheet 2 of the map) except:

(a) the land described in Column 1 of the Table to clause 19A or the Table to

clause 20; and

(b) the land to which clause 61 applies.

(2) A building shall not be erected in an area specified in Column 1 of the Table to this clause if the number of storeys measured vertically above any point at natural ground level would exceed the number specified opposite that area in Column 2 of the Table.

TABLE

Column 1 Column 2 Storeys Area (Maximum)

Area 4 4 Area 5 5 Area 8 4 Area 9 3 Area 10 4 Area 11 5 Area 12 2 Area 13 3 Area 14 4 Area 17 the average of the number of storeys

contained in buildings on adjoining properties in Area 17

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Storeys - Special Provisions 19A. (1) This clause applies to the land in Zone No. 3(a) described in Column 1 of the Table

to this clause.

(2) A building shall not be erected on land described in Column 1 of the Table to this clause if the number of storeys measured vertically above any point specified opposite the land in Column 2 of the Table would exceed the number of storeys specified opposite the land in Column 3 of the Table.

TABLE

Column 1 Column 2 Column 3 Land Storeys (maximum)

Land bounded by Natural ground level 8 Northcliff, Paul, Alfred and Dind Streets, Milsons Point

Land to the west of The level of 3 Cliff Street, Cliff Street Milsons Point

Land having frontage The level of 4 to the western side Glen Street of Glen Street, Milsons Point

103 Miller Street The level of 3 Lot 1 DP 537713 Miller Street

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Floor Space - Special Provisions 20. (1) This clause applies to the land in Zone No. 3(a) described in Column 1 of the Table

to this clause.

(2) A building shall not be erected on land described in Column 1 of the Table to this clause if the floor space ratio of the building (where indicated) exceeds the ratio shown opposite that land in Column 2 of the Table.

(3) A building shall not be erected on land described in Column 1 of the Table to this

clause if the floor space ratio of the building to be used for commercial premises (where indicated) exceeds the ratio shown opposite that land in Column 3 of the Table.

(4) A building shall not be erected on land described in Column 1 of the Table to this

clause if the gross floor area of the building to be erected exceeds the area (where indicated) shown opposite that land in Column 4 of the Table.

TABLE

Column 1 Column 2 Column 3 Column 4

Floor Commercial Maximum Space Floor Space Gross

Land Ratio (Maximum) Floor Area

65-69 Berry Street 9.42:1 - - Lot 155, D.P. 701192

155-167 Miller Street 1.22:1 - 2,710 sq.m. S.P. 35644

127-151 Walker Street 8.374:1 - 25,969 sq.m. Lot 1, D.P. 738392

655 Pacific Highway 5.26:1 - - Lot 1, D.P. 917989

172 Pacific Highway 2.3:1 - - S.P. 19533

73-79 Mount Street 11.8:1 - - Lot 100, D.P. 811996

79-81 Berry Street 3.28:1 - - Lot 1, D.P. 628425

402-420 Pacific Highway 2.49:1 - - Lot 1, D.P. 719853

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Land Ratio (Maximum) Floor Area 39-41A Chandos Street 5.6:1 - - Lot 8, D.P. 771311

90 Arthur Street 8.86:1 - - Lot 1, D.P. 738262

32 Walker Street 12.825:1 - - Lot 1, D.P. 795592

261-263 Pacific Highway 2.33:1 1.53:1 - Lot 51, D.P. 714323

601 Pacific Highway 5.23:1 - - Lot 71, D.P. 749690 154 Pacific Highway 3.78:1 1.54:1 - S.P. 22186

35-37 Chandos Street 5.59:1 - - Lot 7, D.P. 771311

63-67 Walker Street 5.5:1 - - Lot 180, D.P. 800389

201 Miller Street 11.4:1 - - Lot 1, D.P. 706146

237 Miller Street 3.5:1 3.5:1 - Lot A, D.P. 103342

36 Blue Street 4.5:1 - - Lot 1, D.P. 609211

114-118 Miller Street 5.49:1 - - Lot 22, D.P. 809571



99 Walker Street 9.1:1 - - Lot 101, D.P. 748911

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Land Ratio (Maximum) Floor Area

53 Berry Street 6.57:1 - - Lot 1, D.P. 608746

99 Mount Street 6.45:1 - - S.P. 20872

67-69 Mount Street 2:1 - - Lot 1, D.P. 200724

52 Berry Street 6.5:1 - - and 199 Miller Street Lots 1 and 2, D.P. 708306

196 Miller Street 2:1 0.5:1 - Lots 1 and 2, D.P. 734946

103 Miller Street 3.5:1 - - Lot 1, D.P. 537713

261-263 Pacific Highway 2.33:1 1.53:1 - Lot 51, D.P. 714323

1-7 Napier Street 0.6:1 - - Lots 21, 22 and 23 D.P. 564122 and Lot 12, D.P. 605732

74-80 Alfred Street 11.24:1 - - Lot 2, D.P. 547912 and Lot 1, D.P. 499547

51 Mount Street 3:1 - - Lot 1, D.P. 224124

81-83 Mount Street 11.27:1 - - Lot 1, D.P. 575512

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Land Ratio (Maximum) Floor Area Land bounded by 3.5:1 1:1 - Northcliff, Paul, Alfred and Dind Streets, Milsons Point

Land to the west of 3.5:1 1:1 - Cliff Street, Milsons Point

Land to the west of 3.5:1 1:1 - Glen Street, Milsons Point

Building Height Plane in Zone No. 3(a) 21. (1) This clause applies to land in Zone No. 3(a) which adjoins or is adjacent to land

which is within Zone No. 2(c).

(2) A building shall not be erected on land to which this clause applies -

(a) if any part of the building exceeds a building height plane projected at any point from any boundary of the site which adjoins land within Zone No. 2(c); or

(b) if any part of the building exceeds a building height plane projected at any

point from the mid-point of any road which separates the land from land within Zone No. 2(c).

Building Height Plane in Zone No 3(a) - Special Provisions 21A. (1) This clause applies to the land in Zone No 3(a) that is bounded by Northcliff, Paul,

Alfred and Dind Street, Milsons Point.

(2) A building shall not be erected if any part of the building will exceed a building height plane projected from the western side of Northcliff Street, the southern side of Paul Street, or the eastern side of Alfred Street.

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Car Repair Stations 22. The Council shall not refuse an application for a car repair station in Zone No. 3(a) or 4(b)

where -

(a) the car repair station will be in an existing building;

(b) the car repair station will be located in a basement; and

(c) the gross floor area of the car repair station will not exceed 200 square metres. Use of Residential Buildings in Zone No. 3(a) 23. (1) This clause applies to buildings erected wholly or partly for residential purposes

pursuant to a grant of development consent given after September 1980 on any land in Zone No. 3(a).

(2) No building or part of a building used for residential purposes at the appointed day

shall be used for any purpose other than residential.

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DIVISION 4 - Reserved Land Reserved Land - Zones Nos. 9(a) and 9(c) 24. (1) The owner of any land within Zone No. 9(a) or 9(c) may, by notice in writing, require

the Council to purchase the land.

(2) On receipt of such a notice, the Council must purchase the land, unless the land is owned by a public authority and is held by that public authority for the purpose for which the land is reserved.

(3) A person may, with the consent of the Council, carry out development on land within

Zone No. 9(a) or 9(c) for any purpose if the Council is satisfied that the development will not adversely affect the usefulness of the land for the purpose for which it has been reserved.

Reserved Land - Zone No. 9(b) 25. (1) The owner of any land within Zone No. 9(b) may, by notice in writing, require the

Corporation constituted by section 8(a) of the Act, to purchase the land, unless the land is owned by a public authority and is held by that public authority for the purpose for which the land is reserved.

Acquisition and Development and Land Reserved for Roads - Zone No. 9(d)

Note. Nothing in this clause is to be construed as requiring a public authority to acquire land – see section 27 (3) of the Act. 26. (1) The owner of any vacant land within Zone No. 9(d) may, by notice in writing,

require:

(a) the RTA - in the case of land that is included in a 5 year works program of the RTA current at the time of receipt of the notice; or

(b) the Corporation - in any other case;

to purchase the land.

(2) The owner of any land within Zone No. 9(d) that is not vacant, may, by notice in

writing, require the RTA to purchase the land if -

(a) the land is included in a 5 year work program of the RTA current at the time of the receipt of the notice; or

(b) the RTA has decided not to give concurrence to an application for consent to

the carrying out of development on the land; or

(c) the RTA is of the opinion that the owner of the land will suffer hardship if the land is not acquired within a reasonable time.

(3) On receipt of a notice under this clause, the RTA or the Corporation, as the case

may be, must purchase the land unless the land might reasonably be required to be dedicated for public roads.

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(4) A person may, with the consent of the Council, carry out development on land

within Zone No. 9(d):

(a) for a purpose for which development may be carried out on land in an adjoining zone; or

(b) for any purpose which is compatible with development that may be

carried out on land in an adjoining zone; or

(c) for any purpose of a temporary nature.

(5) Repealed.

(6) Land acquired under this clause may be developed, with the consent of the Council, for any purpose, until such time as it is required for the purpose for which it was acquired.

(7) In this clause -

"the Corporation" means the Corporation constituted by section 8(1) of the Act;

"the RTA" means the Roads and Traffic Authority constituted under the Transport Administration Act 1988;

"vacant land" means land on which, immediately before the day on which a notice under subclause (1) is given, there were no buildings except fences or buildings ancillary to a dwelling-house, such as green houses, conservatories, garages, summer houses, private boat houses, fuel sheds, tool houses, cycle sheds, aviaries, milking bails, hay sheds, stables, fowl houses, barns, or the like.

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DIVISION 5 - General Provisions Special Use - Roads 27. Notwithstanding anything in this plan to the contrary, the Council may grant consent, subject

to such conditions as the Council considers appropriate, for a road or part of a road to be used for the sale of goods, merchandise and produce from barrows, stalls or other temporary structures.

Use of part of road for refreshment rooms 28. Notwithstanding any other provision of this plan, the Council may grant consent to:

(a) the use of part of a road, adjacent to a refreshment room for the purpose of the refreshment room; and

(b) works, such as landscaping and minor structures, which will enable such a use. Foreshore Building Line 29. (1) The objectives of this clause are to allow for development for the purposes of:

(a) boatsheds and associated structures; (b) swimming pools and associated decking and fencing; (c) sea retaining walls; (d) barbecues; and (e) landscaping,

on the foreshore area, and to ensure that such development:

(f) is in conjunction with a residential use on the same land; (g) does not adversely affect the scenic, environmental and cultural qualities of the foreshore; (h) is of a scale, colour and design that minimises the individual and cumulative

visual impact; (i) is in character with the locality.

(2) In this clause, Aforeshore building line@ means a broken black line identified as a

Foreshore Building Line and shown on the map. This clause applies to land between a foreshore building line and the adjacent shore of Sydney Harbour or Middle Harbour.

(3) Development, on the land to which this clause applies, other than for the purposes of:

(a) boatsheds and associated jetties, landings and slips; (b) swimming pools and associated decking and fencing; (c) sea retaining walls; (d) barbecues; and (e) landscaping,

is prohibited.

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(4) The Council must not consent to development for the purposes of:

(a) a boatshed, and its associated structures, if: (i) the height of the boatshed, measured from the lowest point of the building

to its highest point, exceeds 3 metres; or (ii) the boatshed contains habitable rooms; or (b) a swimming pool and any associated decking and equipment, if any part of

the proposed pool will protrude more than 500mm above existing ground level.

(5) In determining an application for consent for any development involving a structure

on the land to which this clause applies, the Council must consider the bulk, appearance and use of the proposed structure and must be satisfied that: (a) there will be no adverse impact on the scenic, environmental and cultural

qualities of the site and its locality; and (b) that the development is in character with the locality.

Dedication of Foreshore Land for Open Space Purposes 30. Nothing in this plan prevents the Council from requiring the dedication of foreshore land for

open space purposes as a condition of development of foreshore land. Balcony Enclosures 31. No development consent shall be required for balcony enclosures except where the building

is on land in a conservation area or listed in Schedule 2. Services 32. Repealed. Community Use of Schools Etc. 33. Notwithstanding any other provision of this plan, the Council may consent to -

(a) the community use of the facilities and sites of schools, colleges and other educational establishments;

(b) the commercial operation of those facilities and sites; and

(c) the carrying out of development for community uses on land used for the purposes of

schools, colleges or other educational establishments, whether or not the development is ancillary to any such purpose.

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Certain Buildings in Zone No. 2(d) 34. (1) This clause applies to buildings erected at the appointed day on land in Zone No.

2(d), being:

No. 141 Alexander Street, Crows Nest No. 19 Ben Boyd Road, Neutral Bay No. 21 Ben Boyd Road, Neutral Bay No. 23 Ben Boyd Road, Neutral Bay No. 70 Ben Boyd Road, Neutral Bay No. 158 Ben Boyd Road, Neutral Bay No. 79 Burlington Street, Crows Nest No. 6 Carter Street, Cammeray No. 8 Carter Street, Cammeray No. 132 Ernest Street, Crows Nest No. 98 Falcon Street, Crows Nest No. 123 Falcon Street, Crows Nest No. 125 Falcon Street, Crows Nest No. 125b Falcon Street, Crows Nest No. 2 Military Road, Neutral Bay No. 247-253 Miller Street, North Sydney No. 69-71 Palmer Street, Cammeray No. 60 West Street, Crows Nest No. 62 West Street, Crows Nest No. 64 West Street, Crows Nest No. 82 West Street, Crows Nest No. 84 West Street, Crows Nest No. 86-88 West Street, Crows Nest No. 218 West Street, Crows Nest No. 220 West Street, Crows Nest No. 236 West Street, Crows Nest No. 63 West Street, Crows Nest No. 65 West Street, Crows Nest No. 87-89 West Street, Crows Nest No. 89A West Street, Crows Nest No. 107 West Street, Crows Nest No. 284 West Street, Crows Nest

(2) Subject to this clause, nothing in this plan prohibits the use, with the consent of the

Council, of a building to which this clause applies for the purpose of commercial premises or light industry.

(3) A consent referred to in subclause (2) shall not be given unless, in the opinion of the

Council -

(a) the amenity of the locality will not be adversely affected by the use of the building in accordance with the consent;

(b) satisfactory provision has been made for off-street parking; and

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(c) the building, by reason of its design or physical features, is not suitable for

conversion to residential premises.

(4) Where a building is to be used in accordance with a consent referred to in subclause (2) -

(a) the net floor space to be so used shall not exceed 100 sq. metres; and

(b) the gross floor space to be so used shall not be increased, except by any

minor additions approved in terms of the consent. Outdoor Advertisements Which do not Require Development Consent 34A. (1) The following advertisements are permitted without the consent of the Council:

(a) advertisements within a site or premises which are not visible from any public or private place outside that site or premises;

(b) real estate signs;

(c) temporary signs;

(d) community notice signs; and

(e) business identification signs, but only if:

(i) such signs are not erected on a heritage item; and (ii) such signs do not exceed 450mm in length and 300mm in height.

(2) Consent is not required from the Council for the erection of the following

advertisements on a site of land within Zone No. 2 (d), 2 (f), 3 (a) or 4 (b):

(a) advertisements behind the glass line of a shop window at ground level;

(b) one fascia sign, which does not project above or below the fascia or return ends of the awnings and is flush with the fascia;

(c) one top hamper sign, which does not extend below the head of the doorway

or windows to which it is attached and does not extend more than 200 mm beyond any building alignment;

(d) one under awning sign, which does not project beyond the awning, is erected

horizontal to the ground, is not less than 2.6m from the ground, and has a maximum length of 2.5 m and a maximum height of 0.5m.

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Consent is also not required for a change in message to an advertisement that has previously been allowed by the Council.

(3) Notwithstanding any other provisions of this plan, the consent of the Council is

required for the erection of:

(a) any new illuminated advertisement; and

(b) any advertisement erected on a heritage item or within a heritage conservation area.

Telecommunications Facilities 34B. Despite any other provision of this plan, development for the purpose of the following may

be carried out on land to which this plan applies:

(a) without the consent of the Council:

(i) Classification 1 low-impact telecommunications facilities specified in Schedule 8, when carried out on land in a zone of a kind so specified for the facility;

(ii) Classification 2 low-impact telecommunications facilities specified in

Schedule 8, when carried out on land in a zone of a kind so specified for the facility - but not on land within a conservation area, land that is the site of heritage item or land adjoining or adjacent to such a site;

(b) only with the consent of the Council:

(i) Classification 2 low-impact telecommunications facilities specified in

Schedule 8, when carried out on land in a zone of a kind so specified for the facility, being land within a conservation area, land that is the site of heritage item or land adjoining or adjacent to such a site;

(ii) telecommunications facilities that are of a kind that is not specified in

Schedule 8 or, if of such a kind, that exceed the dimensions or other requirements for low-impact telecommunications facilities specified in the Telecommunications (Low-impact facilities) Determination 1997 of the Commonwealth and in Schedule 8.

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PART 4 - HERITAGE PROVISIONS Objectives 35. The aims and objectives of this plan insofar as it relates to conservation are -

(a) to control the demolition of heritage items and buildings and works within conservation areas and to develop guidelines to ensure that any alterations and additions to heritage items and buildings and works within conservation areas are in scale and character;

(b) to ensure that consent is not given to the carrying out of development in the vicinity

of a heritage item unless an assessment has been made of the effect which the carrying out of that development would have on the cultural significance of the heritage item and its site;

(c) to ensure that new developments in conservation areas are designed taking account of

the surrounding scale and character of development;

(d) to ensure the increased use of structurally sound buildings by encouraging infill development;

(e) to ensure that aboriginal sites are preserved; and

(f) to ensure that natural bushland, landmark trees, the foreshores and open space are

maintained and effectively managed. Interpretation 36. (1) In this Part -

"alter", in relation to a heritage item or to a building or work within a conservation area, means -

(a) the making of structural changes to the outside of the heritage item, building

or work; or

(b) the making of non-structural changes to the detail, fabric, finish or appearance of the outside of the heritage item, building or work not including the maintenance of the existing detail, fabric, finish or appearance of the outside of the heritage item, building or work;

"conservation area" means the land edged blue and marked "Conservation Area" on the map;

"demolition", in relation to a heritage item or to a building or work within a conservation area, means the damaging, defacing, destruction, pulling down or removal of the heritage item, building or work, in whole or in part;

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"heritage item" means a building, work, relic, tree or place of heritage significance to the Municipality of North Sydney -

(a) situated on land coloured orange on the map marked "Heritage

Conservation"; or

(b) listed in Schedule 2.

"relic" means any deposit, object or material evidence relating to the settlement (including aboriginal habitation) of the area of the Municipality of North Sydney which is 50 or more years old.

(2) In the event of any inconsistency between the provisions of this Part and other

provisions of this plan (including the provision of Part 2) then to the extent of any inconsistency the provisions of this Part shall prevail.

Heritage Items 37. (1) A person shall not, in respect of a building, work, relic, tree or place that is a heritage

item -

(a) demolish or alter the building or work;

(b) damage or move the relic, including excavation for the purpose of exposing the relic;

(c) damage or despoil the place or tree;

(d) erect a building on or subdivide land on which the building, work or relic is

situated or that comprises the place; or

(e) damage any tree on land on which the building, work or relic is situated or on the land which comprises the place;


(2) The Council shall not grant consent to a development application under subclause (1)

unless it has taken into consideration the extent to which the carrying out of the proposed development would affect the cultural significance of the item and any stylistic or horticultural features of its setting.

(3) An applicant for consent under this clause may be required to satisfy the Council as

to the following matters:

(a) the significance of the item as a heritage item;

(b) the extent to which the proposal would affect the cultural significance of the item and its site;

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(c) whether any stylistic, horticultural or archaeological features of the item or its

site should be retained;

(d) whether the item constitutes a danger to the users or occupiers of that item or to the public;

(e) in the case of a building or work - whether the permanent conservation

of the building or work is considered necessary; and (f) in the case of a building or work - the probability of the building or work

being incapable of reasonable or economic use.

(4) The Council shall, in determining an application under this clause, take into consideration the matters listed in subclause (3).

Development in the Vicinity of Heritage Items 38. The Council shall not grant consent to an application to carry out development on land in the

vicinity of a heritage item unless it has made an assessment of the effect the carrying out of that development will have on the heritage significance of that item and its setting.

Conservation Areas 39. (1) A person shall not, in respect of a conservation area -

(a) demolish or alter a building or work within the area;

(b) damage or move a relic, including excavation for the purpose of exposing or removing a relic, within the area;

(c) damage or despoil a place within the area; or

(d) erect a building on or subdivide land within the area;


(2) The Council shall not grant consent to an application under subclause (1) unless it

has taken into consideration the extent to which the carrying out of the proposed development would affect the heritage significance of the conservation area.

(3) An applicant for consent under this clause may be required to satisfy the Council as

to the following matters:

(a) in the case of a proposed building or work - the general form of the building and roof in relation to existing development in the vicinity within the conservation area;

(b) in the case of a proposed building or work - the style, size, proportion and the

position of the openings for doors and windows;

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(c) in the case of a proposed building or work - whether the colour, texture, style,

size and type of finish of the materials to be used on the exterior of the building are compatible with the materials used in the existing buildings on the site and in the conservation area;

(d) whether any stylistic, horticultural or archaeological features of the building

or work or its site should be retained;

(e) whether there is a danger to the users or occupiers of the building or to the public; and

(f) whether, in the case of an application for demolition "infill development" is a

reasonable alternative. Development in the Vicinity of Aboriginal Relics 40. Where the Council receives an application to carry out development on land within the

vicinity of an Aboriginal relic, the Council shall not grant consent to that application until 14 days after the Council has notified the Director of National Parks and Wildlife of its intention to do so.

Heritage Advertisements and Notifications 41. Where a person makes a development application to demolish a building or work that is a

heritage item, the Council shall not grant consent to that application until 28 days after the Council has notified the Secretary of the Heritage Council for its intention to do so.

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PART 5 - PARTICULAR PROVISIONS The Civic Centre 42. (1) This clause applies to the land generally bounded by Miller, McLaren, West and

Ridge Streets, North Sydney, and known as "the Civic Centre", zoned as "Special Uses Civic Centre" on the map.

(2) Nothing in this plan prevents a person, with the consent of the Council, from carrying

out development on the land to which this clause applies for the following purposes:

car-parking; child care centres; commercial premises; dwelling-houses; educational establishments; hotels; places of assembly; place of public worship; public buildings; refreshment rooms; residential buildings; shops; transport terminals.

(3) In deciding whether to grant consent for development for the purposes of commercial

premises and shops under this clause, the Council must consider the capacity of the North Sydney sub-regional centre to accommodate the proposed development.

(4) Repealed.

42A. Civic Centre – Open Space (1) This clause applies to the land generally bounded by Stanton Library, North Sydney

Leisure Centre, St Thomas Church, Council Chambers carpark, the Council Chambers and Miller Street, North Sydney as shown edged in heavy black on the map marked North Sydney Local Environmental Plan 1989 (Amendment No 47) deposited in the office of the Council.

(2) Notwithstanding anything in this plan to the contrary, the Council may grant consent,

subject to such conditions as the Council considers appropriate, for the sale of goods, merchandise and produce from barrows, stalls or other temporary structures, entertainment and information displays on the land to which this plan applies.

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Development of Certain Land - St. Leonards Park 43. (1) This clause applies to land known as St. Leonards Park, North Sydney and the

roadway along Miller Street adjacent to Oval No. 1.

(2) Subject to subclause (3), nothing in this plan prevents a person, with the consent of the Council, from carrying out development on the land to which this clause applies for any of the following purposes:

Advertisements; car-parking; child care centres and kindergartens; clubs; commercial premises; council and community facilities; educational establishments; landscaping; public buildings; recreational and sporting facilities; refreshment rooms; shops; taverns; uses and structures ancillary and incidental to any sporting activity carried out on the land (including television towers); utility installations.

(3) Notwithstanding any other provision of this plan, commercial premises and shops

shall be contained within sports grandstand structures on the land to which this clause applies and the gross floor area of those commercial premises and shops shall not exceed 2,000 sq. metres.

Mount Street Plaza 43A. (1) This clause applies to the land known as Mount Street Plaza, being part of Mount

Street within zone No. 6(a) shown edged in heavy black on the map marked ANorth Sydney Local Environmental Plan 1989 (Amendment No 44)@.

(2) Notwithstanding anything in this plan to the contrary, the Council may grant consent

for the sale of goods, merchandise and produce from barrows, stalls or other temporary structures, and for seating for patrons of food outlets, on the land to which this clause applies.

Hume Street Car-Park 44. (1) This clause applies to land bounded by Hume Street, Clarke Street, Oxley Street and

Pole Lane at Crows Nest and including part of the surrounding roadways, commonly known as "The Hume Street Car-Park".

(2) Subject to subclause (3), nothing in this plan prevents a person, with the consent of

the Council, from carrying out development on the land to which this clause applies for any of the following purposes:

Car-parking; child care centres; commercial premises; dwelling-houses; open space and landscaping; public buildings; recreational facilities; refreshment rooms; residential flat buildings; retail shops; utility installations (other than gasholders or generating works).

(3) (a) The gross floor area of any building erected on the land to which this clause

applies shall not exceed 472 sq. metres.

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(b) The height of any building erected on the Hume Street car park shall not

exceed 25 metres measured vertically at any point above natural ground level. Alexander Street Car-Park 45. (1) This clause applies to land situated in the Municipality of North Sydney having

frontage to Alexander and Burlington Streets, Crows Nest, being Lots 9-12, Section 4, D.P. 1265, and known as "The Alexander Street Car-Park".


out development on the land to which this clause applies for any of the following purposes -

Advertisements; car-parking; child care centres and kindergartens; commercial premises; Council and community facilities; educational establishments; landscaping; public buildings; professional consulting rooms; recreational and sporting facilities; refreshment rooms; utility installations; sandwich and take-away food shops.

Nicholson Street Car-Park 46. (1) This clause applies to the land situated in the Municipality of North Sydney, having

frontage to Nicholson Street, Crows Nest, and known as "The Nicholson Street Car-Park".

(2) Subject to subclause (3), nothing in this plan prevents a person, with the consent of

the Council, from carrying out development on the land to which this clause applies for any of the following purposes:

Advertisements; car-parking; child care centres and kindergartens; commercial premises; Council and community facilities; dwellings; educational establishments; housing for aged or disabled persons; landscaping; professional consulting rooms; public buildings; recreational and sporting facilities; refreshment rooms; sandwich and take-away food shops; shops; utility installations (other than gasholders or generating works).

(3) The Council shall not consent to the erection, alteration or extension of a building on

the land to which this clause applies unless -

(a) the building when erected, altered or extended will not have such a height that it extends more than 5 floors above the street level of Nicholson Street;

(b) the lowest 2 floors of the building may be used as a car-parking station and

the other floors of the building will be used for the provision of residential accommodation; and

(c) the floor space ratio of the building to the area of the land will be not greater

than 1.25:1.

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(4) For the purposes of subclause (3) the floor space ratio of the building to the area of

the land shall be calculated without regard to areas used for the purposes of car-parking, child care centres and kindergartens, Council and community facilities, educational establishments, landscaping, public buildings, recreational facilities and utility installations.

Holtermann Street Car-Park 47. (1) This clause applies to land bounded by Holtermann Street, Zig Zag and Willoughby

Lanes and Council's Crows Nest Community Centre and known as "The Holtermann Street Car-Park".


out development on the land to which this clause applies for any of the following purposes:

Advertisements; car-parking; child care centres and kindergartens; clubs; commercial premises; Council and community facilities; educational establishments; landscaping; professional consulting rooms; public buildings; recreational and sporting facilities; refreshment rooms; sandwich and take-away food shops; utility installations other than gasholders and generating works.

Crows Nest Community Centre 48. (1) This clause applies to the land situated in the Municipality of North Sydney bounded

by Ernest Street, Willoughby Lane, Hospital Lane and that portion of Zig Zag Lane between Hospital Lane and Ernest Street, and known as the "Crows Nest Community Centre".

(2) Subject to subclause (3), nothing in this plan prevents a person with the consent of

the Council, from carrying out development on the land to which this clause applies for the following purposes:

Caretaker's dwelling; child care centres; commercial offices; open space; places of assembly; professional consulting rooms; public buildings; refreshment rooms; roads; shops not exceeding 50 sq. metres each; welfare facilities; utility installations other than gasholders or generating works.

(3) The Council shall not consent to the erection of a building on the land to which this

clause applies where -

(a) the floor space ratio of the building exceeds 1.6:1;

(b) the building when erected will have a height that extends more than 4 habitable floors above the pavement level of Ernest Street; or

(c) provision is not made for linking the building with the car-park structure to

the north of the land.

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Sails Restaurant 49. (1) This clause applies to land zoned residential 2(d) in Henry Lawson Drive and

adjacent to McMahons Point Wharf and known as "Sails" restaurant.

(2) The floor space ratio of any development on the land to which this clause applies shall not exceed 0.75:1.

(3) A person shall not erect a building on land to which this clause applies having more

than one storey vertically above any point at natural ground level. 21-23 William Street, North Sydney 50. (1) This clause applies to 21-23 William Street, North Sydney.

(2) Nothing in this plan prevents a person, with the consent of the Council, from carrying out development on the land to which this clause applies for the purpose of providing underground commercial car-parking facilities.

Pacific Highway, West, Church and McLaren Streets 51. (1) This clause applies to land situated in the Municipality of North Sydney having

frontage to -

(a) the Pacific Highway between McLaren and West Streets, North Sydney, being Lots A and B, D.P. 69777, Lots 4 and 5, D.P. 82821, Lots 6, 7, 8 and 9, D.P. 86860, and Lot 1, D.P. 69972, and known as 253-269 Pacific Highway, North Sydney;

(b) McLaren Street, North Sydney, being part Lot 11, D.P. 61077, and known as

6-8 McLaren Street, North Sydney; and

(c) Church Street, North Sydney, being Lot 1, D.P. 78417, and known as 12 Church Street, North Sydney.

(2) Subclauses (3)-(5) apply notwithstanding anything to the contrary in this plan.

(3) The Council shall not consent to the development of land referred to in subclause

(1)(a) unless -

(a) except as provided by paragraph (b), the floor space ratio of any building to be used for commercial purposes will not exceed 1.25:1;

(b) where the development includes a residential component, the floor space ratio

referred to in paragraph (a) will not exceed 1.75:1;

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(c) except as provided in paragraph (d), the height of any building proposed to

be erected shall not exceed 2 floors or levels above the Pacific Highway frontage level; and

(d) where the development includes a residential component, the height of any

building proposed to be erected will not exceed three floors or levels, the third level of which will be an attic floor contained within the roof space.

(4) Land referred to in subclause (1)(b) may be developed, with the consent of the

Council, for the purposes of mixed commercial and residential uses but the Council shall not consent to the demolition of the existing buildings on that land.

(5) Land referred to subclause (1)(c) may be developed with the consent of the Council

for the purposes of -

(a) a single dwelling house; or

(b) a residential flat building or attached dwelling-house not exceeding two residential floors (excluding any attic) in height at any point above the adjacent street footpath level.

118 High Street, North Sydney - Decontamination of Certain Land 52. (1) This clause applies to land at North Sydney, being Lot 2, D.P. 229314, Certificate of

Title volume 10646, folio 50, and known as 118 High Street, North Sydney.

(2) The Council shall not consent to the erection of a building on land to which this clause applies unless, in the opinion of the Council, adequate measures have been taken to ensure the decontamination of the land including the safe removal of residues from previous gas manufacture and storage processes.

42 McDougall Street and 14 Hipwood Street, Kirribilli 53. (1) This clause applies to land known as No. 42 McDougall Street and No. 14 Hipwood

Street, Kirribilli.

(2) Notwithstanding any other provision of this plan, a person may, with the consent of the Council, carry out development on land to which this clause applies for the purposes of a car parking station.

South-East Corner of Lavender Street and Blues Point Road, McMahons Point 54. (1) This clause applies to the ground floor of the remaining building on land at the corner

of Lavender Street and Blues Point Road, McMahons Point.

(2) Notwithstanding any other provision of this plan, a person may, with the consent of the Council, carry out development on land to which this clause applies for the purposes of professional consulting rooms.

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19-21 Hayes Street, Neutral Bay 55. (1) This clause applies to land at 19-21 Hayes Street, Neutral Bay, and known as the

former Neutral Bay Post Office.

(2) Notwithstanding any other provision of this plan, a person may, with the consent of the Council, carry out development on land to which this clause applies for the purpose of providing commercial offices within the existing building (formerly the Neutral Bay Post Office) and for car-parking and landscaping.

(3) The Council shall not consent to the alteration of or addition to the existing building

where the floor space ratio of the building as so altered or added to would exceed a ratio of 0.45:1 unless the Council is satisfied that -

(a) any such alteration or addition is in character, scale and harmony with the

existing building; and

(b) adequate landscaping and car-parking is to be provided. 196 and 196A Miller Street, North Sydney 56. (1) This clause applies to the land being Lot 1 and Lot 2 in D.P. 734946, and known as

196A and 196 Miller Street, North Sydney, situated on the south-western corner of Miller and McLaren Streets, North Sydney.

(2) Notwithstanding any other provision of this plan no building erected or to be erected

on Lot 1, D.P. 734946, shall have a gross floor area exceeding 141 sq. metres.

(3) Notwithstanding any other provision of this plan, the floor space ratio of any building erected or to be erected on Lot 2, D.P. 734946, shall not exceed 0.67:1.

(4) Notwithstanding any other provision of this plan, no building erected or to be erected

on Lot 2, D.P. 734946 shall be used for commercial purposes. 7-17 William Street, North Sydney 57. (1) This Clause applies to 7-17 William Street, North Sydney.

(2) Subject to subclause (3), nothing in this plan prevents a person, with the consent of the Council, from carrying out development on the land to which this clause applies for the following purposes:

Boarding-houses; child care centres; commercial premises; educational establishments; hospitals; open space; places of public worship; professional consulting rooms; residential flat buildings; refreshment rooms; serviced apartments; shops; utility installations (other than gasholders or generating works).

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(3) The Council shall not consent to the erection of a building on land to which this plan

applies where -

(a) in the case of a residential flat building or boarding house - the floor space ratio of the building exceeds 3:1; or

(b) in any other case - the floor space ratio of the building exceeds 2:1; or

(c) the ratio of floor space of any part of the building used for the purpose of

commercial premises, refreshment rooms or shops exceeds 0.31:1; or

(d) the height of the building measured vertically from existing ground level exceeds 28 metres or 8 storeys whichever is the lesser.

(3) Nothing in this plan prevents a person, with the consent of the Council, from using

the land to which this clause applies for the purpose of parking and servicing any approved development that is being carried out at 50 Miller Street, North Sydney.

Corner of Mackenzie and Walker Streets, North Sydney 58. (1) This clause applies to land situated at the corner of Mackenzie and Walker Streets,

North Sydney, being Lot 1, D.P. 527890, as shown edged heavy black on the map marked "North Sydney Local Environmental Plan 1989 (Amendment No. 2)".

(2) Notwithstanding any other provision of this plan, a person may, with the consent of

the Council, carry out development on land to which this clause applies for car-parking purposes (not being car-parking for which a charge is made).

(3) The Council shall not consent to the erection of a building or buildings on land to

which this clause applies if the number of parking spaces (excluding residential parking spaces) on the land will exceed 50.

267-283 Miller Street, North Sydney 59. (1) This clause applies to the land known as 267-283 Miller Street, North Sydney, being:

$ Lots 1 and 2 in D.P. 781665 and Lot 1 in D.P. 385777 (known as No. 267 Miller Street);

$ Lot 1 in D.P. 362684 (known as No. 269 Miller Street and currently occupied

by the Independent Theatre); and

$ Lot 1 in D.P. 600825 and the public road vested in the Council and adjacent to Lot 1 in D.P. 600825 (known as 283 Miller Street).

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(2) A person may, with the consent of the Council, carry out development on the land

known as No. 267 Miller Street for the following additional purposes:

Refreshment rooms; shops not exceeding 100 square metres in floor area,

as long as the floor space ratio of so much of the gross floor area of any building or buildings on that land as is used for the purposes of shops or refreshment rooms, or both, will not exceed 0.5:1.

(3) A person may, with the consent of the Council, carry out development on the land

known as Nos. 269-283 Miller Street for the following additional purposes:

Hotel; recreation facilities.

(4) The Council is not to grant consent, after the expiration of a period of 2 years from the date on which North Sydney Local Environmental Plan 1989 (Amendment No. 5) took effect, to the carrying out of development in accordance with subclause (2) or (3).

(5) The Council is not to grant consent to the carrying out of development on land to

which this clause applies in accordance with subclause (2) or (3) unless:

(a) the proposed development is to be carried out contemporaneously with the conservation and refurbishment of the Independent Theatre;

(b) it is satisfied that the proposed development will facilitate the conservation

and refurbishment of the Independent Theatre;

(c) each building proposed to be erected will contain not more than 5 storeys measured vertically above natural ground level at the Miller Street frontage of that land; and

(d) no part of any building proposed to be erected will exceed a building height

plane projected from the centre-line of Miller Street, Ridge Street or Elliott Street, or from the boundary between 263 and 265 Miller Street.

Elliott Street, North Sydney 60. (1) This clause applies to land in Elliott Street adjoining No. 269 Miller Street in North

Sydney, as shown edged heavy black on the map marked "North Sydney Local Environmental Plan 1989 (Amendment No. 6)".


Council, carry out development on land to which this clause applies, for the purposes of a place of assembly.

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(3) Notwithstanding any other provision of this plan, the Council shall not consent to

development on land to which this clause applies if any proposed building exceeds the building height plane at any point measured from the centre of Elliott Street.

Site No. 1, Mater Hospital, 194 Pacific Highway, Crows Nest 61. (1) This clause applies to the land within the Municipality of North Sydney being Lots

15, 16, 17, 18, 19, 20, 22, 23, 24 and 27, Section 1, D.P. 1649; Lots 1 and 2, D.P. 218642 and Part Portion 323, Volume 4527, Folio 18, known as Site No. 1, Mater Hospital, 194 Pacific Highway, Crows Nest, and shown edged heavy black on the map marked "North Sydney Local Environmental Plan 1989 (Amendment No. 10)".

(2) In this clause:

(a) "floor space ratio", in relation to a building, means the ratio of the gross floor area of the building to the area of the whole of the land to which this clause applies;

(b) "Medical Centre" means a building or place used for the purpose of

providing professional health services (including preventative care, diagnosis, medical and surgical treatment and counselling) and includes facilities for medical teaching and training.

(3) The Council shall not consent to the erection of a building or buildings on land to

which this clause applies where:

(a) the floor space ratio will exceed 2.5:1;

(b) the floor space ratio of so much of the gross floor area of any building or buildings on that land as is to be used for Medical Centre purposes will exceed 1:1;

(c) the floor space ratio of so much of the gross floor area of any building or

buildings on that land as is to be used for other non-residential purposes will exceed 1:1;

(d) the gross floor area of any shop or showroom will exceed 120 square metres;

(e) the maximum height of any building will exceed a reduced level of 117.1

metres AHD; or

(f) the number of storeys will exceed 6.

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(4) The Council shall not grant consent to the erection of a building or buildings on the

land to which this clause applies unless it is satisfied that adequate water and sewerage services are available.

243 - 265 Miller Street, North Sydney 62. (1) This clause applies to the land known as 243 - 265 Miller Street as shown edged

heavy black on the map marked "North Sydney Local Environmental Plan 1989 (Amendment No. 11)".

(2) Notwithstanding any other provision of this plan, the Council may consent to the

erection of a building or buildings on the land to which this clause applies if:

(a) each building will contain not more than 2 storeys measured vertically above natural ground level at the Miller Street frontage of that land;

(b) no part of the building or buildings will exceed any building height plane

projected from any point along a boundary of a site on the land to which this clause applies;

(c) the floor space ratio of so much of the gross floor area of the building or

buildings as is to be used for any purpose, other than attached dwellings, infill development, dwelling-houses or residential flat buildings, will not exceed 0.5:1; and

(d) the gross floor area of any shop will not exceed 100 square metres.

52 & 54 High Street, North Sydney 63. (1) This clause applies to the ground floor premises of buildings situated on Lots A and

B, DP 420585 and Lot 3, DP 421112 known as 52 and 54 High Street, North Sydney as shown edged heavy black on the map marked "North Sydney Local Environmental Plan 1989 (Amendment No. 19)" deposited in the office of the Council.


the Council, carry out development in the ground floor premises to which this clause applies for the following purposes:-

advertisements; art and craft galleries; barbers' shops and beauty salons; boot and shoe repairing; commercial offices limited to a maximum nett floor area of 100m2 excluding real estate offices, serviced apartment offices and the like; dressmaking; dry-cleaning agencies; framing; hairdressing salons; lending libraries; owner-operated travel agencies; photographic studios; post offices; professional consulting rooms; self-service coin-operated laundries; shops; take-away food shops; tea and coffee shops; tailoring; totalisator agency board offices; trade or craft workshops.

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6 Warung Street, McMahons Point 64. (1) This clause applies to land being Lot C, D.P. 338032 known as 6 Warung Street,

McMahons Point, as shown edged heavy black on the map marked "North Sydney Local Environmental Plan 1989 (Amendment No. 15)" deposited in the office of the Council of the Municipality of North Sydney.

(2) Notwithstanding any other provision of this plan a person may, with the consent of

the Council, carry out development on the land to which this clause applies to adapt the dwelling existing on that land when North Sydney Local Environmental Plan 1989 (Amendment No. 15) commenced, to a residential flat building.

1 Amherst Street, Cammeray 65. (1) This clause applies to land, being Lots 2 and 3 DP 259929 known as 1 Amherst

Street, Cammeray, as shown edged heavy black on the map marked ANorth Sydney Local Environmental Plan 1989 (Amendment No. 31)@.

(2) Notwithstanding the provisions of Clause 14A, a person may, with the consent of the

Council, develop land to which this clause applies for the purpose of a residential flat building.

34 McLaren Street, North Sydney 66. (1) This clause applies to the land known as 34 McLaren Street, as shown edged heavy

black on the map marked ANorth Sydney Local Environmental Plan 1989 (Amendment No. 26)@.

(2) A person may, with the consent of the Council, carry out development on the land for

the purposes of professional consulting rooms for a period which expires no later than 10 years from the date on which North Sydney Local Environmental Plan 1989 (Amendment No. 26) took effect.

Residential Flat development - 59 Wycombe Road, Neutral Bay 66A. (1) This clause applies to land, being Lot 1, DP 74149, and known as 59 Wycombe

Road, Neutral Bay, as shown in edged heavy black on the map marked ANorth Sydney Local Environmental Plan, 1989 (Amendment No 53)@.

(2) Notwithstanding clause 14A, development for the purpose of a residential flat

building, on the land to which this clause applies, may be carried out with the consent of the Council.

58-68 Milray Avenue, Wollstonecraft 67. (1) This clause applies to that part of the land known as 58-68 Milray Avenue,

Wollstonecraft which is below the cliff line as shown on Council=s Department of Engineering Plan 5428 of 22 January 1980.

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(2) Development may be carried out on the land to which this clause applies only if the

development:

(a) involves the carrying out of works for the purposes of landscaping, gardening or bushfire hazard control; and

(b) does not involve the erection of a building.

16-18 Munro Street, North Sydney 68. (1) This clause applies to the land known as 16-18 Munro Street, North Sydney.

(2) The aims of this clause are to:

(a) maintain evidence of the maritime history of the locality and the site itself; and

(b) ensure remediation of the site to the extent necessary for permissible

development.

(3) The Council shall not grant consent to the carrying out of development on land to which this clause applies unless:

(a) remediation of land has been carried out in accordance with guidelines,

protocols or standards known to the Council to have been published by the Environmental Protection Authority or Department of Urban Affairs and Planning, or both and which are relevant to remediation procedures, the type of contamination on the land or the type of use to which the land has been, is or is proposed to be, put; and

(b) a report providing details of any remediation of the land, has been submitted

to the Council by an Environmental consultant with expertise in dealing with contaminated land; and

(c) an independent review of the remediation works has been submitted to the

Council by an accredited contaminated land auditor recognised by the Environmental Protection Authority confirming the land has been remediated to an appropriate standard.

(4) Despite any other provision of this plan, waterfront activities, such as the

maintenance or storage of small boats, and the facilities to enable this activity (such as slipways and boatsheds) are permitted with the consent of the Council on the land to which this clause applies.

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(5) Nothing in subclause (3) prevents remediation of the land and the works required by

subclause (3)(a) from being carried out with the consent of the Council.

(6) In this clause:

Aappropriate standard@ means remediation to a standard appropriate for the intended use in terms of the requirements of the Australian and New Zealand Guidelines for the Assessment and Management of Contaminated Sites, jointly developed by the Australian and New Zealand Environment and Conservation Council (ANZECC) and the National Health and Medical Research Council (NH&MRC), published in 1992;

Aindependent review@ means the checking of adherence to standards, procedures and protocols employed in a remediation process and the expression of an opinion on the conclusions reached in that process by a party who is independent of the person who is carrying out the remediation, or on whose behalf the remediation is being carried out.

Bays 24-44 Ennis Road, Kirribilli 69. (1) This clause applies to the cubic spaces which comprise Bays 24-44 Ennis Road.

Kirribilli, as shown edged heavy black on the map marked ANorth Sydney Local Environmental Plan 1989 (Amendment No. 39)@

(2) Despite any other provision of this plan, a person may, with the consent of the

Council, carry out development on the land to which this clause applies for those purposes permissible within Zone No. 2(d) the Residential/Neighbourhood Shops zone.

17-19 Wycombe Road, Neutral Bay - Erection of Residential Flat Buildings 69. (1) This clause applies to land known as 17-19 Wycombe Road, Neutral Bay, being Lot

1, D.P. 80369, Lots A and B, D.P. 102375, part Lots 27 and 28, D. P. 3183 and Crown Grant No. 1050, as shown edged heavy black on the map marked ANorth Sydney Local Environmental Plan 1989 (Amendment No. 41)@.

(2) Despite clause 14A(1), a person may, with the consent of the Council, develop land

to which this clause applies for the purpose of residential flat buildings.

(3) Nothing in clause 14A(2) prevents the refurbishment of buildings on the land to which this clause applies at the time North Sydney Local Environmental Plan 1989 (Amendment No. 41) took effect.

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Classification or Reclassification of Public Land as Operational Land 71. (1) The public land described in Schedule 4 is classified, or reclassified, as operational

land for the purposes of the Local Government Act 1993. (2) In accordance with section 30 of the Local Government Act 1993, a parcel of 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 on the commencement of the relevant amending plan and, by the operation of that plan, is discharged from any trusts, estates, interests, dedications, conditions, restrictions and covenants affecting the land or any part of the land except for: (a) any reservations that except land out of a Crown grant relating to the land,

and (b) reservations of minerals (within the meaning of the Crown Lands Act

1989).

(3) Before the relevant amending plan that inserted the description of a parcel of land into Part 2 of Schedule 4 was made, the Governor approved of subclauses (2) and (4) applying to the land.

(4) In this clause, the relevant amending plan, in relation to a parcel of land

described in Part 2 of Schedule 4, is the local environmental plan cited at the end of the description of the parcel.

(5) Land described in Part 1 of Schedule 4 is not affected by the amendments made

by the Local Government (Community Land Management) Act 1998 to section 30 of the Local Government Act 1993.

Luna Park land having frontage to Glen Street 72. (1) This clause applies to the land as shown hatched in black stripes on the map marked

“North Sydney Local Environmental Plan in 1989 (Amendment No.54)” deposited in the office of the Council of North Sydney.

(2) Notwithstanding any other provisions of this plan, a person may, with the consent of

the Council, carry out development on the land to which this clause applies for the purpose of the following:

car parks (to be used only in conjunction with Luna Park and the North Sydney

Olympic Pool), commercial premises, hotels and shops. (3) The relevant controls (except clause 19A) that apply to land within Zone No. 3(a)

apply to the carrying out of development pursuant to this clause on the land to which this clause applies as if the land were in that zone and not within Zone No. 5(d).

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(4) A building shall not be erected on land to which this clause applies and described in

Column 1 of the Table to this clause, if the number of storeys measured vertically above any level, specified opposite the land in Column 3 of the Table

Table Column 1: Land Column 2: Level Column 3: Storeys

(maximum) Land having frontage to the western side of Glen Street, Milsons Point

The level of Glen Street 4

Former BP Site, Coal Loader Site and Caltex Site, Balls Head 73. (1) This clause applies to the land known immediately before the commencement of this

clause as the Former BP Site, Coal Loader Site and Caltex Site, Balls Head. (2) The Council may grant consent to the use of a heritage item, being the Coal Loader

and its site, even if the granting of that consent would otherwise be prohibited by this plan or by Sydney Regional Environmental Plan No 23 - Sydney and Middle Harbours, if it is satisfied that: (a) the proposed use is compatible with the item and its site and would not

adversely effect its heritage significance; and (b) the proposed use is compatible with the predominant uses in the locality and

would not adversely affect the amenity of the neighbourhood or the quality of the environment; and

(c) the conservation of the heritage item depends upon the granting of the consent.

(3) The Council must not grant consent pursuant to sub-clause 2, unless it has considered

a conservation plan for the heritage item.

(4) The Council must not consent to the erection of a building on the BP freehold land if the proposed development will, in its opinion, result in significant loss of views from surrounding properties and public spaces, including roads, laneways and parkland.

(5) Nothing in this clause effects the application of State Environmental Planning Policy

No 55 - Remediation of Land to the land to which this clause applies. Amendment of Sydney Regional Environmental Plan No 23 - Sydney and Middle Harbours 6. Sydney Regional Environmental Plan No 23 - Sydney and Middle Harbours is amended by

inserting after clause 4(2) the following subclause: (3) Clause 73 of the North Sydney Local Environmental Plan, 1989 has effect despite the

provisions of Part 4 of this Plan.

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North Sydney CBD - residential prohibition 74. (1) This clause applies to land within the North Sydney CBD, as shown hatched on the

map marked ANorth Sydney Local Environmental Plan, 1989 (Amendment No 66)@.

(2) Despite any other provision of this plan, the Council must not consent to development of land to which this clause applies for the purpose of the following: attached dwellings; boarding houses; dwellings; dwelling houses; residential flat buildings.

(3) This clause ceases to have effect at the end of the period of 2 years commencing with

the day on which North Sydney Local Environmental Plan, 1989 (Amendment No 66) was gazetted.

North Sydney CBD - floor space ratios 75. (1) This clause applies to land within the North Sydney CBD, as shown in edged heavy

black on the map marked ANorth Sydney Local Environmental Plan, 1989 (Amendment No 66)@, except as provided by subclause (2).

(2) This clause does not apply to land shown hatched on that plan or the following land:

* 52 Berry Street, Lot 2, DP 708306; * 196 Miller Street, Lots 1 and 2, DP 734946; * 199 Miller Street, Lot 1, DP 708306; * 201 Miller Street, Lot 1, DP 706146; * 1-7 Napier Street, Lots 21, 22 and 23, DP 564122 and Lot 12, DP 605732. * 154 Pacific Highway, SP 22186; * 168 Pacific Highway, Lot 1, DP 797747; * 172 Pacific Highway, SP 19533.

(3) A building must not be erected on land to which this clause applies in an area

specified in Column 1 of the Table to clause 18 if the floor space ratio of the building would exceed the ratio shown opposite that area in Column 2 of that Table, regardless of the purpose or purposes for which the building will be used.

(4) Clause 18(3) does not apply to land to which this clause applies.

(5) This clause ceases to have effect at the end of the period of 2 years commencing with

the day on which North Sydney Local Environmental Plan, 1989 (Amendment No 66) was gazetted.

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SCHEDULE 1 (Cl. 4(1)) (1) The following environmental planning instruments have been repealed:

(a) The North Sydney Planning Scheme Ordinance, to the extent that it has previously applied to the land to which this plan applies.

(b) Interim Development Orders Nos. 1, 2, 12, 17, 19, 20, 23, 28, 38, 39, 40, 44, 45, 46,

48, 50, 53, 55, 56, 59, 61, 62, 63, 64, 65, 66, 67, 68, 69 and 70 - Municipality of North Sydney.

(c) Local Environmental Plans Nos. 1, 2, 3, 4, 5, 6, 7, 9, 10, 11, 12, 13, 14, 15, 16, 17,

18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 70, 71, 72, 75, 76, 78, 79, 80 and 81 - Municipality of North Sydney.

(2) Interim Development Order No. 57 - Municipality of North Sydney is amended by inserting

after clause 1 the following clause: Excluded land 1A. This Order does not apply to the following land:

Land shown coloured on the map marked "North Sydney Local Environmental Plan 1989" deposited in the office of the Council.

(3) Interim Development Order No. 60 - Municipality of North Sydney is amended by inserting

after clause 1 the following clause: Excluded land 1A. This Order does not apply to the following land:

Land shown coloured on the map marked "North Sydney Local Environmental Plan 1989" deposited in the office of the Council.

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SCHEDULE 2 - HERITAGE ITEMS (Cl. 5(1)) Aboriginal Carvings As identified by the National Parks and Wildlife Service Adderstone Avenue 3, 5, 9 Alexander Street 101 Alfred Street 4 (Olympic Pool), 48 (Camden House formerly Camden Villa), 100

(Chinese Christian Church) Allister Street 2 (Cremorne Hall) Amherst Street 3 (Tarella) Ancrum Street 2, 8-10, 34-38, 58, 3-9, 23-31, 39-43, 59-61 Anzac Avenue War Memorial Atchison Street 104, rear 114 (barn) Aubin Street 44 (Clarence), 46 (Grafton) Baden Road 2, 6-8 Balfour Street 22, 15 Ball's Head Bay Coal Loader, Quarantine Station Ball's Head Road 39 Bank Street 18, 22-26, 38, 42-78, 96-104, 1-5, 9-15, 27, 29, 51-55, 59, 61-63,

67-73, 85, 89-91 Bannerman Street 8 (Dalkeith), 11 Bay Road Waverton Railway Station Bayview Street 11 (Ildemere), 11A (boatshed), 25-33 Bellevue Street 143 (Substation), 135 Cnr Bellevue Street Cammeray Public School and Palmer Street Ben Boyd Road 14 (Cordon Bleu Private Hotel), 56 (Mount Edgecumbe), Plaques

Commemorating Ben Boyd (Neutral Bay), 107, Neutral Bay Public School, 189

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Bennett Street 36-42, 19, 47 Berry's Bay Waterfront Industries Bertha Road 4, 6 (Ingleneuk) Blue Street 36 - Former North Sydney Technical School opposite Railway Station

- original sandstone school and Moreton Bay Fig trees Blues Point Road 14-28 (Blues Pt. Tower), 42, 46, 50-52, 60-68, 74, 82, 86, 94-100,

104-114, 118-120, 124-144, 148, 178-180, 208, 218 (St Peters Presbyterian Church & Manse), 33-39, 43-45, 57-61, 65, 73-79, 85-91, 101 (house excluding shop), 115-135, 139, 163, 167-171, 181 (St Peter's Presbyterian School Hall), 193-207

Blues Point Road Sandstone Seat (Cnr William Street) Bogota Avenue 15, 17-19 ("Arden", formerly Arden Cottage), 29 Boyle Street 33 Bromley Avenue 4, 6, 5 (Balnagowan) Broughton Street 7-9 (St. John the Baptist Church), 5 (Church Hall), Greenway Flats Browns Lane 3 Burton Street 29 (Milsons Point Public School) Carabella Street 8-10, 12A (Glenferrie Private Hotel), 40-44, 48 (Burnleigh), 54,

56-58, 64-66, 11-27, 31, 69 (Fairhaven), 71 (Araluen), 73-83 (Loreto Convent formerly Elamang), 117

Carter Street 5-7 (All Saints Church) Church Street St Thomas Anglican Church, St Thomas Kindergarten Hall, Thomas

Rectory Chuter Street 2-32, 9-11, 15 Claude Avenue 6-14 Clifton Street 22, 24, 21, 25, 35, 39 Colin Street 12 (Heather Bray House), 12A (former Stable) Commodore Crescent 3 (Billy Blue's Cottage), Henry Lawson Steps Cranbrook Avenue 7 (Belvedere), 11 (Egglemont), 24, 32, 34

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Cremorne Point Cremorne Point Lighthouse, Cremorne Reserve Cremorne Road 4, 14, 15, 17, 18-20, 26, 64, 66, 9, 27, 45, 47, 53 (Glen Isla), 55

(Malaya), 57, 83 Doohat Avenue 1 Doris Street 4, 8-14, 18, 1-1A, 15-19, 23-35 Dumbarton Street 11, 25 East Crescent Street 12, 1, 1A-1B, 23-25, 29, 35-37, 47-49 Edward Street 20 (Graythwaite formerly Euroka Villa including grounds and

outbuildings), 40 (Rockleigh Grange), 9, 11, 13, (Upton Grange/SCEGGS (Shore), 49-65

Elamang Street 10 (Vanduara), 5, 29, 47 Euroka Street 26-30, 34-44, 50,56-60, 25-33, 61-65, Railway Bridge Falcon Street Sewerage Vent, 182-188, 210-216, North Sydney Boys' High School

(original building only, 1913) Fitzroy Street 14, 16-18 (Kirribilli Neighbourhood Centre), (excludes 32A) 20-32, 34, 36, 38 (Morookra), 40 (Oakdene), 42-50 Florence Lane 1 Florence Street 7 French Street 2, 16, 20, 5-13, Lot 1 French St and Lot 2, Munro Street (Sawmiller's

Reserve) Gerard Street St. Peter's Anglican Church Gillies Street 20 (Astley Bank), 13 Green Street 3, 5, (The Laurels including summerhouse stone walls and grounds), 6 Guthrie Street 10 (Bundabulla), 7 Harriette Street 34, 3-5, 27 Harrison Street 4-14 Hayberry Street 14

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Hayes Street 2 (The Hastings) and the north cellar wall of Craignathan, 1-5A, 19-21 (former Neutral Bay Post Office) High Street 114A-116, 119, 123 (Rocklea), H.M.A.S. Platypus Hipwood Street 2-12, 11 (Newton), 17 Holbrook Avenue 11 (Sunnyside), 19-25 Holtermann Street 6-10 (Northside Mission Centre) Honda Road 1, 3 Jeffreys Street 18-32, 44-56 Kareela Road 15 (Lilienfels), 43, 47, 49, 53, 59, 63 (Coomera) King Street 25-27, 37, Wollstonecraft Wharf King George Street 1-9, 23A (Boat Sheds and Wharfage), M.B.W.S.S. Pumpstation Kirribilli Avenue 40-42, 126 (Kirribilli Private Hospital), 55 (Elismere), 59 (Studley

Royal), 107 (St Julian), 109 (Admiralty House, Lodge, Fortifications, Kirribilli House)

Kurraba Road 38, 72 (Lucellen), 130, 142-144, 146 (Hollowforth), 168 (Casa

Matrolla), 172, 174B, 176, 1-19, 23-33, 45-59, 65 (Wavertree), 67-71, 75, 77, 87, 95, 115A (Once Upon A Time)

Lamont Street 11 (Uniting Church Manse) Larkin Street 40 Lavender Street Christ Church Rectory, 19-21, Christ Church Anglican Church, 23,

41-45 Cnr Lavender Street Clark/Watt Park and Lavender Crescent Lodge Road 6 Lord Street 32-52 Lytton Street 1-3, 11 (Northcott Neurological Centre) Manns Avenue 2 (Elevera), 9-11 Margaret Street 8-12, 18-24, 1-7

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McDougall Street 17-27, 31-39 Mackenzie Street 9 (St. Francis Xavier Catholic Church), 11 (St. Francis Xavier's

School Hall), 12 (St. Francis Xavier's Presbytery) McLaren Street 12, 3 (Torwood), 9 (Grahwey), 11 (Kelvin), 21-23, 25 (Tara), 27

(Stormausten House), 29 (Fairhaven), 31-33 McManus Street 15-17 Middle Street 28-30, 48, 56-58 Military Road 116 (former Part Tram Depot (Big Bear) and Water Tower), 194-196,

228 (C.B.C. Bank), 272 (Redlands), 386 (Cremorne Orpheum Theatre), 219 (former Post Office)

Miller Street 10, 12 (St Peter's Presbyterian School House), 196 (former Montrose),

200 (Council Chambers), 105-153 (M.L.C. Centre), 155-167 (Tower Square), 199, (Rag & Famish Hotel), 243, 269 (Facade & Roofscape of Independent Theatre), Fountain (Civic Centre), Monte St. Angelo (House, Chapel, and West Wing), Suspension Bridge, Oval Bus Stop

Cnr Miller and Ridge St Mary's Roman Catholic Church Streets Mil Mil Street 1-5 Milner Crescent 54, 9, 29 (Morville) Milson's Point Sydney Harbour Bridge Arches Milson Road 14, 16, 18, 26 (Galada), 32, 48, 82, 84-90, 96, 136, 138, 1, 3, 7, 9, 13,

25, 35, 37, 59 (Blackwood), 61 (Mobarik), 63, 67 (Coolooba), 101 Mitchell Street 2, 10, 50, 1, 3, 7, 11, 13 Montague Street 8 Montpelier Street Horse Trough Mount Street Old G.P.O. Column, St. Joseph's Convent and School, 51 (part former

Bank of N.S.W.), 2A Munro Street Lot 2 and Lot 1 French Street (Sawmiller's Reserve), 10 Murdoch Street 58, 9, Cremorne Girls' High School Napier Street 6 (Don Bank), 1-7

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Neutral Street 4-10, 14-16, 18-20, 3-23, 31-59, 65-71 Nicholson Street 2 Northcliff Street 15-21 Olympic Drive Luna Park, Olympic Pool and ancillary structures, H.M.A.S. "Sydney"

Bow. Cnr Oxley and Electricity Power House Albany Streets Pacific Highway 92-94 (Post Office, Court House and Police Station group), 168-170,

172, 188, 306 (former Bank of N.S.W.), 308, 312-320, 324, 115, 330-340, 366-376, 265 (the Cloisters), 317 (former Masonic Temple), 429, 575-579 (former Marco Building), Crows Nest Boys' High School, Mater Misericordiae, North Sydney Girls' High School

Cnr Pacific Highway Gates and fence of former Crows Nest House and Bay Road (North Sydney Demonstration School) Cnr Pacific Highway Former O.J. Williams Store and Willoughby Road Parker Street 4, 1 Parkes Street 12 Peel Street 9-25, 27, 29, 33 (Carabella) Phillips Street 12-14 (Derry & Douglas)Pitt Street 38 (Bratton), 41-45, 46 (St

Aloysius College Chapel), 49 (Craiglea), 67, 69 (The Grange formerly Greenmount)

Plunkett Street 1 Primrose Park Folly Point Septic Tanks, former Sewerage Treatment Works (off

Young Street) Princess Street 4-40, 9-21 Prior Avenue 2, 3, 4, 5, 6 Priory Road 5 (The Priory) Queens Avenue 1-15 Railway Avenue Group comprising railway viaduct and railway stairs to Railway

Avenue and Lower Walker Street, Lavender Bay Ferry Wharf

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Rangers Road 19 (Neutral Bay House) Ridge Street 2 (Playfair House), 4-14, 11, 63, 71-75, 79-89, 93, (North Sydney

Community Hospital, former St Ives Hospital) Riley Street 8-14, 9, 11-21 River Road 8 Rocklands Road Mater Misericordiae Hospital Maternity Block (north-east corner of

Sinclair Street) Ross Street The following buildings or structures being part of the North Shore

Gas Co Ltd Oyster Cove Gasworks:

- The Bunker Building, c. 1916 (including engine and generator rooms)

- The Boiler House, c. 1914 - The Sulphate Plant, c. 1914 - The Chimney - The Carburetted Water Gas Plant, c. 1915 - The Exhauster House, c. 1914 - The Governor, Calorimeter Laboratory and Booster Compressor.

Shellcove Road 2, 4, 8, 36 (Roun), 42, 52, 60A, 66, 70-78, 84, 13, 27, 29 (Keynsham),

31A (Brent Knowle), 33 (Aisla), 37, 39 (Gundamaine), 49 (The Cobbles), 55 (Honda), 71, 73

Shirley Road 8, 22, 24, 26, 36, 40, 42, 46 (Ben Ledi), 62, 96, 122, 7, 9, 25, 99 (Fire

Station), Berry Island Reserve Cnr Shirley Road Uniting Church and Nicholson Street Cnr Shirley Road and Fire Station Sinclair Street Spofforth Street 10, 14 Spruson Street 16 St Leonards Park Nos. 1 and 2 Ovals (Grandstands), War Memorial Telopea Street 2, 1 (former Station Master's Cottage), 3, 11 The Boulevarde 5, 49 Thomas Street 4-6, 10-16, 20-22, 26-60, 15-19, 27-39 Thrupp Street 20

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Tunks Park Aqueduct Tunks Street 2 Undercliff Street 22 (Herman/Conjura/Wairoa) Union Street 4-42, 44 (Kailoa), 80-98, 35, 41, 47-53, 61, 63-71, 77-79, 81-97,

103-111, 113-119 Vale Street 2 Victoria Street 36, 62-68, 11, 43-45, 51-55 (Kilmorey Terrace) Waiwera Street 2-28, 15 Walker Street 2 (Berowra), 20-30, 86 (former Fire Station), 182 (Ralston House),

186 (Karakatta), 1-3, 9 (Mercedes), 11-11A, 15-37, 189, 207-209, Stone wall

Wallaringa Avenue 5 (Nutcote), 7, 9 Warung Street 6, 3, 5, 7, 9 Watson Street 7-9 Webb Street 8, 1-3, 5, 9 West Street 58-58A, 218, 220, 236, 250, (St. Thomas Rest Park - formerly

Cemetery including Gravestones, Sexton's Cottage and West Street fence) 205, 280

West Crescent Street 12 Whaling Road 20-48, 1-11, 15-17, 21-57 William Street 6-8 (Waiweer), Site of Holtermann's Tower (Grounds of Shore

School) Willoughby Road 1-3 (Crows Nest Hotel) Willoughby Street 58, 60, 62, 29-31, 33-39, 45, 47, 65 Cnr Willoughby Road Northside Baptist Church and Ernest Street Wilona Avenue 2-14, 1-13 Winslow Street 2, 6 (Fern Lodge), 8-22, 5-15 "Wollstonecraft" Wharf At the bottom of King Street, Waverton

- 89 -



Woolcott Avenue Rob's Cottage Woolcott Street Railway Bridge Wulworra Avenue 8, (part of "Montana") Wycombe Road 2-4, 28 (Wycombe Private Hotel), 56, 68-70 (Dartmouth), 120, 122,

124, 126-128, 130-132, 134, 144, 17, 19 (Wallaringa Mansions), 21, 23 (St Julian's), 23A, 27, 31, 49, 75, 89 (St Augustine's Anglican Church and Rectory formerly Isla), 89A (Curate's Lodge formerly Billard Room of Isla), 95 (Arlington), 143, 145, 149-151, 153

Yeo Street 28 (Fire Station), 49 (St. John's Presbyterian Church and Cottage)

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SCHEDULE 3 - CREMORNE POINT

(Cl1.5(1) & 12A) This schedule is to be used in conjunction with clauses 5(1) and 12A of this plan. The following buildings are not to be considered as "characteristic buildings". These buildings do not reflect the predominant building form in Cremorne Point in terms of height, set-back, lot size and subdivision pattern, orientation, footprint, bulk and landscaping. Cremorne Road 11, 41, 44, 64, 66, 67, 68, 72, 73, 98, 102 Hodgson Avenue 5 Kareela Road 2, 4-8, 12, 14-18, 25, 30, 45 Milson Road 3, 5, 8, 25, 27, 28-30, 39-41, 47-55, 48-50, 70, 96, 100, 112-114, 116,

118, 122, 135, 144

- 91 -



SCHEDULE 4 - CLASSIFICATION OR RECLASSIFICATION OF PUBLIC LAND AS OPERATIONAL LAND Part 1 Cremorne Benelong Road Rear of No. 10, being part of Lot 1, D.P. 184762 Milsons Point Alfred Street South Olympic Park Olympic Drive North Sydney Olympic Pool North Sydney Berry Street Lot 3, DP 552482 Part 2 North Cremorne Little Wonga Road So much of Little Wonga Road (being land adjacent to No. 1

Wonga Road, Nos. 1-13 Little Wonga Road and No. 16 Tobruk Avenue) as is shown edged heavy black on Sheet 2 of the map marked “North Sydney Local Environmental Plan 1989 (Amendment No.63) – North Sydney Local Environmental Plan 1989 (Amendment No.63).

North Sydney Part of St Leonards Park lot 1108 DP No 48839, being part of St Leonards Park (and known as

North Sydney Oval), North Sydney, comprising the Mollie Dive Grandstand, the Duncan Thompson Grandstand, the Bill O’Reilly Grandstand and the Macartney Grandstand, and their curtilages, as shown edged heavy black on Sheet 1 of the map marked North Sydney Local Environmental Plan (Amendment No.63) – North Sydney Local Environmental Plan 1989 (Amendment No.63).

- 92 -



SCHEDULE 5 – EXEMPT DEVELOPMENT

THE ERECTION OR CARRYING OUT OF ANY OF THE FOLLOWING

REQUIREMENTS

Any exempt development listed in

this column

Complies with the Adeemed-to-satisfy@ conditions of the Building

Code of Australia that are applicable to the relevant site

Meets all relevant Australian Standards

Does not contravene any valid consents that are applicable to the

relevant site.

Does not obstruct drainage of the site

Is at least 1 metre from any easement or public sewer main

Stormwater is connected to an existing system and not redirected onto

an adjoining property

Does not require a tree to be removed

Work does not reduce the structural integrity of the building

All equipment is installed according to manufacturer=s specifications

and by qualified tradespeople where relevant

Meets all Workcover requirements - particularly for work involving

hoarding, scaffolding, removal of lead paint and asbestos

Access ramps for the

disabled

Heritage

Size

Not a heritage item or on the street elevation in a

conservation area

Maximum height 1m (above natural ground level)

Maximum grade 1:14 and in compliance with AS

1428.1 - 1998 - Design for access and mobility -

General requirements for access - New building work.

- 93 -



THE ERECTION OR CARRYING OUT OF ANY OF THE FOLLOWING

REQUIREMENTS

FOR >ADVERTISING= SEE AFTER >WINDOWS=

Aerials / antennae /

microwave antennae

(not including satellite dishes -

dealt with as separate provision)

Heritage

Usage

Size

Not attached to a heritage item or adjacent to a heritage

item.

For domestic use only

Maximum of one per residential building

Maximum height 3m above roof ridge

Air conditioning / central

heating/heat pump units

for residential buildings

Heritage

Siting

Noise

Not attached to a heritage item or on the street

elevation in a conservation area

Attached to an external wall or ground mounted

Behind the building line

Minimum 1.5m from boundary

Noise level does not exceed 5dBA above ambient

background noise level measured at property boundary

Awnings, canopies, storm

blinds

Heritage

Usage

Siting

Size

Not attached to a heritage item or on the street

elevation in a conservation area

On residential buildings only

Located wholly within property boundaries

Maximum area 10m5

Barbecues

Foreshore

Siting

Size

Not within foreshore building line

Located in rear yard

Minimum 0.9m from property boundary

Maximum area 2m5

Maximum height 1.8m

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THE ERECTION OR

CARRYING OUT OF ANY OF

THE FOLLOWING

REQUIREMENTS

Bed and Breakfast

Accommodation

Usage

Amenity

Advertising

Dwelling

Type

Fire Safety

Approval

Involves the use of an existing lawful dwelling by its

permanent residents for the temporary accommodation

of visitors for commercial purposes.

No employees other than permanent residents of the

dwelling.

No display or sale of goods from the premises.

Does not require the registration of the premises under

the Factories, Shops and Industries Act 1962.

No interference with the amenity of the surrounding

residents or neighbourhood.

No display of advertisements on the premises (other

than a notice or sign exhibited on that dwelling to

indicate the name and occupation of the resident).

A maximum of 3 guest bedrooms.

A minimum of 2 bathrooms.

Has a smoke detection system that complies with:

AS 3786 - 1993 - Smoke Alarms, and

AS 3000 - 1991 - Electrical Installations for Buildings,

Structures and Premises (known as the SAA wiring

rules).

Has a fire extinguisher and fire blanket in the kitchen.

Approval has been obtained from the owners

corporation, or the community, precinct or

neighbourhood association, where a dwelling is subject

to the Strata Schemes Management Act 1996 or the

Community Land Management Act 1989.

Bird aviaries

Foreshore

Usage

Siting

Size


Used only for domestic purposes (but not for the

keeping of poultry)


Minimum 0.9m from boundary

Maximum area 10m5

Maximum height 1.8m

- 95 -



THE ERECTION OR


THE FOLLOWING

REQUIREMENTS

Cabanas, gazebos, green

houses

Foreshore

Usage

Siting

Size

Materials


Not used as a dwelling



Maximum area 10m5

Maximum height 1.8m

Non -reflective surface finishes

Clothes hoist/lines

Siting

Located in the rear yard

Not visible from street or public place

Decks

Heritage

Siting

Size

Structure

Materials

Not a heritage item

Behind the building line in a conservation area.

Side setbacks minimum 0.9m from property boundary

or match those for existing dwelling, whichever is less

Minimum 10m setback from any adjoining land in the

Bushland Zone

Maximum area 10m5

Finished level not greater than 0.5m above natural

ground level

Uncovered

Made of timber

- 96 -



THE ERECTION OR


THE FOLLOWING

REQUIREMENTS

Driveways and pathways

Heritage

Siting

Structure


conservation area

Not over public land

Does not require new gutter crossing

Not elevated or suspended above natural ground level

Replacement only

Fences (other than fences

required to be erected by the

Swimming Pools Acts 1992):

1.Boundary fences:

(a)Front and side (between

the building line and street or any

other public place)

(b)Side (between the

building line and the rear

boundary) and rear.

2.Masonry or brick fences

Heritage

Foreshore

Size

Materials

Size

Materials

Size

Structure

Not a heritage item or adjacent to a heritage item

Not in a conservation area


Maximum height 1m

Constructed of timber, metal or lightweight materials

Maximum height 1.8m

Constructed of timber, metal or lightweight materials

Maximum height 0.9m

Constructed in accordance with:

• AS 1170 Minimum design loads on structures (known as the SAA Loading Code) - Part 1 - 1989 Dead and live loads and load combinations,

- Part 2 - 1989 - Wind loads, - Part 4 - 1993 - Earthquake loads,

AS 3600 -1994 - Concrete structures

AS 3700 - 1998 - Masonry structures

- 97 -



THE ERECTION OR


THE FOLLOWING

REQUIREMENTS

Flagpoles

Heritage

Siting

Size

Structure

Not attached to a heritage item or adjacent to a heritage

item


Only 1 per property

Does not project beyond property boundaries

Maximum flag area 1m5

Maximum height 6m above ground level

Internal halliards

Structurally stable and securely anchored

Garden sheds

Foreshore

Usage

Siting

Size

Structure

Materials


Only 1 per property

Located in the rear yard

Maximum floor area 10m5

Maximum height 2.1m

Free standing and pre-fabricated


Non-reflective materials

Hoardings

(in conjunction with a structure

which is to be erected or

demolished)

Usage

Siting

Structure

Materials and

size

The vertical height above footpath level of the structure

being erected or demolished must be less than 4m.

The least horizontal distance between the common

boundary of the site and a footpath or public

thoroughfare, and the nearest part of the structure, is to

be greater than twice the height of the structure being

erected or demolished.

Not to encroach onto public footway or thoroughfare


A hoarding is to be constructed of solid materials to a

height not less than 2.4m above level of the footpath or

thoroughfare

In instances where the horizontal distance between

where the building is situated and the boundary is less

- 98 -



THE ERECTION OR


THE FOLLOWING

REQUIREMENTS

Signage

than twice the measurement of the height of the

building, other non-solid hoardings may be provided

subject to appropriate signage being provided and

provision being made to minimise dust from the site.

Appropriate signage is to be provided in accordance

with AS 1319 - 1994 - Safety signs for the occupational

environment.

Home occupations

Usage

Amenity

Advertising

No employees other than permanent residents of the

dwelling house

No display or sale of goods from the premises

Does not require the registration of the premises under

the Factories, Shops and Industries Act 1962

No interference with the amenity of the surrounding

residents or neighbours.

No display of advertisements on the premises (other

than a notice or sign exhibited on that dwelling to

indicate the name and occupation of the resident).

Letter box

Usage

Size

Structure

Numbering

Designed for use and used in conjunction with a single

residential premises

Maximum height of 1.2m above ground level

Free standing

Structurally stable with adequate footings

Approved numbering visible from street alignment

- 99 -



THE ERECTION OR


THE FOLLOWING

REQUIREMENTS

Minor internal alterations

1.Residential Premises

2.Commercial Premises

Heritage

Type

Type

Size

Work

Not an alteration of a heritage item with a significant

interior (as identified in Schedule 2 to North Sydney

Local Environmental Plan 1989).

Renovation of bathrooms, kitchens, inclusion of built-

in fixtures such as vanities, cupboards and wardrobes

Replacement:

doors;

wall, ceiling or floor linings; and

deteriorated frame members;

with materials of equal or improved specifications.

Does not involve changes to the internal layout of the

dwelling.

Does not reduce or increase area provided for light and

ventilation or enclose any open area

Does not involve the removal of decorative detailing.

Non-structural work such as shelving, displays,

benches, partitions

Floor area not to exceed 100m5

Complies with fire safety requirements of the Building

Code of Australia

Park and street furniture

(seats, bins, picnic tables, minor

shelters and the like, not

including bus shelters)

Heritage

Location

Siting

Structure

Not a heritage item


Located on land under control of Council.

Does not affect sight lines or restrict pedestrian

movement


- 100 -



THE ERECTION OR

CARRYING OUT OF ANY

OF THE FOLLOWING

REQUIREMENTS

Patio / paving

(for use incidental to the use of a

dwelling)

Heritage

Siting

Size

Drainage

Not a heritage item

Behind the building line in a conservation area.

At natural ground level

Maximum area 20m5

Measures taken to prevent the entry of water into the

dwelling

Pergola

Heritage

Type

Siting

Size

Structure


conservation area

Not roofed or enclosed


Maximum area 20m5

Maximum height 2.4m


Playground equipment, cubby

houses etc

1.If for residential use only

2.If for non-residential use

3.On community land

(as defined by the Local Government Act 1993)

Siting

Size

Structure

Type

Siting

Size

Structure

Type

Minimum 0.9m from side property boundary

Rear yard only

Maximum height 2.1m

Maximum area 10m5


Not for commercial use

Minimum 3m from side property boundary

Maximum height 2.1m


Replacing existing equipment only

- 101 -



THE ERECTION OR

CARRYING OUT OF ANY

OF THE FOLLOWING

REQUIREMENTS

Re-cladding of roofs or walls

Heritage

Type

Not carried out on a heritage item or adjacent to a

heritage item


Replacing existing materials with similar materials

which are compatible with the existing building and

finish

Does not involve structural alterations or change to the

external configuration of the building

Retaining walls

Foreshore

Usage

Size

Structure

Not within the foreshore building line

Retains soil at existing ground level only

Does not restrict or alter stormwater drainage

Does not increase height of finished ground level

Maximum height 0.6m

Masonry walls to comply with:

• AS 1170 Minimum design loads on structures (SAA Loading Code) - Part 1 - 1989 Dead and live loads and

load combinations, Amdt 1 Jan 1993 - Part 4 - 1993 - Earthquake loads, Amdt 1 Oct 1994.

• AS 3600 -1994 - Concrete structures • AS 3700 - 1998 - Masonry structures

Timber walls to comply with:

• AS 1170 Minimum design loads on

structures (SAA Loading Code) - Part 1 - 1989 Dead and live loads and load

combinations, Amdt 1 Jan 1993

- Part 4 - 1993 - Earthquake loads, Amdt 1 Oct 1994.

• AS 1720 Timber Structures (SAA Timber Structures Code)

Part 1 - 1997 Design Methods Amdt 1, July 1998

- 102 -



THE ERECTION OR

CARRYING OUT OF ANY

OF THE FOLLOWING

REQUIREMENTS

Scaffolding

Heritage

Siting

Structure

Not on or alongside a heritage item

Does not encroach onto footpath, public thoroughfare

or public park

Must enclose the work area

Must comply with

• AS/NZS 1576.1 - 1995 - Scaffolding - General requirements

• AS 1576.2 - 1991 - Scaffolding - Couplers and accessories

• AS/NZS 1576.3 - 1995 - Scaffolding - Prefabricated and tube-and-coupler scaffolding

• AS 1576.4 - 1991 - Scaffolding - Suspended scaffolding

• AS/NZS 1576.5 - Scaffolding - Prefabricated splitheads and trestles.

Solar water heater

(attached to a residential

building)

Heritage

Foreshore

Siting

Structure

Not attached to a heritage item

Not within the foreshore building line

Located on rear of property

Not visible from street, foreshores or reserves

Installation must be flush with a roof alignment

Skylight/rooflight/air vent

Heritage

Usage

Siting

Size

Not attached to a heritage item

Not on the front of a building in a conservation area

Not more than one installation per 25m5 of roof area


Minimum 0.9m from any common wall between

attached dwellings

Minimum 1.8m from any roof light in another building

on the allotment or a detached part of the same building

Maximum area of skylight not to exceed 20% of the

roof or part of the roof

- 103 -



THE ERECTION OR

CARRYING OUT OF ANY

OF THE FOLLOWING

REQUIREMENTS

Water heaters

(excluding solar systems,

which are dealt with

separately in this table)

Siting

At ground level

Behind building line

Water tanks

Usage

Siting

Size

Noise

Maximum of one per dwelling or residential building

At or above ground level

Located in the rear yard or positioned so as not to be

visible from a public place or cause impact upon a

neighbour=s amenity

Maximum installed height 1.8m above ground level

(including any stand)

Maximum stand height 0.45m

Maximum storage capacity of 2000 litres

Pumps and overflows will not cause noise nuisance to

neighbours

Replacement of windows,

glazed areas, external doors

Heritage

Size

Materials

Not involving a heritage item, adjacent to a heritage

item or on the street elevation in a conservation area

Does not reduce or increase light and ventilation

Replacement in residential premises with materials that

comply with:

• AS 1288 - 1994- Glass in buildings -

Selection and installation

• AS/NZS 2208 - 1996 - Safety glazing

materials in buildings (Human Impact

Consideration)

When carried out in a conservation area, replacement

windows and doors match existing original windows

and doors.

- 104 -



THE ERECTION OR

CARRYING OUT OF ANY

OF THE FOLLOWING

REQUIREMENTS

ADVERTISING

Business identification sign

(flush wall sign)

Illumination

Usage

Size

Content

Not illuminated

Maximum one per site (residential building)

Maximum two per site (non-residential use or building

for which consent granted)

Maximum 0.45m in length and 0.3m in height

Sign contains only:

(i) identification of the place or premises

(ii) identification of an occupation or activities

carried out at the place or premises

(iii) necessary directions or cautions relating to

the place or premises

(iv) statutory notifications required or permitted

to be displayed at the place or premises

Community notice sign

(a notice or display by a public

authority)

Content

Contains only a notice or display of public information

giving information or directions about services

provided by the authority

Fascia sign

(a sign on the fascia or return

end of an awning)

Illumination

Usage

Size

Non-illuminated

Maximum one per site

Does not project above or below the fascia or return

end of the awning

Is flush with the fascia

- 105 -



THE ERECTION OR

CARRYING OUT OF ANY

OF THE FOLLOWING

REQUIREMENTS

Real estate sign

Illumination

Size

Content

Duration

Not illuminated

No return exceeds 0.2m

Residential premises or premises containing serviced

apartments - does not exceed 2.5 m5 in total area

Commercial/industrial premises - does not exceed

4.5m5 in total area

Contains only a notice that the building or site to which

it is fixed is for sale or letting.

Is removed no later than 14 days after letting or sale of

the premises to which sign relates

Temporary sign

(a sign announcing a local event

- religious, educational, cultural,

political, social or recreational)

Illumination

Content

Duration

Not illuminated

Sponsors names or logos are less prominent than

message

Displayed no earlier than 28 days before an event

Removed within 14 days after the event

Top hamper sign

(a sign painted on or attached to

the transom of a doorway or

display window at the ground

floor level of a building)

Illumination

Usage

Size

Not illuminated

Maximum one per premises

Does not extend below the head of the doorway or

window to which it is attached

Does not extend more than 0.2m beyond any building

alignment

Under awning sign

(a sign which is attached to and

hangs below an awning)

Illumination

Usage

Siting

Size

Not illuminated

Maximum one per premises

Securely fixed to awning

Erected horizontal to the ground

Does not project beyond the awning

Not less than 2.6m from the ground or footpath

Maximum length of 2.5m

Maximum height of 0.5m

- 106 -



THE ERECTION OR

CARRYING OUT OF ANY

OF THE FOLLOWING

REQUIREMENTS

Window sign

(a sign displayed on a shop

window)

Illumination

Usage

Siting

Size

Not illuminated

Maximum one per shop front

Located on ground level facade

At least 50% of shop front window remains uncovered

BUSHFIRE HAZARD REDUCTION

Bushfire hazard reduction

Work

Work to be carried out consistently with a plan of

management under the Rural Fires Act 1997

CHANGE OF USE

Changed use from:

one shop to another shop

(excluding food shops)

Type

Duration

Previous use was a lawful use

Hours of operation do not extend beyond

8am to 6pm Monday - Friday,

8am - 5pm Saturday, 9am to 4pm Sunday

Changed use from:

a food shop to a non-food shop

Type

Duration


No extension to hours outside existing hours of

operation

Changed use from:

one office to another office

Type

Duration


No extension to hours outside existing hours of

operation

- 107 -



THE ERECTION OR

CARRYING OUT OF ANY

OF THE FOLLOWING

REQUIREMENTS

FIRE UPGRADING

Fire Upgrading

Heritage

Type

Work

Not in relation to a heritage item

Not in relation to a building in a conservation area

Does not involve structural alterations or changes to the

external configuration of the building.

Work to be carried out in compliance with the

requirements of an Order of the Council or as an

approved voluntary fire safety upgrade.

DEMOLITION OF BUILDING

Demolition

Heritage

Type

Works

$ Not of a heritage item

$ Not of a building in a conservation area unless the

building is identified by the Council as being intrusive to

the significance of the conservation area.

$ Not involving the complete demolition of a building.

$ Demolition of part of a building (other than a retaining

wall) the erection of which would be exempt

development for the purpose of this plan

$ May involve demolition associated with

decommissioning a building, but not involving any

change to the external fabric of the building;

$ May involve stripping of the internal, non-structural

elements only of a building for maintenance or repair

purposes

$ Provision is made for erosion and sediment control in

accordance with Council’s brochure “Erosion and

Sediment Control for Urban Redevelopment”.

- 108 -



THE ERECTION OR

CARRYING OUT OF ANY

OF THE FOLLOWING

REQUIREMENTS

RADIO TELECOMMUNICATIONS FACILITIES

Satellite dishes:

1.Residential Ground

Mounted

2.Residential Roof Mounted

3.Commercial Ground

Mounted

4.Commercial Roof Mounted

Heritage

Usage

Siting

Size

Usage

Siting

Size

Materials

Usage

Siting

Size

Usage

Siting

Size

$ Not involving a heritage item or adjacent to a heritage

item

$ Not in a conservation area

$ Maximum 1 per residential building

$ Located so as not to be visible from a public place

$ A minimum of 0.9m from a property boundary

$ Maximum height 1.8m

$ Maximum diameter 1m

$ Maximum 1 per residential building

$ Located on rear section of roof

$ Not visible from public place

$ Maximum diameter 0.6m

$ Colour and materials blend with the building

$ Maximum 1 installation per property

$ Situated a minimum of 0.9m from the boundary if the

adjoining property is residential

$ Maximum height of 1.8m

$ Maximum 1 installation per building

$ Located wholly with property boundaries

$ Maximum diameter 2m

- 109 -



THE ERECTION OR

CARRYING OUT OF ANY

OF THE FOLLOWING

REQUIREMENTS

Subscriber connection

(deployed by radio terminal,

antenna or dish)

Heritage Siting Size Materials


item $ Not in a conservation area $ Setback from wall roof parapet and placed central to the

roof $ Maximum diameter 1.2m $ Colour-matched to its background or in a colour agreed

in writing between the carrier and the Council

Panel antenna 1.Flush mounted to existing structure 2.Attached to existing structure

Heritage Siting Materials Siting Size Materials


item $ Not in a conservation area $ Setback from wall roof parapet and placed central to the

roof $ Colour-matched to its background or in a colour agreed

in writing between the carrier and the Council $ Setback from wall roof parapet and placed central to the

roof $ Maximum length 2.8m $ Does not protrude more than 3m from structure $ Colour-matched to its background or in a colour agreed

in writing between the carrier and the Council

UNDERGROUND TELECOMMUNICATIONS FACILITIES Pit

Heritage Size Works


item $ Not in a conservation area $ Maximum surface area 2m2

$ Sandstone curbing is reinstated to original state within

two weeks after completion of work $ No damage to trees

Manhole

Heritage Size


item $ Not in a conservation area $ Maximum surface area 2m2

- 110 -



THE ERECTION OR

CARRYING OUT OF ANY

OF THE FOLLOWING

REQUIREMENTS Underground equipment shelter or housing

Heritage

Size

Works

Not involving a heritage item or adjacent to a heritage

item


Maximum surface area 2m2

Sandstone curbing is reinstated to original state within

two weeks after completion of work

$ No damage to trees

Underground conduit or

cable:

1.Deployed by narrow trench

2.Deployed by drill hole

Heritage

Size

Works

Size

Works


item


$ Maximum length 150m

$ Maximum width 0.15m



$ No damage to trees

$ Maximum diameter 0.15m

$ Minimum 0.6m below the surface



$ No damage to trees Cable location marking post/sign

Heritage Siting


item $ Not in a conservation area $ Does not cause obstruction

- 111 -



THE ERECTION OR

CARRYING OUT OF ANY

OF THE FOLLOWING

REQUIREMENTS

PUBLIC PAY PHONES Public pay phone instrument

Heritage

Usage

Siting

$ Not involving a heritage item or adjacent to a

heritage item


$ Used solely for carriage & content services

$ Not designed, or fitted with devices or

facilities, for other uses (such as vending)

$ Not used to display advertising other than

advertising related to the supply of standard

telephone services

$ Does not interrupt streetscape vista/ views.

EMERGENCY TELECOMMUNICATIONS FACILITIES Temporary facility

Usage Duration Works

$ Installed in an emergency to provide assistance

to an emergency services organisation $ Is removed as soon as possible $ The area reinstated to its original state

CO-LOCATED TELECOMMUNICATIONS FACILITIES

Conduit or cabling

(co-located with an existing

facility)

Heritage

Type

$ Not involving a heritage item or adjacent to a

heritage item


$ Laid in an existing trench or in a trench created

by a developer, relevant local government

authority, public utility or carrier.

- 112 -



SCHEDULE 6 - COMPLYING DEVELOPMENT (CLAUSE 9B)

CATEGORY A DETACHED SINGLE STOREY DWELLINGS - not in Heritage Conservation Areas

Development Categories:

• construction of detached, single storey dwelling; or • alterations and single storey additions to a detached single storey dwelling; or • construction of carport, garage or outbuilding associated with a detached, single storey

dwelling; or • erection of fence around a detached single storey dwelling. Requirement:

All building work must comply with the “deemed-to-satisfy” provisions of the Building Code of Australia. Development must not contravene any valid consents that are applicable to the relevant site. DESIGN ELEMENT – STREETSCAPE Standards • All building work is set back behind the front building line. (The front building line is

defined as the line projected between the principal facades of the buildings on adjoining properties.)

• All building work is set back by an average of the setback of the dwellings on land either side of the subject property, from the side boundary of the property, but not by less than 0.9m.

Carports and garages which are visible from a public place: • face the public street or access way to which they provide access; and • complement the design of the associated dwelling by having the same or similar roof

form, materials, colours and detailing. The street elevation of dwellings have: • a front door or living room window facing the street; and • a maximum unarticulated length of no more than 6 metres elevation facing the public

street.

- 113 -



CATEGORY A (continued)

Alterations, additions and outbuildings visible from a public place: • face the public street or public access way from which they are visible; and • match the design of the main dwelling by having the same or similar roof form, materials,

colours and detailing. DESIGN ELEMENT - ENERGY EFFICIENCY Standards • Dwelling achieves a minimum 3.5 Star Rating when assessed in accordance with a

nationally accredited House Energy Rating Scheme (NatHERS) DESIGN ELEMENT - BULK AND SCALE Standards • Maximum roof pitch of 36 degrees for a roof visible from any public place. • Minimum roof pitch of 14 degrees for a roof not visible from any public place. • Roof openings for skylights not visible on the primary street elevation of the dwelling. • No increase in overshadowing to principal area of ground level private open space or

habitable rooms of any adjoining properties, between the hours of 9 am and 3 pm on 21 June.

• The external wall of any dwelling or addition is set back from the rear boundary a minimum of the average of the rear setbacks of the dwellings on land either side of the subject property, but not by less than 0.9m;

• The eaves and roof gutter of any structure are a minimum distance from the boundary of 0.675m.

DESIGN ELEMENT – PRIVACY Standards • Skylights are a minimum of 1.5m above the floor level. If a window will have a direct outlook to the windows of habitable rooms of an adjacent dwelling, the window in the proposed dwelling: • is offset from the edge of one window to the edge of the other by a distance of 0.5m to

limit views into the adjacent window, or • has sill heights of at least 1.5m above floor level, or • has fixed obscure glazing in any part of the window below 1.5m above floor level.

- 114 -



CATEGORY A (continued)

DESIGN ELEMENT - SITE ACCESS AND CIRCULATION Standards • No new gutter or footpath crossing is to be created. • The finished level of the driveway is within a maximum of 0.25m from existing ground

level. • Driveways are a minimum of 0.5m from the side boundary. • Driveways are a minimum of 0.5m clear of all drainage structures on the kerb and gutter

and do not interfere with the existing public utility infrastructure, including Council drainage structures, unless prior approval is obtained from the relevant authority.

• Driveways are a minimum distance of 6m from a road intersection. • Car parking is provided according to Council’s development control plan. • Open car parking spaces, access ways and driveways are surfaced with porous materials

or are graded to provide for on-site stormwater management. DESIGN ELEMENT - WATER AND SOIL MANAGEMENT Standards • The land surrounding any structure is graded and drained to divert surface water to the

street and clear of existing and proposed structures and adjoining premises (no pumpouts, charged lines or on-site disposal permitted).

• No construction over any registered easement without the approval of the body benefiting from the easement.

• No structure is constructed within 3m of a sewer or water main without the prior approval of the relevant service authority.

• The development must comply with an erosion and sediment control plan , which contains measures as to how erosion will be controlled and sediments trapped on building sites, in accordance with Council’s brochure “Erosion and Sediment Control for Urban Development”. The plan must accord with the guidelines for preparing an erosion and sediment control plan found in the Department of Land and Water Conservation=s brochure APreparing an Erosion and Sediment Control Plan@ available from Council.

• Minimum requirements in relation to the erosion and sediment control plan include: • Providing a single stabilised entry/exit point for site access • Diverting run off away from disturbed areas and stockpiles towards stablilised areas using

banks or channels • Sediment fences being installed downslope to treat site run-off • Gutter protection being used only as a precautionary measure if there is a risk of

untreated run-off entering the waterways. • Building material stockpiles being located and managed in accordance with the

guidelines. • As soon as the roof is complete temporary or permanent down pipes being installed for

roof water drainage. • Dust minimisation in accordance with the guidelines.

- 115 -



DESIGN ELEMENT - OPEN SPACE AND LANDSCAPING Standards • A minimum of 50% of the site is to be landscaped area, in accordance with this plan and

the related development control plan. • Meets the private open space soft landscaping requirements of that development control

plan. • Does not contravene the Council’s tree preservation order. • No structure to be constructed within the drip line of a tree.

- 116 -



CATEGORY B

DETACHED SINGLE STOREY DWELLINGS - in a Heritage Conservation Area

Development Categories:

• alterations and single storey additions behind the rear building line of a detached, single storey dwelling, not visible from a public place; or

• construction of car spaces (not involving carports or garages). Requirement:

All building work complies with the “deemed-to-satisfy” provisions of the Building Code of Australia. Development must not contravene any valid consents that are applicable to the relevant site. DESIGN ELEMENT – STREETSCAPE Standards • Car spaces are set back behind the existing front building line. DESIGN ELEMENT – HERITAGE Standards • No removal of trees, garden designs or plantings of heritage significance. DESIGN ELEMENT - ENERGY EFFICIENCY Standards • Dwelling achieves a minimum 3.5 Star Rating when assessed in accordance with a

nationally accredited House Energy Rating Scheme (NatHERS) DESIGN ELEMENT - BULK AND SCALE Standards • Minimum roof pitch of 14 degrees for a roof not visible from any public place. • Roof openings for skylights not visible on the primary street elevation of the dwelling. • No increase in overshadowing to principal area of ground level private open space or


• The external wall of any dwelling or addition is set back from the rear boundary a minimum of the average of the rear setbacks of the dwellings on land either side of the subject property, but not less than 0.9m.


- 117 -



CATEGORY B (continued)

DESIGN ELEMENT – PRIVACY Standards • Skylights are a minimum of 1.5m above the floor level. If a window will have a direct outlook to the windows of habitable rooms of an adjacent dwelling, the window in the proposed dwelling: • is offset from the edge of one window to the edge of the other by a distance of 0.5m to

limit views into the adjacent window, or • has sill heights of at least 1.5m above floor level, or • has fixed obscure glazing in any part of the window below 1.5m above floor level. DESIGN ELEMENT - SITE ACCESS AND CIRCULATION Standards • No new gutter or footpath crossings are to be created. • The finished level of the driveway is within a maximum of 0.25m from existing ground

level. • Driveways are a minimum of 0.5m from the side boundary. • Driveways are a minimum of 0.5m clear of all drainage structures on the kerb and gutter

and do not interfere with the existing public utility infrastructure, including Council drainage structures, unless prior approval is obtained from the relevant authority.

• Driveways are a minimum distance of 6m from a road intersection. • Car parking is provided according to Council’s development control plan. • Open car parking spaces, access ways and driveways are surfaced with porous materials

or are graded to provide for on-site stormwater infiltration.

- 118 -



CATEGORY B (continued)

DESIGN ELEMENT - WATER AND SOIL MANAGEMENT Standards • The land surrounding any structure is graded and drained to divert surface water to the

street and clear of existing and proposed structures and adjoining premises. • No construction over any registered easement without the approval of the body benefiting

from the easement. • No structure is constructed within 3m of a sewer or water main without the prior approval

of the relevant service authority. • The development must comply with an erosion and sediment control plan , which

contains measures as to how erosion will be controlled and sediments trapped on building sites, in accordance with Council’s brochure “Erosion and Sediment Control for Urban Development”. The plan must accord with the guidelines for preparing an erosion and sediment control plan found in the Department of Land and Water Conservation’s brochure “Preparing an Erosion and Sediment Control Plan” available from Council.

• Minimum requirements in relation to the erosion and sediment control plan include: • Providing a single stabilised entry/exit point for site access • Diverting run off away from disturbed areas and stockpiles towards stablilised

areas using banks or channels • Sediment fences being installed downslope to treat site run-off • Gutter protection being used only as a precautionary measure if there is a risk of


guidelines. • As soon as the roof is complete temporary or permanent down pipes being

installed for roof water drainage. • Dust minimisation in accordance with the guidelines.


the related development control plan. • Meets the private open space soft landscaping requirements of that development control

plan. • Does not contravene the Council’s Tree Preservation Order. • No structure to be constructed within the drip line of a tree.

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CATEGORY C

ATTACHED DWELLINGS AND APARTMENT BUILDINGS - not in Heritage Conservation Areas

Development Category:

• Minor alterations and additions to attached dwellings or apartment buildings; or • the construction of garages/carports; or • the erection of outbuildings associated with these residential buildings. Requirement:

All building work complies with the “deemed-to-satisfy” provisions of the Building Code of Australia. Development must not contravene any valid consents that are applicable to the relevant site. Relevant owners corporation approval has been given. DESIGN ELEMENT – STREETSCAPE Standards • All building work is set back behind the existing front building line. • The structure is set back at least an average of the setback of the dwellings on land either

side of the subject property, from the front boundary of the property. • All building work is set back by an average of the setback of the dwellings on land either

side of the subject property, from the side boundary of the property, but not by less than 0.9m.

Carports and garages which are visible from a public place: • face the public street or access way to which they provide access; and • are set back behind the front building line of the building; and • complement the design of the associated dwelling by having the same or similar roof

form, materials, colours and detailing; and • do not create any new gutter or footpath crossings Alterations, additions and outbuildings visible from a public place: • match the design of the main dwelling through roof form, materials, colours and

detailing.

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CATEGORY C (continued)

DESIGN ELEMENT - BULK AND SCALE Standards • Maximum roof pitch of 36 degrees for a roof visible from any public place. • Minimum roof pitch of 14 degrees for a roof not visible from any public place. • Roof openings for skylights not visible on the primary street elevation of the dwelling. • No increase in overshadowing to principal area of ground level private open space or


• The external wall of any dwelling or addition is set back from the rear boundary a minimum of the average of the rear setbacks of the dwellings on land either side of the subject property, but not by less than 0.9m;


• No increase in the number of dwellings. • No increase in the floor space within any dwelling. DESIGN ELEMENT – PRIVACY Standards • Skylights are a minimum of 1.5m above the floor level. If a window will have a direct outlook to the windows of habitable rooms of an adjacent dwelling, the window in the proposed structure : • is offset from the edge of one window to the edge of the other by a distance of 0.5m to

limit views into the adjacent window, or • has sill heights of at least 1.5m above floor level, or • has fixed obscure glazing in any part of the window below 1.5m above floor level.

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CATEGORY C (continued) DESIGN ELEMENT - WATER AND SOIL MANAGEMENT Standards • The land surrounding any structure is graded to divert surface water to the street and clear

of existing and proposed structures and adjoining premises. • No construction over any registered easement without the approval of the body benefiting

from the easement. • No structure is constructed within 3m of a sewer or water main without the prior approval

of the relevant service authority. • The development must comply with an erosion and sediment control plan which contains

measures as to how erosion will be controlled and sediments trapped on building sites, in accordance with Council’s brochure “Erosion and Sediment Control for Urban Development”. The plan must accord with the guidelines for preparing an erosion and sediment control plan found in the Department of Land and Water Conservation’s brochure “Preparing an Erosion and Sediment Control Plan” available from Council.

• Minimum requirements in relation to the erosion and sediment control plan include: • Providing a single stabilised entry/exit point for site access • Diverting run off away from disturbed areas and stockpiles towards stablilised

areas using banks or channels • Sediment fences being installed downslope to treat site run-off • Gutter protection being used only as a precautionary measure if there is a risk of


guidelines. • Temporary or permanent down pipes being installed for roof water drainage as

soon as the roof is complete. • Dust minimisation in accordance with the guidelines.


the related development control plan. • Private open space is provided in accordance with this plan and the related development

control plan. • Does not contravene the Council’s Tree Preservation Order. • No structure is to be located within the drip line of a tree.

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CATEGORY D

FITOUT WORKS TO COMMERCIAL PREMISES AND SHOPS - not in Heritage Conservation Areas


• Minor alterations and internal fitout work to existing commercial premises or shops that

do not change the building classification of the premises under the Building Code of Australia.

Requirement:

All building work complies with the “deemed-to-satisfy” provisions of the Building Code of Australia. All building work complies with the disability discrimination legislation. Development must not contravene any valid consents that are applicable to the relevant site. DESIGN ELEMENT – STREETSCAPE Standards • All proposed works are within the existing approved envelope of the building. • Any new entrance faces directly to the public street or pedestrian way on the property

boundary of the building. • The new use of the building or shop requires no increase in the provision of car spaces to

comply with the Council’s development control plan. DESIGN ELEMENT - FLOOR SPACE Standards: • There is no increase in the gross floor area • There is no decrease in the gross floor area used for pedestrian access paths or access to

fire exits and the work complies with the requirements of the Building Code of Australia. • Complies with this plan with respect to floor space ratios for commercial/non-residential

uses.

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CATEGORY E

FITOUT TO ALTER A SHOP TO A FOOD SHOP - not in Heritage Conservation Areas


• Minor alterations and internal fitout work to alter a shop to a food shop that does not

change the building classification of the premises under the Building Code of Australia. Requirement:

All building work complies with the “deemed-to-satisfy” provisions of the Building Code of Australia. All building work complies with the disability discrimination legislation. Development must not contravene any valid consents that are applicable to the relevant site. DESIGN ELEMENT - STREETSCAPE Standards • All proposed work is within the existing approved envelope of the shop. • Any new entrance faces directly to the public street or pedestrian way on the property

boundary of the building. • The new use of the building or shop requires no increase in the provision of car spaces to

comply with the Council’s development control plan. DESIGN ELEMENT - FLOOR SPACE Standards • There is no increase in the gross floor area • There is no decrease in the gross floor area used for pedestrian access paths or access to

fire exits and the work complies with the requirements of the Building Code of Australia. • Complies with this plan with respect to floor space ratios for commercial/non-residential

uses.

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CATEGORY E (continued)

DESIGN ELEMENT - COMPLIANCE WITH NORTH SYDNEY COUNCIL FOOD

PREMISES CODE

Standard: • All aspects of the food handling areas and internal shop layout shall comply with the

North Sydney Food Premises Code adopted by the Council and any relevant Australian Standards.

Definition:

A food shop for the purposes of this Table is any retail outlet where food for consumption is sold, but it is not consumed on the premises. It does not include any form of refreshment room such as a café, milk bar, or restaurant.

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CATEGORY F

LAND SUBDIVISION - not in Heritage Conservation Areas


Subdivision for the purpose of: • correcting an encroachment on a lot • boundary adjustments that do not create a different number of allotments. Requirement:

All buildings and works on the land comply with the “deemed-to-satisfy” provisions of the Building Code of Australia. Development must not contravene any valid consents that are applicable to the relevant site. DESIGN ELEMENT - STREET FRONTAGE Standards • The requirements of the relevant site-related controls are met, in accordance with this

plan and the related development control plan. • Must maintain existing, or comply with the requirements for new, lot frontage and access

from a public road in accordance with this plan and the related development control plan. • A minimum of 50% of the site of a building is to be landscaped area, in accordance with

this plan and the related development control plan. • Meets the private open space soft landscaping requirements of that development control

plan. • No structure on the land is constructed within the drip line of a tree.

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CATEGORY G

TEMPORARY BUILDINGS - not in Heritage Conservation Areas


Erection of builders sheds or portable toilet facilities, if the sheds or facilities: • are declared in the application for a complying development certificate to be temporary

only(that is to be required for a period not exceeding one year), and • are not designed for residential purposes, and • are not designed for the storage or handling of inflammable materials. Requirement:

All buildings and works on the land comply with the “deemed-to-satisfy” provisions of the Building Code of Australia. Development must not contravene any valid consents that are applicable to the relevant site. DESIGN ELEMENT - BULK AND SCALE Standards • Maximum height of the building is one storey. • Building is set back from every boundary of the lot by a minimum of 3 metres.

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SCHEDULE 7 - COMPLYING DEVELOPMENT CERTIFICATE STANDARD CONDITIONS

(CLAUSE 9B(2)) Conditions that apply before work begins 1. Two days before any site works, building or demolition begins, the person having the

benefit o of the complying development certificate must notify adjoining owners that work will commence.

2. Before any site works, building or demolition is started, the person having the benefit of

the complying development certificate must: • notify council of the name, address, phone number and licence number of the

builder • erect a sign at the front of the property with the builder=s name, licence number,

site address, consent number and contact telephone number • provide a temporary on-site toilet, or access to an existing toilet on site • protect and support any neighbouring buildings that might be affected by the

proposed development. • protect any public place from obstruction or inconvenience caused by the carrying

out of the proposed development. • set up barriers sufficient to prevent any substance from the site falling onto a

public place. APPROVED PLANS Plans on Site 3. A copy of all approved certified plans, specifications and documents incorporating

conditions of certification shall be kept on site at all times so as to be readily available for perusal by any officer of Council or the Principal Certifying Authority.

BCA 4. All building work must be carried out in accordance with the provisions of the Building

Code of Australia.

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Home Building Act 5. (1) Building work that involves residential building work (within the meaning of the

Home Building Act 1989) must not be carried out unless the Principal Certifying Authority:

(a) in the case of work to be done by a licensee under that Act:

(i) has been informed in writing of the licensee=s name and contractor

licence number, and (ii) is satisfied that the licensee has complied with the requirements of

Part 6 of that Act, or

(b) in the case of work to be done by any other person:

(i) has been informed in writing of the person’s name and owner-builder permit number, or

(ii) has been given a declaration, signed by the owner of the land, that states that the reasonable market cost of the labour and materials involved in the work is less than the amount prescribed for the purposes of the definition of owner-builder work in section 29 of that Act, and is given appropriate information and declarations under paragraphs (a) and (b) whenever arrangements for the doing of the work are changed in such a manner as to render out of date any information or declaration previously given under either of those paragraphs.

(2) A certificate purporting to be issued by an approved insurer under Part 6 of the

Home Building Act 1989 that states that a person is the holder of an insurance policy issued for the purposes of that Part is, for the purposes of this clause, sufficient evidence that the person has complied with the requirements of that Part.

Excavation/Demolition 6. (1) All excavations and backfilling associated with the erection or demolition of a

building must be executed in accordance with appropriate professional standards including those relating to safety.

(2) All excavations associated with the erection or demolition of a building must be

properly guarded and protected to prevent them from being dangerous to life or property.

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Retaining Walls & Drainage 7. If the soil conditions require it:

(a) retaining walls associated with the erection or demolition of a building or other approved methods of preventing movement of the soil must be provided, and

(b) adequate provision must be made for drainage.

Support for Neighbouring Buildings 8. (1) If an excavation associated with the erection or demolition of a building extends

below the level of the base of the footings of a building on an adjoining allotment of land, the person causing the excavation to be made:-

(a) must preserve and protect the building from damage, and

(b) if necessary, must underpin and support the building in an approved

manner, and

(c) must, at least 7 days before excavating below the level of the base of the footings of a building on an adjoining allotment of land, give notice of intention to do so to the owner of the adjoining allotment of land and furnish particulars of the excavation to the owner of the building being erected or demolished.

(2) In this clause, allotment of land includes a public road and any other public place.

Protection of Public Places 9. (1) If the work involved in the erection or demolition of a building:-

(a) is likely to cause pedestrian or vehicular traffic in a public place to be obstructed or rendered inconvenient; or

(b) involves the enclosure of a public place,

a hoarding or fence must be erected between the work site and the public place.

(2) If necessary, an awning is to be erected, sufficient to prevent any substance from,

or in connection with, the work falling into the public place.

(3) The work site must be kept lit between sunset and sunrise if it is likely to be hazardous to persons in the public place.

(4) Any such hoarding, fence or awning is to be removed when the work has been

completed. Site Sign 10. (1) A sign must be erected in a prominent position on any work site on which work

involved in the erection or demolition of a building is being carried out:

(a) stating that unauthorised entry to the work site is prohibited, and

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(b) showing the name of the owner of the premises and of the person in charge of the work site, and a telephone number at which that person may be contacted outside working hours.

(2) Any such sign is to be removed when the work has been completed.

(3) This clause does not apply to:

(a) building work carried out inside an existing building, or

(b) building work carried out on premises that are to be occupied continuously

(both during and outside working hours) while the work is being carried out.

Toilets 11. (1) Toilet facilities are to be provided, at or in the vicinity of the work site on which

work involved in the erection or demolition of a building is being carried out, at the rate of one toilet for every 20 persons or part of 20 persons employed at the site.

(2) Each toilet provided:

(a) must be a standard flushing toilet, and

(b) must be connected:

(i) to a public sewer; or (ii) if connection to a public sewer is not practicable, to an accredited

sewage management facility approved by the Council, or (iii) if connection to a public sewer or an accredited sewage

management facility is not practicable, to some other sewage management facility approved by the Council.

(3) The provision of toilet facilities in accordance with this clause must be completed

before any other work is commenced.

(4) In this clause:

accredited sewage management facility means a sewage management facility to which Division 1 of Part 4 of the Local Government (Approvals) Regulation 1999 applies, being a sewage management facility that is installed or constructed to a design or plan the subject of a certificate of accreditation referred to in clause 43 of the Regulation.

approved by the Council , in relation to a sewage management facility, means a sewage management facility the subject of an approval in force under Division 2 of Part 3 of the Local Government (Approvals) Regulation 1999.

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public sewer has the same meaning as it has in section 25 of the Local Government (Approvals) Regulation 1999.

sewage management facility has the same meaning as it has in the Local Government (Approvals) Regulation 1999.

Fire Safety (change of use). 12. A building in respect of which there is a change of building use must comply with the

Category 1 Fire Safety Provisions applicable to the proposed use. Site management 13. Where the proposed development may result in water run-off or affect stormwater run-

off, the person having the benefit of the complying development certificate must install run-off and erosion controls to prevent soil erosion, water pollution or the discharge of loose sediment on surrounding land, by taking the following measures: • diverting uncontaminated run-off around cleared or disturbed areas • erecting a silt fence to prevent debris escaping into drainage systems or waterways • preventing tracking of sediment by vehicles onto roads • stockpiling topsoil, excavated material, construction and landscaping supplies and

debris within the site. 14. Removal or disturbance of vegetation and top soil must be confined to within 3 metres of

the approved building area. Drainage 15. Where the proposed development may affect drainage of the site the land surrounding any

structure must be graded to divert surface water to the street and clear of existing and proposed structures and adjoining premises.

16. Where the proposed development may affect drainage of the site and the water falls to the

rear of the property, it must be collected and drained via a gravity system (and not by pump outs, charge lines, or on-site disposal) to a council storm water line or must be disposed of in a manner consistent with council=s Soil and Water Management Policy.

INSPECTIONS Progress Inspections 17. Council or the Principal Certifying Authority, unless otherwise agreed in writing, SHALL

BE given 48 hours notice: (a) for inspection of the following, where applicable:

(i) Foundations before footings are laid. (ii) Reinforcement prior to encasement in concrete. (iii) Damp-proofing and flashing prior to covering. (iv) Structural steelwork prior to covering. (v) Timber framing prior to lining. (vi) Stormwater and drainage prior to backfilling, and

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(b) on completion of any building works, and (c) if required by any special conditions relevant to application.

Progress Survey - Minor Development 18. In order to ensure compliance with approved plans, a Survey Certificate, to Australian

Height Datum, SHALL BE prepared by a Registered Surveyor as follows:

(i) at the completion of the first structural floor level indicating the level of that floor and the relationship of the building to the boundaries;

(ii) at the completed height of the building, prior to the placement of concrete inform work, or the laying of roofing materials; (iii) at completion, indicating the relationship of the building, and any

projections thereto, to the boundaries.

Progress certifications in response to points (i) through (iii) shall be provided to the Council or the Principal Certifying Authority at the time of carrying out relevant progress inspections.

Mail Boxes 19. Mail boxes shall be provided in accordance with Australia Post Guidelines. In general, a

clearly marked mailbox (or group of mailboxes) shall be provided within 500 mm of the footpath alignment for premises at ground level, or adjacent to the main entrance to the development, where applicable.

Sydney Water (Certificate) 20. The person having the benefit of the complying development certificate shall submit to

Council or the Principal Certifying Authority a certificate from Sydney Water under Section 73 of the Water Board (Corporatisation) Act 1994 demonstrating that the Authority’s requirements, if any, in relation to the development have been met, prior to the release of the stamped building plans.

Street Numbering 21. Prior to completion of the development, a street number shall be obtained, in accordance

with the Local Government Act 1993, from the Council, where applicable. Hours of works 22. Demolition, earthworks, building construction and landscaping works SHALL BE

RESTRICTED to within the hours of 7.00am to 5.00pm Monday to Friday and on Saturday to within the hours of 8.00am to 1.00pm inclusive, with NO WORK on Sundays and Public Holidays.

Excavation works SHALL BE RESTRICTED to within the hours of 8.00am to 5.00pm Monday to Friday ONLY. (Excavation work includes the operation of any excavation machinery and the use of jack hammers, rock breakers, excavators and the like, regardless of whether the activities disturb or alter the natural state of the existing ground stratum or involve breaking up/removing materials from the site).

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The builder and excavator shall display on-site their contact telephone number which is to be clearly visible and legible from any public place adjoining the site.

Site Access 23. Where kerb and gutter is provided, driveways are to be a minimum of 500mm clear of all

drainage structures on the kerb and gutter and are not to interfere with the existing public utility infrastructure, including council drainage structures, unless prior approval is obtained from the relevant authority.

24. Where kerb and gutter is not provided a gravel vehicular entrance incorporating a 375

diameter stormwater pipe and concrete head walls or a 6 metre by 6 metre concrete slab dish drain shall be constructed to provide access to the lot.

25. Driveways are to be a minimum of 6 metres from a road intersection. 26. Driveways are to be constructed in accordance with Australia Standard AS 2890.1 - 1993

- Parking Facilities - Off-street car parking, with appropriate transition zones. GENERAL AMENITY ISSUES Service Ducts 27. Service ducts shall be provided to keep external walls free of plumbing or any other

utility installations. TV Aerial 28. Only one common television aerial shall be installed. Brickwork to Match 29. Any proposed new brickwork shall match the existing brickwork. Reflectivity Index Of Finishes 30. The reflectivity index of external finishes, including painted surfaces, walls or roof

treatment of the proposed development is to be no greater than 20%. No Removal of Trees 31. No trees on public property (footpaths, roads, reserves, etc.), shall be removed or

damaged during construction including the erection of any fences, hoardings or other temporary works.

Protection of Trees During Works 32. All trees which are to be retained shall be maintained and protected during any

demolition, excavation and construction on the site. The protection method shall be provided to the Principal Certifying Authority by an appropriately qualified person prior to commencement of works.

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CONSTRUCTION ISSUES Prohibition on Use of Pavements 33. Building materials SHALL NOT be placed on Council's footpaths, road ways, parks or

grass verges and a suitable sign to this effect SHALL BE erected adjacent to the street alignment.

Mobile Plant 34. Where on-street use of mobile plant is approved, such approval will be subject to issue of

a permit under S68 of the Local Government Act 1993 on each occasion from Council's Customer Services Unit. Such permit must be obtained and the fee paid at least 2 clear working days in advance of each relevant date.

Hazardous Materials 35. Unless tested by a person with suitable experience and expertise and shown to be

otherwise, buildings constructed before 1970 are assumed to:

• have accumulated hazardous amounts of fine lead dust in ceiling and wall cavities; and

• contain components and surfaces coated with lead paint.

Appropriate measures to minimise hazards and contamination from lead are to be implemented.

Equipment Noise 36. Approved silencing mechanisms SHALL BE provided and maintained in respect of all

power-operated plant used in demolition, excavation, earthworks and erection of the building.

Dust Emission 37. Suitable screens and/or barricades SHALL BE erected during any demolition, excavation

and building works, where required to reduce the emission of dust, water effluent or other matter from the site. (Screening is to consist of a minimum 2 metres height of shade cloth or similar material secured to a chain wire fence or the like).

Disposal Schedule 38. A disposal schedule for waste materials arising from any demolition and excavation shall

be submitted to the Council prior to the commencement of work, identifying:

• those materials to be recycled; • those materials to be reused; • those materials to be disposed of.

A maximum amount of materials shall be recycled or reused.

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Disposal information 39. Upon completion of works and prior to occupation, the person with the benefit of the

certificate shall provide to Council the following information;

a) the total tonnage of all waste and excavated material disposed of from the site, and

b) the disposal points and methods used.

Such information shall be categorised in accordance with the forgoing and is required for waste research purposes.

Prohibition on Burning 40. Materials or rubbish resulting from any land clearing, demolition and building works,

SHALL NOT be burnt on the site. Erosion Signage 41. A durable sign, which is available from the Council, shall be erected during building works

in a prominent location on site warning of penalties should appropriate erosion and sedimentation control devices not be maintained.

Asbestos Conditions 42. Prior to the commencement of works, a survey of the existing building fabric shall be

undertaken identifying the presence or otherwise of asbestos contamination. Any works subsequently required to address asbestos contamination shall be undertaken in strict accordance with the requirements of the Workcover Authority in relation to the removal, handling and disposal of material containing asbestos and the Work Safe Australia Asbestos Code of Practice.

ENVIRONMENTAL HEALTH ISSUES Termites 43. The structural members of the building which are subject to attack by subterranean

termites shall be protected in accordance with AS 3660.1 - 1995 - Protection of buildings from subterranean termites - New buildings. A durable notice must be permanently fixed to the building in a prominent location, such as a meter box or the like, indicating the following:-

a) method of protection; and

b) the date of installation of the system; and

c) where a chemical barrier is used, its life expectancy as listed on the National

Registration Authority label; and

d) the need to maintain and inspect the system on a regular basis.

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Chimney Stack 44. The height of any chimney shall be a minimum 1 metre above the height of any structure

(including the applicant's dwelling), or topographical feature within a 15 metres radius of the chimney stack. Exhaust gasses shall be discharged vertically and the proposed stack shall be protected by a concentric extended shrouded rain excluder in accordance with the Environment Protection Authority Guidelines. It shall terminate in such a position that it is not a risk of fire to nearby combustibles and does not permit the penetration of flue gasses through nearby windows or other openings.

Noise Impact of Plant 45. All sound producing plant, equipment, machinery or fittings associated with or forming

part of any mechanical ventilation system or the refrigeration system involved in the proposed development, shall be sound insulated and/or isolated so that the noise emitted does not exceed 5 dB(A) above the background level, in any octave band from 63.0 HZ centre frequencies inclusive, at any time the plant is in operation, at the boundary of the site.

Note: The method of measurement of sound shall be carried out in accordance with

Australian Standard 1055.1 - 1997 - Acoustics - Description and measurement of environmental noise - General procedures.

A report prepared by an appropriately qualified or accredited person shall be submitted to the Principal Certifying authority demonstrating compliance with this condition prior to the occupation of the completed works.

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SCHEDULE 8 - TELECOMMUNICATIONS FACILITIES Schedule 8 Low-impact telecommunications facilities, zones and classifications (Clause 34B)

Part 1 Radio facilities Column 1 Telecommunications facility

Column 2 Zones in which facility is permissible

Column 3 Classification

Subscriber connection deployed by radio terminal, antenna or dish: (a) not more than 1.2 metres in diameter; and (b) either:

(i) colour-matched to its background; or (ii) in a colour agreed in writing between

the carrier and the Council

2(a) 2(b) 2(c) 2(d) 2(e) 2(f) 2(g) Residential 3(a) Commercial 4(a) Waterfront Industrial 4(b) Light Industrial 5(c) Roads

2

Panel antenna: (a) flush mounted to an existing structure; and (b) either:




2

Panel Antenna Array of omnidirectional antennas: (a) not more than 4.5 metres long; and (b) not more than 5 metres apart; and (c) if the array is attached to a structure -

protruding from the structure by not more than 2 metres

4(a) Waterfront Industrial 4(b) Light Industrial

2

Radio communications dish: (a) not more than 1.2 metres in diameter; and (b) either:




2

Microcell installation with: (a) a cabinet not more than 1 cubic metre in

volume; and (b) a separate antenna not more than 1 metre

long


2

In-building coverage installation: (a) to improve cellular coverage to mobile

phone users operating inside a building; and (b) wholly contained and concealed in a

building


1

Equipment installed inside a structure, including an antenna concealed in an existing structure

3(a) Commercial 4(a) Waterfront Industrial 4(b) Light Industrial

1

An extension to a tower if: (a) the height of the extension does not exceed

5 metres; and (b) there have been no previous extensions to

the tower


2

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Part 2 - Underground housing

Column 1 Telecommunications facility



Pit with surface area of not more than 2m2


2

Manhole with surface area of not more than 2m2


2

Underground equipment shelter or housing with surface area of not more than 2m2


2

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Part 3 - Above ground housing




Pillar: (a) not more than 2 metres high; and (b) with a base area of not more than 2m2


2

Roadside cabinet: (a) not more than 2 metres high; and (b) with a base area of not more than 2m2


2

Pedestal: (a) not more than 2 metres high; and (b) with a base area of not more than 2m2


2

External equipment shelter: (a) not more than 2.5 metres high and (b) with a base area of not more than 5m2; and (c) either:




2

External equipment shelter: (a) used solely to house equipment used to

assist in providing a service by means of a facility mentioned in Part 1; and

(b) not more than 3 metres high; and (c) with a base area of not more than 7.5m2; and (d) either:



2(a) 2(b) 2(c) 2(d) Residential 3(a) Commercial 4(a) Waterfront Industrial 4(b) Light Industrial 5(c) Roads

2

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Part 4 - Underground cable facilities




Underground conduit or cable: (a) deployed by narrow trench; and (b) not more than 150 metres long; and (c) not more than 150mm wide


1

Underground conduit or cable: (a) deployed by narrow trench or direct burial

(for example, by mole plough); and (b) not more than 300mm wide


1

Underground conduit or cable: (a) deployed by bore or directional drill hole;

and (b) not more than 150mm in diameter; and (c) at least 600mm below the surface


1

Cable location marking post or sign


1

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Part 5 - Public payphones




Public payphone cabinet or booth: (a) used solely for carriage and content

services; and (b) not designed for other uses (for example, as

a vending machine); and (c) not fitted with devices or facilities for other

uses; and (d) not used to display commercial advertising

other than advertising related to the supply of standard telephone services


2

Public payphone instrument: (a) used solely for carriage and content

services; and (b) not designed for other uses (for example, as

a vending machine); and (c) not fitted with devices or facilities for other

uses; and (d) not used to display commercial advertising

other than advertising related to the supply of standard telephone services

2(a) 2(b) 2(c) 2(d) 2(e) 2(f) 2(g) Residential 3(a) Commercial 4(a) Waterfront Industrial 4(b) Light Industrial

2

Part 6 - Emergency facilities




A temporary facility installed: (a) in an emergency; and (b) to provide assistance to an emergency

services organisation


1

Part 7 - Co-located facilities




Facility mentioned in: (a) Part 1, 2, 3, 5 or 6; or (b) Cable location marking post or sign,

installed by co-locating it with an existing facility


1

Conduit or cabling to be laid in: (a) an existing trench; or (b) a trench created by a developer, the Council,

public utility or carrier


1

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SUMMARY OF AMENDMENTS TO LEP 1989 AMEND DATE OF ALTERED OR N UMBER GAZETTAL INSERTED CLAUSES 1 22/12/89 Various amendments relating to development standards and land use

Cl.4(2)(a) - reinstatement of the North Sydney Planning Scheme

Ordinance - applying to land to which the North

Sydney Local Environmental Plan 1989 does not

apply

[see Schedule 1 - 1(a)]

Cl.5 - definition of attached dwellings

Cl.9 - wording omit serviced apartments

Cl.12(1) - No. of storeys

Cl.13A - landscaped area

Cl.14A - residential flat buildings

2 6/7/90 Cnr. Mackenzie & Walker Street, North Sydney

Cl.58 - Permits Car parking

3 26/4/91 IDO 59

Cl.1(b) - Repeals Interim Development Order No.59

Schedule 1

4 26/10/90 34 Waters Road, Neutral Bay

Cl.5(1) - Definition of "the map". Zones land Residential 2(c):

map change

5 30/11/90 Independent Theatre, North Sydney

Cl.59 - 267-283 Miller Street, allows additional uses

Cl.5(1) - Definition of "Building Height Plane"

Sunset Clause: 30/11/92

6 22/3/91 269 Miller Street, North Sydney

Cl.60 - Permits backstage of Independent Theatre

7 12/4/91 19 Lavender Street, McMahons Point

Cl.5(1) Zones area Residential 2(c): map change

- 143 -



8 28/3/91 Land in the vicinity of Ben Boyd Road, Cheal Lane and Yeo and Barry Streets,

Neutral Bay

Cl.3(1) - Omits the words "Neutral Bay"

Cl.5(1) - Zones area Residential 2(c): map change

Schedule 1:

C1.1 - Wording

C1.1(a) - Wording

C1.1(c) - Repeals Local Environmental Plan No. 11

- Repeals Local Environmental Plan No. 55

- Amends North Sydney Planning Scheme Ordinance

9 31/1/92 Part of McMahons Point

Cl.3(1) - Omits the words "McMahons Point"

Cl.5(1) - Zones land Residential/Light Industrial 2(f): map

change

Cl.8/9) - Inserts 2(f) zoning provisions

Cl.11 - Amends Table-minimum allotment size

Cl.12/13 - Inserts 2(f) zoning

Cl.13A - Amends Table-landscaping provisions

Cl.17 - FSR and amenity provisions

Schedule 1 C1.1(b) - Repeals 1DO40

10 28/3/91 Former Mater Hospital Site - 194 Pacific Highway, Crows Nest

Cl.5(1) - Zones land Commercial 3(a): map change

Cl.18(1) - Exempting subject site from clause

Cl.19(1) - Exempting subject site from clause

Cl.61 - Special provisions clause including definitions, floor

space and height

11 11/10/91 243 - 265 Miller Street, North Sydney

Cl.5(1) - Zones area Residential/Neighbourhood Shops 2(d):

map change

Cl.62 - Special provisions, Storeys, BHP, FSR

12 25/3/91 Former Mater Hospital Site (area not included in Amendment 10)

Cl 5(1) - Zones areas Commercial 3(a), Public Recreation 6(a)

18(1) - New subclause (1) refers to clause 61

61 - New clause 61 provides FSR and height controls for

portion of Mater Hospital. Provides for medical centre.

- 144 -



13 16/4/92 Milsons Point

Cl.3(1) - Removes Milsons Point from clause

Cl.5(1) - Zones area Commercial 3(a): map change

Cl.18 - Adds Area 17: FSR=s

Cl.19 - Height control

Cl.19A - Storeys - special provisions

- Repeals LEP No 4

14 11/12/92 Zoning of Cremorne Point

Cl.3(1) - Removes Cremorne Point from clause

Cl.5(1) - Inserts new definitions - "Characteristic building",

"wall height". Zones majority of area Residential

2(g): map change

Cl.8/9 - Insert zone 2(g) and use table

Cl.11 - Amends table: minimum allotment size

Cl.12(1) - Inserts 2(g) 2 storey limit

Cl.12A - Special provisions: storeys

Cl.13A - Amends table: landscaped area

Schedule 2 Adds Cremorne Reserve

Schedule 3 Non-characteristic buildings

15 4/10/91 6 Warung Street, McMahons Point

Cl.64 - Permits a residential flat building

16 26/4/91 Zone 2(d) Residential/Neighbourhood Shops

Cl. 9 - Additional use in 2(d) zone - "owner operated travel

agency"

17 8/7/94 58-68 Milray Avenue, Wollstonecraft

Cl.5(1) - Zones land part Open Space 6(a) and part Residential

2(c): map change

Cl.67 - Special provisions: development below cliff line

18 11/10/91 10 Benelong Road, Cremorne

Cl.5(1) - Zones land Residential 2(c): map change

19 31/1/92 52 & 54 High Street, North Sydney

Cl.63 - Permits 2(d) uses on ground floor.

- 145 -



20 6/3/92 134 Blues Point Road, McMahons Point

Cl.5(1) - Zones land Residential/Neighbourhood Shops 2(d):

map change

Cl.34(1) - Correct anomalies relating to 2(d) properties

21 9/4/92 Special provisions - FSR's for certain sites and buildings

Cl.(5) - Amends definition of "home occupation"

Cl.20 - Correct anomalies and table relating to specific FSR

controls

Schedule 2 - Amends wording

22 Not gazetted - Waverton Deferred Area (see amendment 60)

23 16/10/92 Zoning of Luna Park

Cl.5(1) - Zones land 5(d): map change

Cl.8/9 - Inserts Zone 5(d) into table

Schedule 2 - Amends wording

24 20/8/93 Milsons Point South

Cl.20(4) - Amends table for Floor Space Provisions

25 22/1/93 227 Military Road, Cremorne

Cl.5(1) - Zones land Special Uses 5(c) Hospital: map change

26 7/1/94 34 McLaren Street, North Sydney

Cl. 66 - Allows use for professional consulting rooms

27 20/8/93 Various former RTA sites

Cl.5(1) - Zones various sites Residential 2(c), Residential 2(d),

Open Space 6(a) and Open Space 6(b): map change

Correct anomalies.

28 6/8/93 150 Blues Point Road, McMahons Point

Cl.5(1) - Rezones land 2(d): map change

29 Not gazetted - Land associated with Luna Park

- 146 -



30 3/6/94 Cremorne Point

Cl. 5(1) - Amends definition of "characteristic building" and

"wall height"

Cl. 9 - Amends objectives relating to Zone 2(g)

Cl.12A - Amends development controls for 2(g) zone

31 2/7/93 1 Amherst Street, Cammeray

Cl.5(1) - Zones part of land Residential 2(c): map change

Cl.65 - Permits residential flat building

32 1/7/94 Dual Occupancy Exemption

Cl.4(3) - Exempts North Sydney from provisions of SREP 12

and SEPP No 25

- amends IDO 57

33 2/9/94 192 Pacific Highway, Crows Nest

Cl.5(1) - Zones land Special Uses 5(a) "Educational

Establishment": map change

34 10/2/95 Correction of anomaly in instrument

Cl. 9 - Amends table relating to 2(b) zoning by omitting

from paragraph (a) the words "two storey residential

flat buildings containing only two dwellings"

35 3/10/97 16-18 Munro Street

Cl.5(1) - rezones part of land 2(c) and part 6(a)

Cl. 68 - requires preservation of maritime history and site

remediation

- allows waterfront activities

- inserts definition of appropriate standard and

independent review@

36 1/9/95 Backpackers Accommodation

Cl. 5(1) - Amends definition of "boarding house" and "motel":

addition of new definition of "backpackers

accommodation"

Cl.9 - Addition of backpackers accommodation to 3(a) Zone

use table

- 147 -



37 29/9/95 Small Lot Definition

Cl.5(1) - Amends definition of "small lot"

38 1/9/95 476 Miller Street, Cammeray

Cl. 5(1) - Zones land Residential/Neighbourhood Shop 2(d):

map change

39 24/5/96 22-44 Ennis Road, Kirribilli

Cl. 69 - allows uses permissible within zone 2(d)

Residential/Neighbourhood Shops

40 14/2/97 Land in the vicinity of King George Street, Lavender Bay and Horace Street

Waverton

Cl. 5(1) - rezones land part 6(a) and part 2(c)

41 8/11/96 17-19 Wycombe Road Neutral Bay and adjoining land

Cl. 5(1) - Rezones land part 6(a) and part 5(c)

Cl. 69 - Allows residential flat buildings and refurbishment of

existing buildings

42 20/6/97 Land in Belmont Avenue, Wollstonecraft and in Miller Street, Cammeray

Cl. 5(1) - Rezones land to part 6(a) and part 6(d)

43 9/5/97 Zone Commercial AA@

Cl. 9 - amends objective (g) of Zone No. 3(a)

44 20/6/97 Mount Street Plaza

Cl. 43A - Allows sale of goods from barrows, stalls or other

temporary structures and seating for patrons for food

outlets

45 24/4/97 Land at rear of 10 Benelong Road, Cremorne

Cl. 5(1) - Inserts definition of “community land” and

“operational land”

Cl. 71 - Classification or reclassification of public land

Schedule 4 - Reclassifies land to operational.

46 3/10/97 Serviced Apartment Definition

Cl. 5(1) - Amends definition of “serviced apartments”

- 148 -



47 18/7/97 Cl. 5(1) - Rezones Open Space in Civic Centre from 5(a) to 6(c).

Cl. 42A - Additional uses permitted.

48 27/6/97 Amendments relating to Zone 2(c)

Cl. 14A(3) - Defines “adjoining land” and “existing residential flat

building”

- Clarifies the meaning of erection of flat buildings

49 14/11/97 Amendments relating to Zones 6(a), 6(b), 6(c) and 6(d)

Cl. 5(1) - Amends the definition of “recreation area”

Cl. 9 - Amends the Table as it relates to each of the above

zones

50 19/12/97 Outdoor Advertising

Cl. 5(1) - Deletes the definition of “advertising structure”,

amends the definition of “advertisement” and adds

definitions for different types of signs

Cl. 2(n) - Allows for certain outdoor advertising

Cl. 34A - specifies which type of advertisements are permitted

without consent

51 21/8/98 Adult Services & Brothels

Cl. 5(1) - adds definitions of “adult service” and “brothel”

- permits adult services and brothels in Commercial

3(a) zone, prohibits in other zones

53 22/5/98 59 Wycombe Road, Neutral Bay

Cl. 66A - additional clause which allows residential flat

buildings with consent, on 59 Wycombe Road

54 23/10/98 Luna Park

Cls 19,20 - allows additional uses and applies height and floor

space restrictions on the cliff top site shown hatched

on the map

Schedule 4 - reclassifies North Sydney Olympic Pool

55 28/8/98 Berry Street

Schedule 4 - reclassifies Lot 3, DP 552482 to operational land

- 149 -



56 2/10/98 Foreshore Building Line

Cl. 29 - replacement clause to allow minor structures and boat

sheds within foreshore building line

57 18/9/98 Café seating on footpaths

Cl 28 - allows footpath seating, with consent, adjacent to

approved refreshment room

58 24/12/98 Telecommunications Facilities

Cl 5(1) - definition of “telecommunications facility”

Cl 34B - allows telecommunications facility with or without

consent

59 16/7/99 Belmont Lane map amendment - zones land Public Recreation 6(a)

60 5/3/99 Waverton Peninsula

map - rezones part of land to Public Recreation 6(a)

Cl 73 - allows for additional uses on Coal Loader

North Sydney CBD

66 6/8/99 Cl 74,75 - prohibits residential development in CBD core, places

floor space ratio restrictions on residential

development in fringe of CBD.

62 4/2/00 Cl 9A, 9B - adds provisions for exempt and complying

Schedule 4 development, as described in new schedules.

63 13/10/00 Cl 71 - adds new subclauses (2) – (5) and amends schedule 4

by adding items for Little Wonga Road and St

Leonards Park (reclassified as operational land).

64 20/10/00 Cl 5(1) - rezones land at 37 River Road to Residential 2(b).

65 23/2/01 Schedule 2 - adds heritage items to Schedule 2 (15,17 and 57

Cremorne Road).

67 22/2/02 Cl 9 (3) - makes clear that development consent is required for

all development, except for exempt development, or

where that plan states no consent is required.

- 150 -



SEPP 15/12/08 Cl 26 - inserts a note at beginning of clause,

(Repeal of Cl 26 (2)(b) - minor wording change

Concurrence Cl 26 (4) & (5) - amending of clauses to remove the requirement for

and Referral concurrence of the RTA and the Corporation.

Provisions) Cl 32 - clause omitted, to remove the requirement for

2008 concurrence with the Water Board.

Cl 42 (3) & (4) - amending of clauses to remove the requirement for

concurrence of the Director of Planning.

- 151 -



NORTH SYDNEY LOCAL ENVIRONMENTAL PLAN, 1989

ADDITIONAL CLAUSES

CLAUSE No AMENDMENT No

2(n) 50 (Outdoor advertising)

9A 62 (Exempt and Complying Development) 9B 62 (Exempt and Complying Development) 12A 30 (Cremorne Pt) 13A & 14A 1 (Miscellaneous) 14A (3) & (4) 48 (Residential flat buildings in Zone No. 2 (c)) 34A 50 (Outdoor advertising) 34B 58 (Telecommunications Facilities) 42A 47 (Civic Centre) 43A 44 (Mount Street Plaza) 58 2 (McKenzie & Walker Streets) 59 5 (Independent Theatre) 60 6 (Independent Theatre: Elliott Street) 61 10 (Mater Hospital) 62 11 (243-265 Miller Street) 63 19 (52-54 High Street) 64 15 (6 Warung Street) 65 31 (1 Amherst Street) 66 26 (34 McLaren Street) 66A 53 (59 Wycombe Road) 67 17 (58-68 Milray Avenue) 68 35 (16-18 Munro Street) 69 39 (Bays 24-44 Ennis Road) 69 41 (17 - 19 Wycombe Road) 71 45 (Classification or reclassification of public land as operational land) 73 60 (Waverton Peninsula) 74 61 (North Sydney CBD) 75 61 (North Sydney CBD)

Documents

North Sydney Local Environmental Plan57. 7-17 William Street, North Sydney North Sydney Local Environmental Plan 1989 Edited & printed 15.12.08 3 I:\DOCS\LEP\LEP1989 15Dec08.doc 58