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REPORT TO FINANCE, ETHICS & STRATEGIC PLANNING COMMITTEE

Waverley Planning Review 2011 (A07/1581-04) Report dated 20 February 2012 from the Director, Planning and Environmental Services regarding the public exhibition of the Waverley Planning Review including Draft Waverley Local Environmental Plan (LEP) 2011 and Draft Waverley Development Control Plan (DCP) 2011. The report also recommends adoption of this plan subject to certain amendments. Recommendation: 1. That Council adopt Draft Waverley Local Environmental Plan 2011 as exhibited subject to

the minor amendments identified below:

(a) Zone all Educational Establishments and Places of Public Worship SP2 Infrastructure. (b) Amend objective (a) in Clause 1.2(2) to read “To promote and co-ordinate a range of

commercial, retail, residential, tourism, entertainment, cultural and community uses to service the local and wider community”.

(c) Amend objective (g) in Clause 1.2(2) to read “To identify and conserve the cultural, environmental, natural, aesthetic, social and built heritage of the Waverley local government area”.

(d) Amend the fourth objective in the RE1 Public Recreation zone to read “To facilitate and manage public access to and along the coastline for all – the old, the young, the infirm and the disabled.”

(e) Include the following objectives in the B1 Neighbourhood Centre zone: - To ensure that non-residential uses do not result in adverse impacts to the

amenity of existing and future residential premises. - To strengthen the viability of Waverley’s existing business centres as places of

vitality for investment, employment and cultural activity. (f) Amend objective (d) in Clause 4.3(1) Height of buildings to read “To ensure that

buildings are compatible with the height, bulk and scale of the existing character of the locality and positively complements and contributes to the physical definition of the street network and public spaces”.

(g) Amend objective (c) in Clause 4.4(1) Floor Space Ratio to read ”To ensure that buildings are compatible with the bulk, scale, streetscape and existing character of the locality”.

(h) Amend objective (d) in Clause 4.4(1) Floor Space Ratio to read “To establish limitations on the overall scale of development to preserve the environmental amenity of neighbouring properties and minimise the adverse impacts on the amenity of the locality”.

(i) That the road reserve at the intersection of Francis St and Bondi Rd be rezoned to RE1 Public Recreation and R3 Medium Density Residential to better align with the zoning of adjoining properties.

(j) Adjust the boundaries of the E2 Environmental Conservation zone running along the length of the coastline to exclude the sands of the beaches.

(k) Zone the War Memorial Hospital site and the properties fronting Bronte Rd SP2 Infrastructure – Health Service Facility.

(l) Alter the zone boundary between the RE1 Public Recreation zone and SP2 Infrastructure – Water Supply Systems zone in Waverley Park be altered to remove the encroachment on the Public Reserve in accordance with the boundary agreed to be Sydney Water.

(m) Zone the site of Council’s Administration Building in Waverley Park SP2 Infrastructure – Public Administration Building with a floor space ratio of 2:1 and a maximum building height of 20m to reflect the existing situation.


(n) Zone the electricity substation on Lot 69 in DP 591989 in Waverley Park adjacent to Paul St SP2 Infrastructure (Electricity Distribution).

(o) Zone the accessway between Nos 55 & 57 Murray St which leads to the upper end of Bronte Park RE1 Public Recreation.

(p) Zone the accessway between No 2 Wonderland Avenue and 31 Carlisle St and which provides access from the intersection of Wonderland Avenue and Dellview St to Tamarama Park RE1 Public Recreation.

(q) Zone the Diamond Bay Bowling Club RE1 Public Recreation. (r) Zone the Bondi Bowling Club RE1 Public Recreation. (s) Zone the site used for Community purposes (youth centre), Baby Clinic and Day

Nursery in Wairoa Ave RE1 Public Recreation. (t) Remove the projected flood planning areas for the years 2050 and 2100 from the

Flood Planning Maps and amend Clause 6.3 Flood Planning accordingly to delete reference to the projected flood planning areas.

(u) Amend the description of item I82 in Schedule 5 referring to Hotel Bondi to read 178A Campbell Pde being Lot 1 DP 1130125.

(v) Amend the size of a Secondary Dwelling expressed as a percentage of the Principal Dwelling in Clause 5.4(9) of the LEP to 30% .

(w) List Exhibition Homes and Exhibition Villages as prohibited in zones B1 Neighbourhood Centre and B4 Mixed Use Developments in the Land Use Table.

(x) List Warehouses or Distribution Centres as prohibited in zone B4 Mixed Use Development in the Land Use Table.

(y) List Shop Top Housing as prohibited in zone R2 Low Density Residential in the Land Use Table.

(z) List Depots as a use permissible with consent to the RE1 Public Recreation zone. (aa) Zone No 145 Bronte Rd B1 Neighbourhood Business and remove from the Land

Reservation Map. (bb) Zone the whole of the site, being 315-317 Bronte Rd SP2 Infrastructure. (cc) Remove number 30 Murray St Bronte from Schedule 5 and the Heritage Map. (dd) Amend the description of item I178 in Schedule 5 being 67-69 Denison St to read

Lot 3 DP 1118259 Strata Plan 79674 and remove Lots 1 and 2 DP 1118259. (ee) Amend Subclause 4.4(3) to remove reference to the bold blue line and apply the

provision to the R2, R3 and R4 Residential zones and amend the Floor Space Ratio map accordingly.

(ff) Amend Clause 4.4A to replace reference to “Area B” with the words “bold purple line” as the means of identifying application of Clause 4.4A.

2. That Council proceed with the making of Draft Waverley Local Environmental Plan 2011

to effect the reclassification of the properties listed in Schedule 4 from Community to Operational land.

3. That Draft Waverley Local Environmental Plan 2011 be forwarded to the Minister for Planning in accordance with Section 68 of the Environmental Planning and Assessment Act 1979 with a request that the plan be made.

4. That the Department of Planning and Infrastructure be advised that a Public Hearing in accordance with the provisions of Section 68 of the Act is not required as the matters raised in the submission are not of such significance as to warrant a Public Hearing.

5. That stakeholders be invited to enter into discussions to prepare site specific controls for the Bronte RSL Club Sub-branch site and War Memorial Hospital site.

6. That the owners of the War Memorial Hospital site be invited to discuss the height and FSR controls for the site and the matter reported back to Council in future.

7. That all people who made submissions be advised of Council’s decision.


Purpose of Report The purpose of this report is to firstly inform Council of the results of public exhibition of Waverley Draft Local Environmental Plan (LEP) 2011 and to recommend minor amendments resulting from submissions received. Preparation of the draft LEP formed part of the Waverley Planning Review 2010 which also involved the preparation of a new Development Control Plan (DCP) for the Waverley Local Government Area. The draft DCP was exhibited concurrently with the LEP and will be the subject of a separate report to Council scheduled for May 2012. Secondly, to gain Council’s resolutions under Sections 68 of the Environment Planning and Assessment Act 1979 to submit the Draft LEP, subject to amendments, to the Minister for Planning for the plan to be made. Background / Introduction 1. Background

1.1. Preparation of Waverley Draft LEP 2011 On 6th May 2008, Council resolved to prepare a draft LEP and DCP for the Waverley Local Government Area pursuant to Sections 54 and 72 of the Environmental Planning and Assessment Act 1979 respectively. On the 7th December 2010 Council considered a report on the draft LEP and resolved to adopt the plan for the purpose of submission to the Department of Planning and Infrastructure (DoPI) for certification and then exhibition. Both plans have now been exhibited. The draft DCP will be the subject of a further report to Council and this is expected in May 2012.

The following report outlines the results of the exhibition in relation to the draft LEP and identifies the key land use issues that require Council’s attention. These are contained under various headings and include an outline of the future steps required to bring this project to fruition.

1.2. Section 65 Certificate The DoPI certified the draft LEP for exhibition on 27th September 2011 subject to a number of conditions. The majority of these conditions involved editorial amendments or required updating various provisions with more up to date local model provisions. A copy of the certificate is appended as attachment “16”. All conditions of the certificate were complied with prior to exhibition of the draft plan. Specific conditions which may be of interest to Council include the following:

• Condition 1 did not allow Educational Establishments and Places of Public Worship to be zoned SP2 Infrastructure and required their zoning to be changed to another zoning, usually that of an adjoining or nearby property. This is contrary to Council’s specific resolution on this matter and is discussed in more detail below.

• Condition 5 required the removal of Function Centres from the list of permissible uses in the RE1 Public Recreation zone. Function Centres were originally included as a permissible use in order to allow some flexibility in the use of other permitted buildings in open space zones. The pavilion in Waverley Park, Icebergs at Bondi


Beach, Surf clubs, bowling clubs and golf clubs which currently exist in the proposed RE1 Public Recreation zone and are capable of holding events, functions, conferences and the like may be restricted from doing so unless they already have consent for such.

2. Public Exhibition and Community Engagement

Public exhibition of the draft LEP and DCP occurred from Wednesday 19th October 2011 to Wednesday 30th November 2011 a period of 43 days being well in excess of the minimum required 28 days. 2.1. Notifications

Every property owner in the local government area was sent a letter with general information advising of the exhibition, where it could be viewed, how to obtain additional information and/or assistance and how to make a submission. In addition, the owners of properties in twenty areas that were undergoing some specific change were notified of that change in addition to the above general information. This included areas where there was a zoning change resulting in a change in density, schools and places of public worship, privately owned bowling clubs, properties identified on the Natural Resource – Biodiversity Map and properties identified on the Land Acquisition Map. In addition a Public Notice also appeared in the Wentworth Courier on Wednesday 19th October 2011 advising of the exhibition, where it could be viewed and how to gain assistance and make a submission. Government departments that were notified under Section 62 were renotified of the exhibition. It is pointed out that comments previously received from these departments were taken into consideration during the preparation of the plan and a table setting out those comments and responses formed part of the exhibition. People who previously wrote to Council expressing an interest in the plan were also notified.

2.2. Precinct Committee Meetings

During the course of the exhibition period, the Manager Strategic Land Use Planning provided presentations to the local Precinct Committee meetings and others to explain the draft LEP and DCP and to answer questions from members of the committees. Details of the dates, times and locations of the committee meetings are set out below:

• 10 October Penkivil Precinct 7.30pm at Council Chambers; • 13 October Customer Service Team 5pm at Spring St, Bondi Junction; • 17 October Charing Cross Precinct at 7:30pm at Charing Cross Hotel; • 31 October Rose Bay 7.30pm at Magnolia Healing Centre OSH rd Rose Bay; • 2 November Queens Park 7pm at Waverley Library Theatrette; • 2 November Bronte Beach 8.30pm at Lugar Brae Church; • 10 November Housing Advisory Committee 6.30pm at Waverley Library

Theaterette; • 14 November Bronte Precinct 7pm at Bronte Public School; • 16 November Combined Precincts 7pm at Council Chambers;


• 23 November Access Committee 3.30pm at Mill Hill Spring Street Bondi Junction;

• 23 November Bondi Junction at Waveley Library Theatrette; • 23 November Bondi (West) at Bondi Tennis Centre Wellington Street; and • 30 November Bondi (South) at 7:30pm at Council Chambers.

2.3. Exhibition Material

Exhibition material available for viewing by the public was placed at the Customer Service Centre in Spring St and at Waverley Library. In addition all the exhibition material was also available in an electronic form on Council’s website. Assistance with understanding or interpreting the exhibition material was available at the Customer Service Centre. In addition a dedicated phone number was also advertised where residents/customers could speak with a Council Town Planner about a specific issue. Material that was available for viewing included:

• Waverley Draft LEP 2011 (Instrument) • Land Use Matrix (note: this did not form part of the draft LEP); • Waverley Draft LEP 2011 (maps); • Alternate zoning maps for Educational Establishments and Places of Public

Worship (note: these did not form part of the draft LEP); and • Waverley Draft DCP 2011.

Supporting information included:

• 13 Fact Sheets explaining various topics of the Waverley Planning Review; • An introduction explaining what the exhibition was about; • Power Point Presentation that was made to the Precinct Committees; • Section 65 Certificate; • Plain English Explanatory Notes of each provision in the draft LEP; • Details of Land being Reclassified from Community to Operational; • Best Practice Guidelines “LEPs and Council Land”; • Statement on Council Owned Land; • Section 117 Directions; • Section 54 and 62 Responses and Comments; • Compliance with the Metropolitan Strategy; • Compliance with the East Subregion Draft Subregional Strategy; • Residential Zone Review; and • Employment Characteristics.

3. Reclassification of Council Owned Land and Associated Public Hearing

Council at its meetings of 16th March 2010 and 16th November 2011 considered reports from the Director, Corporate and Technical Services relating to the reclassification of certain public land from “Community” classification to “Operational”. Council resolved to reclassify four properties being 79-81 Grafton St, 1A Newland St, Unit 204, 422 Oxford St Bondi Junction and 3 Bondi Rd Bondi Junction and to include them in Part 2 of Schedule 4 of the LEP where all interests and trusts in the properties will be extinguished.

No submissions were received in relation to the reclassification of these properties.


Regardless of there being no written submissions received, a public hearing as required by the Local Government Act 1993 was held at the Council Chambers on Friday 9th December 2011 to hear any verbal submissions on the proposed reclassification. Notice of the Public Hearing appeared in the Wentworth Courier on Wednesday 16th November 2011 and the hearing was conducted by an independent chairperson, being Mr. Michael McMahon of M.E. McMahon and Associates. No members of the public attended the hearing. In summary, Mr McMahon, in his report made the following comment:

“I am satisfied that all the amendments proposed are consistent with the current use of the respective allotments of land and as there have been no public submissions opposing the proposed amendment in the draft Local Environmental Plan I conclude that there is no public interest inhibiting that part of the plan from proceeding”.

Mr. McMahon’s report on the hearing is appended as Attachment 19. In accordance with the requirements of the Local Government Act 1993, a copy of the report was made available for viewing by the public and notice of such appeared in the Wentworth Courier on 12th January 2012.

4. Submissions

4.1. Submissions Received from the General Public

Of all submissions received, 160 made comments on the Draft LEP. It is pointed out that one submission in relation to the proposed zoning of land on the corner of Old South Head Rd and Bondi Rd contained 497 letters of support for the proposed zoning. A petition containing 189 signatures objecting to this proposal was also received. 43 submissions made comments on the Draft DCP. While most submissions made comments on either the Draft LEP or Draft DCP, some submissions did contain comments on both. Comments received relating to the Draft LEP are contained and considered in this report. These submissions have been divided into 14 topics and are summarised and considered in Attachments 1-14 of this report. Some topics relate to individual specific issues such as the proposed zoning of the land on the corner of Old South Head Rd and Bondi Rd while other topics contain submissions relating to a variety of issues within a locality such as Bondi or Bronte etc. Comments have been provided for each of the points raised in the submissions. Recommendations resulting in a change to the Draft LEP and/or Maps are contained at the end of each attachment. These recommendations are compiled into one list of amendments contained in the recommendation section of this report.

4.2. Government Submissions

Government Authorities were notified of the preparation of the Draft LEP at Section 62 stage prior to certification of the Draft LEP and again notified and invited to make comments during exhibition of the Draft LEP and Draft DCP. Five Authorities availed themselves of this opportunity and their comments along with Council officers recommendations are contained in Attachment 12.


4.3. Council Issues and Internal Submissions During the exhibition of the Draft LEP and Draft DCP, a number of internal submissions were received from Council officers in various departments. These are contained in Attachment 13 along with recommendations on various amendments.

4.4. Draft Waverley DCP 2011

Draft DCP 2011 was placed on public exhibition in conjunction with draft LEP 2011. A summary of submissions received relating to the draft DCP is contained in Attachment 15 of this report. Detailed consideration of each submission will be outlined in a separate report expected in May 2012. Key issues raised in the submissions relate to:

• Traffic and Parking; • Secondary Dwelling and Laneway development; • Removal of Bronte Residential Character Area; • Hours of operation and licensed premises; and • Heritage and streetscapes.

5. Heritage Items and Conservation Areas

A number of submissions were received during the exhibition relating to the listing of heritage items and conservation areas in Schedule 5 of the LEP. The majority of these submissions object to the listings and a number have expressed dissatisfaction at not having been notified of the nomination of their properties as either an item or within a conservation area. As mentioned above, every property owner in the Municipality was notified of the exhibition and owners of properties that were experiencing a change of planning controls as a result of the Draft LEP were specifically notified of that change. However, in relation to heritage provisions, the listing of properties and conservation areas was undertaken by LEP 33 being an amendment to Waverley LEP 1996, the process of which commenced several years ago. LEP 33 has now been finalised and was gazetted on 23rd December 2011. Draft LEP 2011 has not created any new heritage listings other than items of Aboriginal heritage and simply carries forward the listings that already existed in Waverley LEP 1996, Waverley LEP (Bondi Junction Centre) 2010 and LEP 33. As such, owners of properties included in Schedule 5 of Draft LEP 2011 were not specifically notified of their inclusion in the schedule but were sent the generic notification letter advising of the exhibition of the draft LEP. During the process of preparing LEP 33, owners of properties that were proposed to be heritage listed or included in a conservation area were notified. A history of LEP 33 is set out below.

• 2001: Waverley Heritage Assessment (WHA) commenced (public nominations) • October 2005 – February 2006: WHA publicly exhibited (89 submissions). • May 2007 – June 2007: WHA publicly re-exhibited (72 submissions). • September 2007: Council resolved to adopt the WHA which included 180

proposed heritage items, 10 urban and 1 landscape conservation area. 1 heritage listed item at No. 29 Wallangra Road, Dover Heights was proposed for removal from Schedule 5.


• 14 November 2007 – 21 December 2007: Bondi Junction Heritage Assessment (BJHA) publicly exhibited (32 submissions).

• December 2007: Council resolved to change the name of the Waverley Heritage Assessment to the Waverley Heritage Policy on the basis that it carried more legal weight & to reduce the likelihood of the demolition of items in the policy.

• 15 April 2008: Section 54 of the Environmental Planning & Assessment Act 1979 (EP&A Act), Council resolved to prepare the draft WLEP (Amendment No. 33) 1996.

• 30 July 2008: Council requested the Department of Planning (DoP) issue a Section 65 Certificate.

• 8 September 2008: Council consulted with relevant planning authorities in accordance with Section 62 of the EP&AA 1979.

• 27 March 2009: DoP issued Council a Section 65 Certificate. • 2 September 2009 – 2 October 2009: Public exhibition of draft WLEP (Amendment

No. 33) 1996. • 23 November 2009: In accordance with Section 58 of the EP&AA 1979, Council

considered all submissions received during the public exhibition. • 3 December 2009: Council considered a report summarising submissions made

during public exhibition. • 16 March 2010: After consideration of all submissions Council resolved to adopt

draft WLEP (Amendment No. 33) 1996 subject to the following:

“…2. The following properties be removed from Schedule 5 of the draft Waverley Local Environmental Plan (Amendment No.33) 1996:

(a) 168 Blair Street, North Bondi (b) 172 Blair Street, North Bondi (c) 280 Bronte Road, Bronte (d) 1 Kippara Road, Dover Heights (e) 9 King Street, Bondi (f) 49 Gardyne Street, Bronte (g) 27 Yanko Street, Bronte (h) 67 Ocean Street, Bondi (i) 1-3, 5-7, 9-11 Santa Marina Avenue, Waverley (j) 67-69 Penkivil Street, Bondi (k) 163 Hall Street, Bondi Beach (l) 2-8 Santa Marina Avenue, Waverley

3. The following properties remain within the heritage conservation areas

identified in draft Waverley Local Environmental Plan (Amendment No.33) 1996: (a) 362 and 364 Birrell Street, Tamarama (b) 143 Ebley Street, Bondi Junction

4. Council resolve to adopt the draft Waverley Local Environmental Plan

(Amendment No.33) 1996 as amended. 5. Pursuant to Section 59 of the Environmental Planning and Assessment

Act 1979, Council resolve to forward the draft Waverley Local Environmental Plan (Amendment No.33) 1996, as amended, to the Minister of Planning for gazettal.


6. Council resolve to amend Waverley Heritage Policy 2008 as required and in accordance with the recommendations adopted by Council.”

Draft LEP 33 was gazetted and became effective on 23rd December 2011.

6. Affordable Housing After consistent lobbying by Council, the DoPI agreed to permit an affordable housing clause within the Draft LEP being clause 4.4A Floor Space Ratio Incentive for Affordable Housing. The clause applies to zones R3 Medium Density Housing, R4 High Density Residential and B4 Mixed Use. The clause was developed by the DoPI with Council's input and provides 15% additional floor space for development of a residential flat building or shop top housing which provides affordable housing. Contributions are to be in the form of rent capped units for a minimum of three years. On 19 July 2011 Council resolved to include the affordable housing clause within the Draft LEP and the plan was exhibited accordingly. Two submissions were received in regard to the clause which have been addressed in attachments to this report. However it is considered that the clause should continue in its current form. Supporting documents including a review of the Waverley Affordable Housing Policy will be prepared to accompany the clause. Investigations into options for other forms of contributions including monetary contributions and the provision of units in perpetuity will also be investigated. In addition, Waverley Council has also been invited to be included in the Council Reference Group to inform the State Government’s Affordable Housing Task Force and this creates an opportunity to lobby for further evolution of the clause.

It is also intended that the clause will be reviewed one year after gazettal of the LEP to determine the effectiveness in generating affordable housing. This will also presents an opportunity to amend the clause or provide supporting documentation if necessary.

7. Minor Changes to be made to Draft LEP 2011 7.1. Amendments Resulting from Submissions made during the Exhibition of the Draft

LEP Minor amendments can be made to draft LEPs following exhibition and will not necessitate re-exhibition of the plan. Such amendments have been recommended and these are contained at the end of Attachments 1-14 and compiled into a comprehensive list of amendments in the recommendation section of this report. Amendments that have been recommended to be undertaken as part of this LEP are considered minor because they correct anomalies or minor drafting errors, involve adjusting zone boundaries to more accurately reflect current occupation of the land or involve minor wording changes to objectives and provisions to clarify their intent.

7.2. Zoning of Educational Establishments and Places of Public Worship

In preparing draft Waverley LEP 2011, Council resolved to zone all schools and places of public worship as SP2 Infrastructure. This was contrary to the LEP Practice Note and consequently the DoPI conditioned the Section 65 Certificate requiring Council to change the zoning of all schools and places of public worship prior to placing the draft plan on public exhibition. The DoPI did however allow Council to also


exhibit an alternate zoning map (which did not form part of the formal draft LEP) indicating Council’s preferred zoning for schools and places of public worship. The zoning of schools and places of public worship was therefore changed to be consistent with the zoning of adjoining land. In most cases this resulted in these sites being zoned either R2 Low Density Residential or R3 Medium Density Residential. Advice was sought from the DoPI in relation to the application of FSR and Height controls and it was verbally suggested that the same FSR and Height controls that applied to the adjoining land could also be applied to the schools and places of public worship. The DoPI is currently reviewing its policy on the zoning of schools and places of public worship and their position may change in future. However at this point in time, the Department’s policy is that such sites not be zoned SP2 Infrastructure. Notwithstanding this, opinion on the zoning of these sites still remains divided. The Department of Education and Training, at Section 62 stage, requested that schools adopt the zone of land immediately adjoining each site and one private school, submitted during the exhibition that they strongly support the residential zoning of their site. However zoning these sites anything but SP2 Infrastructure creates uncertainty as to the sites future and diminishes the broader community’s confidence that these sites will remain in their current occupation. As such, it is recommended that Education Establishments, Places of Public Worship and the War Memorial Hospital site should be zoned SP2 Infrastructure. It is considered that such a zoning change will not require re-exhibition of the plan as it is consistent with the alternate zoning map the DoPI requested be prepared and exhibited during exhibition of the Draft LEP. Recommendation: That the zoning of all Educational Establishments and Places of Public Worship be zoned SP2 Infrastructure.

8. Possible Future Amendments

Some requested amendments may be considered to have merit but due to their complexity, size, or effect should not be undertaken as part of this LEP. Such amendments would require a greater level of assessment and consideration and the community given the opportunity to comment before a determination is made. As such, a number of requested amendments have been recommended to be deferred pending completion of further studies or submission of Planning Proposals by the proponents. The results of such studies or Planning Proposals can be contained in future amendments to the LEP. Investigations or studies that are currently in progress, have been recommended or could be undertaken in future include:

• The Bondi Junction Urban Design Review – this review, instigated and funded by the DoPI is currently underway and will consider zone boundary issues, building heights and FSRs. Recommendations and findings from this review may influence consideration and assessment of the 5 submissions requesting amendments which were received during exhibition of the LEP. The results of this study, if supported, are envisaged to be included in an amendment to the LEP later this year.


• The preparation of site specific controls for the Bronte RSL Club site – this would involve inviting stakeholders to enter into discussions to prepare site specific controls that would be incorporated into future amendments to the LEP and DCP.

• The possible investigation of additional heritage items, urban and landscape

conservation areas – this would involve undertaking investigations, consulting with residents and possible future amendments to the LEP.

• The assessment of future Planning Proposals – a number of submissions were

made requesting changes to zoning or amendments to development controls. Such requests require detailed investigation and could not be considered as part of this LEP process. Should the proponents wish to submit Planning Proposals these will need to be considered and contained in future amendments to the LEP.

• The preparation of site specific controls for the War Memorial Hospital site – this

would involve inviting stakeholders to enter into discussions to prepare site specific controls that would be incorporated into future amendments to the LEP and DCP.

• The review of the Minimum Lot Size Map – This would involve a review of

minimum lot sizes in the Municipality and considering whether the controls are still appropriate or need adjusting.

9. Conclusion

Draft Waverley LEP 2011 was certified for public exhibition in September 2011 and was exhibited along with Draft Waverley DCP 2011 over October and November 2011. Submissions have now been received and considered and amendments to the Draft LEP and Maps have been recommended. Adoption of the draft plan will allow a submission to be made to the Minister for Planning with a request that the plan be made. The DoPI will then refer the plan to the Parliamentary Counsel for legal drafting. The plan will be made into law and become effective when published on the Parliamentary Counsel’s website.

Analysis • Financial The Waverley Planning Review was largely carried out with in-house resources and funds were allocated in the 07/08, 08/09, 09/10 and 10/11 budgets accordingly. Council also received a grant of $100,000 towards the preparation of the LEP from the DoPI under the Planning Reform Funds. That grant has now been fully received. Council was also awarded a further grant of $80,000 from the LEP Acceleration Fund, $40,000 of which has already been received and the remainder to be received upon submission of the LEP to the DoPI under Section 68. Funding of $12,300 was also secured from the DoPI’s Heritage Office to carry out the Aboriginal Heritage Study for the Waverley LGA. That study has now been completed and the results included in the LEP where appropriate.


• Delivery Program/Operational Plan Council’s Strategic Actions The comprehensive LEP and DCP encapsulate all of Council’s strategic directions in relation to land use planning and incorporate all Departments within Council. During the Waverley Planning Review, Council’s Strategic Plan, Management Plan and Outstanding Council Resolution List were perused in order to identify Council’s priority actions and ensure that these were actioned during this process. Department of Planning’s Strategic Actions The DoPI has a particular interest in the preparation of Waverley LEP 2011 which is outlined in the Metropolitan Strategy and the East Subregion draft Subregional Strategy. Their issuing of a Section 65 Certificate allowing exhibition of the draft plan indicates they were satisfied with the draft plan. The Section 68 Submissions to the DoPI will be accompanied by reports with evidence that the draft plan as amended is still consistent with their strategies. • Consultation Waverley Draft LEP 2011 was concurrently exhibited with Waverley Draft DCP 2011 from Wednesday 19 October 2011 to Wednesday 30 November 2011. The result of that exhibition is the primary subject of this report. Timeframe The majority of the work required to prepare Waverley LEP 2011 is now complete. The next major milestone is submission of the plan along with supporting information to the Minister for Planning requesting the plan be made. The following timeline identifies the steps still required to be undertaken.

• Council’s resolution to adopt the final draft of the LEP in March 2012. • Section 68 submission to the Minister for Planning requesting the plan be made in

April 2012. • Report to Council on the results of the exhibition of the Draft DCP in May 2012 • Waverley LEP 2011 and Waverley DCP 2011 become effective when the LEP is

published on the Parliamentary Counsel’s Office Website. Recommendation: 1. That Council adopt Draft Waverley Local Environmental Plan 2011 as exhibited subject to

the minor amendments identified below:

(a) Zone all Educational Establishments and Places of Public Worship be zoned SP2 Infrastructure.

(b) Amend objective (a) in Clause 1.2(2) to read “To promote and co-ordinate a range of commercial, retail, residential, tourism, entertainment, cultural and community uses to service the local and wider community”.

(c) Amend objective (g) in Clause 1.2(2) to read “To identify and conserve the cultural, environmental, natural, aesthetic, social and built heritage of the Waverley local government area”.


(d) Amend the fourth objective in the RE1 Public Recreation zone to read “To facilitate and manage public access to and along the coastline for all – the old, the young, the infirm and the disabled.”

(e) Include the following objectives in the B1 Neighbourhood Centre zone: - To ensure that non-residential uses do not result in adverse impacts to the

amenity of existing and future residential premises. - To strengthen the viability of Waverley’s existing business centres as places of

vitality for investment, employment and cultural activity. (f) Amend objective (d) in Clause 4.3(1) Height of buildings to read “To ensure that

buildings are compatible with the height, bulk and scale of the existing character of the locality and positively complements and contributes to the physical definition of the street network and public spaces”.

(g) Amend objective (c) in Clause 4.4(1) Floor Space Ratio to read ”To ensure that buildings are compatible with the bulk, scale, streetscape and existing character of the locality”.

(h) Amend objective (d) in Clause 4.4(1) Floor Space Ratio to read “To establish limitations on the overall scale of development to preserve the environmental amenity of neighbouring properties and minimise the adverse impacts on the amenity of the locality”.

(i) That the road reserve at the intersection of Francis St and Bondi Rd be rezoned to RE1 Public Recreation and R3 Medium Density Residential to better align with the zoning of adjoining properties.

(j) Adjust the boundaries of the E2 Environmental Conservation zone running along the length of the coastline to exclude the sands of the beaches.

(k) Zone the War Memorial Hospital site and the properties fronting Bronte Rd SP2 Infrastructure – Health Service Facility.

(l) Alter the zone boundary between the RE1 Public Recreation zone and SP2 Infrastructure – Water Supply Systems zone in Waverley Park be altered to remove the encroachment on the Public Reserve in accordance with the boundary agreed to be Sydney Water.

(m) Zone the site of Council’s Administration Building in Waverley Park SP2 Infrastructure – Public Administration Building with a floor space ratio of 2:1 and a maximum building height of 20m to reflect the existing situation.

(n) Zone the electricity substation on Lot 69 in DP 591989 in Waverley Park adjacent to Paul St SP2 Infrastructure (Electricity Distribution).

(o) Zone the accessway between Nos 55 & 57 Murray St which leads to the upper end of Bronte Park RE1 Public Recreation.

(p) Zone the accessway between No 2 Wonderland Avenue and 31 Carlisle St and which provides access from the intersection of Wonderland Avenue and Dellview St to Tamarama Park RE1 Public Recreation.

(q) Zone the Diamond Bay Bowling Club RE1 Public Recreation. (r) Zone the Bondi Bowling Club RE1 Public Recreation. (s) Zone the site used for Community purposes (youth centre), Baby Clinic and Day

Nursery in Wairoa Ave RE1 Public Recreation. (t) Remove the projected flood planning areas for the years 2050 and 2100 from the

Flood Planning Maps and amend Clause 6.3 Flood Planning accordingly to delete reference to the projected flood planning areas.

(u) Amend the description of item I82 in Schedule 5 referring to Hotel Bondi to read 178A Campbell Pde being Lot 1 DP 1130125.

(v) Amend the size of a Secondary Dwelling expressed as a percentage of the Principal Dwelling in Clause 5.4(9) of the LEP to 30% .


(w) List Exhibition Homes and Exhibition Villages as prohibited in zones B1 Neighbourhood Centre and B4 Mixed Use Developments in the Land Use Table.

(x) List Warehouses or Distribution Centres as prohibited in zone B4 Mixed Use Development in the Land Use Table.

(y) List Shop Top Housing as prohibited in zone R2 Low Density Residential in the Land Use Table.

(z) List Depots as a use permissible with consent to the RE1 Public Recreation zone. (aa) Zone No 145 Bronte Rd B1 Neighbourhood Business and remove from the Land

Reservation Map. (bb) Zone the whole of the site, being 315-317 Bronte Rd SP2 Infrastructure. (cc) Remove number 30 Murray St Bronte from Schedule 5 and the Heritage Map. (dd) Amend the description of item I178 in Schedule 5 being 67-69 Denison St to read

Lot 3 DP 1118259 Strata Plan 79674 and remove Lots 1 and 2 DP 1118259. (ee) Amend Subclause 4.4(3) to remove reference to the bold blue line and apply the

provision to the R2, R3 and R4 Residential zones and amend the Floor Space Ratio map accordingly.

(ff) Amend Clause 4.4A to replace reference to “Area B” with the words “bold purple line” as the means of identifying application of Clause 4.4A.

2. That Council proceed with the making of Draft Waverley Local Environmental Plan 2011

to effect the reclassification of the properties listed in Schedule 4 from Community to Operational land.

3. That Draft Waverley Local Environmental Plan 2011 be forwarded to the Minister for Planning in accordance with Section 68 of the Environmental Planning and Assessment Act 1979 with a request that the plan be made.

4. That the Department of Planning and Infrastructure be advised that a Public Hearing in accordance with the provisions of Section 68 of the Act is not required as the matters raised in the submission are not of such significance as to warrant a Public Hearing.

5. That stakeholders be invited to enter into discussions to prepare site specific controls for the Bronte RSL Club Sub-branch site and War Memorial Hospital site.

6. That the owners of the War Memorial Hospital site be invited to discuss the height and FSR proposals for the site and the matter reported back to Council in future.

7. That all people who made submissions be advised of Council’s decision. Peter Brennan Director, Planning & Environmental Services Author: George Bramis, Divisional Manager Strategic Land Use Planning, Renee Read Principal Strategic Planner and Alex Sarno Consultant Principal Strategic Planner Attachments: Attachment No 1 – Submissions relating to the proposed zoning of properties on the Corner of Bondi Rd and Old South Head Rd.


Attachment No 2 – Submissions relating to the proposed zoning of properties on Bondi Rd between Waverley Crescent and Paul St. Attachment No 3 – Submissions relating to the proposed zoning of Scarba House. Attachment No 4 – Submissions relating to the proposed zoning of 117-133 Hall St. Attachment No 5 – Submissions relating to the Brown St Conservation Area. Attachment No 6 – Submissions relating to Bronte (including the Bronte RSL Club site) Attachment No 7 – Submissions relating to the proposed zoning of land on the Corner of MacPherson St and Leichhardt St (including St Catherine’s school) Attachment No 8 – Submissions relating to Bondi Junction. Attachment No 9 – Submissions relating to Bondi Beach. Attachment No 10 – Submissions relating to Bondi and Waverley. Attachment No 11 – Submissions relating to North Bondi and Dover Heights. Attachment No 12 – Submissions from Government Authorities. Attachment No 13 – Internal Council submissions. Attachment No 14 – Miscellaneous individual submissions. Attachment No 15 – Submissions received on Draft DCP 2011. Attachment No 16 – Section 65 Certificate issued by the DoPI. Attachment No 17 – Waverley Draft Local Environmental Plan 2011 as Amended. Attachment No 18 – Land Use Matrix as Amended. Attachment No 19 – Waverley Draft Local Environmental Plan 2011 Maps as Amended. Attachment No 20 – Reclassification of Council Owned Land – Independent Assessor’s Report.

ATTACHMENT 1

Specific Issue No. L1 – Zoning of Properties on the Corner of Bondi Rd and Old South Head Rd Submissions – 46 letters received (44 letters and 1 petition containing 198 signatures objecting to the rezoning & 2 letters in support with requests for increased development potential. It is pointed out that one of the submissions contained 497 letters of support for the proposed zoning and increase in height and FSR) Key Issues – Impacts on amenity of surrounding properties; Facilitation of improvements to the area.

Submission Comments Response Object to the proposed change in zoning on the corner of Bondi Rd and Old South Head Rd. - Traffic congestion. - Overshadowing. - Over population. - Parking problems and loss of views. - Wind shearing. - Reduced visual amenity. - Loss of character. ‐ Precedent allowing further over development along Old South

Head Rd. ‐ Waverley Crescent is a quiet residential pocket that forms part of

Woodstock Heritage Area. ‐ High density and high rise buildings will increase traffic congestion

especially in narrow streets, will exacerbate parking problems and detract from the character of the heritage area.

‐ Extra bulk and height will cause overshadowing and wind shearing problems.

‐ Rezoning these sites will set a precedent allowing further encroachment of high rise buildings.

Support for the proposed change in zoning and increase in height and FSR. - Site is perfectly located for high rise residential apartments. - This is a very prominent site in Bondi Junction.

Increasing residential density controls in locations that have good access to shops, service, employment opportunities and transport is common planning practice and consistent with State Government directives included in the State Plan and Metropolitan Strategy. This provides additional housing for a growing population in locations that can support such increases. In preparing draft LEP 2011 the predominant aim was to fit the existing planning controls into the new Standard Instrument Local Environmental Plan template format. However, the opportunity was also taken to review the zoning and controls in locations which, it was believed, could sustain increased development in order to meet employment and dwelling targets set by the Department of Planning and Infrastructure and the State Government's objective to locate future population increases closer to employment and public transport . Consideration was therefore given to the zoning of this site due to its proximity to the Bondi Junction Centre and the scale of development permitted in the centre, access to shops, services and employment opportunities available in the centre, access to railway station and bus interchange and location on a main road. The site was also viewed as possibly playing a transitional role between the high rise development in the centre and lower density development to the east. To assist Council in its consideration, Council engaged an independent firm of Architects and Urban Designers to advise on an appropriate scale of development and controls for this site (and others) bearing in mind its

- Congratulate Council for the new zoning plan. - New development will beautify this area. - The up-zoning will make it possible to create an iconic building that

will bring pride to our local residents and visitors. - The site is a gateway and should reflect the buildings on the

opposite side of Bondi Rd. - Would support a height up to 28 meters. - Would be a transition between the 13 storey on the opposite side

of Bondi Rd and the eight storey. - Need more apartments in Bondi so that our children do not have to

move out of the area to find accommodation. - Important to provide as many apartments as possible in such close

proximity to Bondi Junction Centre and trains. Supports the proposed zoning of 83 Old South Head Rd to R4 High Density Residential but requests that: ‐ Height be increased to 24.5m, ‐ FSR be increased to 2.25:1 Supports the proposed zoning of R4 High Density Residential but requests that: ‐ Height be increased to 24.5m, ‐ FSR be increased to 1.65:1 The above increases are required in order to: ‐ Create an iconic building at the entrance of Bondi Junction, ‐ Facilitate improvements to the existing streetscape through

activation of the street edge, ‐ Provide appropriate amenity for existing neighbouring residents, ‐ Provide a built rhythm that responds to the surrounding urban

context and create a pleasing transition between the strong town centre edge and established residential area.

size, it's location relative to the Bondi Junction Centre and the surrounding development. The study acknowledged the opportunity the site provides for a high quality landmark building on the corner of Old South Head Rd and Bondi Rd marking a prominent intersection and being adjacent to the Bondi Junction Town Centre with its towers. There is also potential to improve the streetscape and surveillance along Ben Eden Street by ensuring some residential address along this street. With a FSR of 1.5:1 and height of 20 metres as proposed in the draft plan, the development would provide good solar access to courtyards within the development and also no overshadowing to south-eastern neighbours. Adequate parking would need to be provided on the site in order to avoid conflict with the limited available on street parking. Based on the consultants advice the development controls that now appear in the draft plan are considered appropriate for the site. Heights and FSRs beyond what is proposed in the draft plan cannot be supported without a commitment to greater site amalgamation of the properties within the overall development parcel. Site amalgamation would also help facilitate site access and parking to a greater extent than if the sites are developed individually. 83 Old South Head Rd is considered to be an anomaly within the current development context and is unlikely to redevelop in the foreseeable future. In the preparation of Draft LEP 2011 it was not intended to create a patchwork of height and FSR controls to cater for individual existing situations. As such it is not considered necessary to increase the controls specifically for this existing development.

Recommendation – Retain the zoning and development controls of the properties on the corner of Old South Head Rd and Bondi Rd as exhibited being R4 High Density Residential with an FSR of 1.5:1 and height of 20 metres.

ATTACHMENT 2

Specific Issue No. L2 – Zoning of Properties on Bondi Rd between Waverley Crescent and Paul St Submissions – 8 letters received Key Issues – Development potential; Facilitation of improvements

Submission Comments Response Requests the properties fronting Bondi Rd between Waverley Crescent and Paul St be permitted higher density provisions. This would: - Encourage redevelopment, - Permit road widening to occur, - Improve appearance of this important part of Bondi Rd and ‐ Is in close proximity to transport and services in Bondi Junction.

In preparing draft LEP 2011 the predominant aim was to fit the existing planning controls into the new Standard Instrument Local Environmental Plan template format. However, the opportunity was also taken to review the zoning and controls in locations which, it was believed, could sustain increased development in order to meet employment and dwelling targets set by the Department of Planning and Infrastructure and the State Government's objective to locate future population increases closer to employment and public transport. The subject properties are developed with a mixture of buildings ranging from detached cottages, semi-detached cottages, terraces and multi storey residential flat buildings. The land is affected by a road widening reservation that will most likely be acquired by the RTA upon redevelopment of these properties. While vehicular access to the subject properties currently exists off Bondi Rd, it is unlikely that the RTA would permit access off Bondi Rd should a redevelopment occur. Vehicular access would therefore need to be obtained from a side street. This would require a considerable amalgamation of lots to achieve such access. While a number of property owners have suggested upzoning this land, it is not known whether all the property owners share the same view. Part of the subject land also adjoins an Urban Conservation Area and backs onto the mostly intact row of semi-detached cottages in Gowrie Ave. For the above reasons, redevelopment of the subject properties poses

a number of difficulties. Unlike the site on the corner of Old South Head Rd which was the subject of a study, the subject properties do not have the benefit of such a review. For this reason, it is not considered appropriate to recommend a change in zoning for the subject properties. If a Planning Proposal be submitted in the future it would be necessary for additional information to be provided outlining how the difficulties mentioned above would be overcome.

Recommendation – Retain the zoning and development controls of the properties as exhibited on Bondi Rd between Waverley Crescent and Paul St as exhibited being R3 Medium Density Residential with an FSR of 0.6:1 and height of 9.5 metres.

ATTACHMENT 3

Specific Issue No. L3 – Proposed zoning of Scarba Home Site Submissions – 20 letters received Key Issues – Zoning; Potential loss of community benefit; Potential changes to court approved development; Heritage listing

Submission Comments Response Objects to the R4 High Density zoning. - Concerned that the Benevolent Society

may sell the site to a private developer and the community benefit of the aged care development would be lost.

- The applicant may also try to alter the development under the less restrictive conditions imposed by the R4 zoning.

- Site was originally gifted to the State for community benefit of childcare and aged care.

- Court approval of the development recognised the perceived community benefit.

- Requests that the ongoing permitted usage be only for facilities to the benefit of the aged and or children.

‐ If the site must be zoned residential it should be R3 and not R4.

The Scarba Home site is currently zoned Special Uses 5(a) School. Under the Standard Instrument Template, the Special Uses zone no longer exists. There is an SP2 Infrastructure zone but the use of this zone is limited to sites that contain genuine infrastructure uses i.e. telecommunication facilities, bus depots etc. Instructions from the Department of Planning and Infrastructure (DoPI) for Council's preparing new LEPs, are that sites currently zoned Special Uses 5(a) that are not used for infrastructure purposes should be rezoned preferably adopting the zoning of the adjoining property. Consideration was therefore given to zoning the site either R3 Medium Density Residential or R4 High Density Residential being the two adjoining and nearby zones. During consideration of the zoning, consideration was also given to the outcome of the court case involving the Benevolent Society proposal. In addition and independently to the court case, Council engaged a firm of Architects and Urban Designers to advise on an appropriate scale of development and controls for the site bearing in mind its size, the existence of a major heritage item with its curtilage and the surrounding development. Their recommendations were incorporated into Waverley draft LEP 2011. Council can choose a zone other than R4. The only logical alternative would be R3. However it should be noted that the R3 zone would be inconsistent with the height and Floor Space Ratio (FSR) controls that have been established for this site by a rigorous and independent process. The R3 zone would also be inconsistent with the scale of development approved by the court. The R3 zone has generally been applied to sites with an FSR up to 0.9:1 and a height up to 12.5m. Specific controls have been included in the form of height controls. The main body of the site is limited to 20m at its southern end and 12.5m at the northern end. The two lots fronting Ocean St

have a height control of 28m consistent with their adjoining sites. The site is also noted as a heritage item and landscape heritage item thus protecting the Scarba Home itself and its curtilage. It should be noted that zoning the site R3 would not prevent the property owner submitting a development application requesting a variation to the approval given by the court. Should such an application be submitted, the impacts would need to be assessed and there is no suggestion that such an application would automatically be approved. Section 117 Direction 6.3 Site Specific Provisions, discourages Councils, when preparing LEPs, from including development standards or requirements in addition to those already applicable to a zone. As such, it would not be possible to impose restrictions to prohibit the site being used for anything other than a nursing home or retirement village.

Requests the height map be altered in relation to the Ocean St portion of the site to increase the height to 35m and extend the boundary further eastward to reflect the L&E Court approval.

The height control proposed by draft LEP 2011 has been established for this site by a rigorous and independent process. In preparing draft LEP 2011, Council did not attempt to create a site specific patchwork of controls to reflect development on individual sites. The proposed control is reflective of the height control for neighbouring sites zoned R4 and it is not considered necessary to increase the height beyond what is already proposed. Likewise, the boundaries between the various height controls have been established to align with property boundaries. The property owner is able to develop the site in accordance with the approval issued by the court regardless of the position of the proposed height control boundary and as such there is no need to alter the position of the height control boundary.

Requests that the heritage listing clarify that the listing only relates to the Scarba House and its curtilage and not the entire property.

The listing of Scarba Home in Part 1 Schedule 5 of the Standard Instrument Template is in accordance with the instructions for listing heritage items which include an address and real property description. The inventory sheet lists the item as Scarba Home and Remnant Gardens and while identifying various elements in the garden does not define exactly what the curtilage is. Before making any changes to the listing at the moment it would be preferable to identify exactly what the curtilage is on the inventory sheet and then amend the listing in LEP 2011 as an amendment at a later stage.

Recommendation: - Retain the zoning and development controls of the Scarba Home site as exhibited being R4 High Density Residential with an FSR of 1.5:1

and heights of 12.5, 20 and 28 metres. - Review the inventory sheet for Scarba Home to identify the cartilage of the heritage item.

ATTACHMENT 4

Specific Issue No. L4 – Proposed zoning of 117-133 Hall St Bondi Beach to R3 with an FSR of 0.6:1 and Height of 9.5m Submissions – 8 letters received Key Issues – Zoning; Development potential; Character of locality

Submission Comments Response Objects to the proposed zoning and planning controls. - Would change the character of this part of Hall St. - Will increase traffic. - Create even greater parking difficulty. - 125 Hall St is an Art Deco building which should be heritage listed

and could be demolished if the zoning proceeds. ‐ Would contribute to greater noise. Supports the proposed zoning and planning controls. - Greater FSR and Height allowance would change the current

attractive streetscape and local feel. - Do not support the ABC Planning submission for 125 Hall St to

increase heights and density. ‐ Properties at the rear i.e. 27&29 Roscoe should have similar

zoning and development controls to the consistent with Hall St. Supports the proposed zoning and planning controls. - Will help to retain the character of the streetscape. ‐ Considers the proposed development at 125&127 Hall St to be an

over development. ‐ Traffic and parking are already difficult and will become worse if

high rise buildings are approved. ‐ Redevelopment would change the character of this part of Hall St. ‐ 125 Hall St is an Art Deco building and should be heritage listed. ‐ Rezoning and potential larger buildings would create further noise

in the area. Supports the Residential Zone Review that recommended no change

The zoning in this locality as currently exists under LEP 1996 have been translated to an equivalent zoning in the draft LEP and the existing height and FSR have also been carried forward. No change to the development controls have been proposed in the draft LEP. 117-133 Hall St and 33-43 and 36-46 Roscoe St are currently zoned Residential 2(b) with and FSR of 0.6:1 and height of 9.5m. Development of this land consists predominantly of 1 and 2 storey attached and detached dwellings. The remainder of Hall and Roscoe Streets are zoned Residential 2(c1) with an FSR of 0.9:1 and height of 12.5m. Development of this land consists predominantly of 3 storey residential flat buildings. Under draft LEP 2011 all this land is proposed to be zoned to the equivalent zone of R3 Medium Density and the height and FSR are proposed to remain the same. Neighbouring land being161-181 Glenayr St is currently zoned 3(a) General Business with a height of 12m and FSR of 2:1. This has been translated into draft LEP 2011 to the equivalent zone of B4 Mixed Use with an overall height of 13m and FSR of 2:1 (Note that the increase from 12-13 metres was adopted by Council in 2008 as a result of the Local Villages Study and incorporated into the DCP).

to the development parameters in this locality. This will help retain the character and preserve the amenity in this pocket of Hall St. Requests increase in FSR from 0.6:1 to 0.9:1 and height from 9.5m to 12.5m for 125 Hall St. - Site is in close proximity to the commercial, retail, residential and

mixed use developments of Bondi Beach. - Requests that the site be allowed the same controls as its

neighbours. See submission for details.

The zoning of this land is as quoted above. 117-133 Hall St and 33-43 and 36-46 Roscoe St having a lower scale of development than the surrounding land provides a variation in architecture to the more intense scale of development on surrounding properties. There is no obvious reason to change the development pattern in this locality. While there is interest in redeveloping 125 Hall St, there does not appear to be any interest in redeveloping the neighbouring properties in this pocket. As such it is recommend that the zoning or development controls remain as exhibited.

Recommendation – Retain the zoning and development controls of 117-133 Hall St Bondi Beach being R3 with an FSR of 0.6:1 and Height of 9.5m as exhibited.

ATTACHMENT 5

Specific Issue No. L5 – Brown Street Conservation Area Bronte Submissions – 20 letters received Key Issues – Conservation Area Listing; Cohesiveness of Character of the Area; Waverley LEP 1996 (Amendment 33); Notification of Residents; Exempt and Complying Development

Submission Comments Response Objects to being included in the Brown Street Conservation Area. - Do not believe that the houses in Brown St and surrounding

streets have a cohesive historic and aesthetic significance over and above other houses in Bronte/Waverley.

- As such these houses should not be restricted by specific heritage guidelines that will affect all houses.

‐ Request that the Brown Street Conservation Area be removed from the Waverley Heritage Policy.

Draft LEP 2011 does not propose to list Brown Street Urban Conservation Area as the process for listing had already been undertaken through an amendment to Waverley Local Environmental Plan 1996 (WLEP1996), known as draft WLEP (Amendment No. 33) 1996 which was gazetted on 23rd December 2011. Draft LEP 2011 simply carries forward the listing that has already been created. Section 5.2 (Pages 50-51) of the Waverley Heritage Policy outlines the statement of significance and recommendations for the Brown Street Urban Conservation Area. The Policy states “The residential group forms a heritage conservation area of local significance as a representative and rare example of mostly cohesive timber cottage development from the early 20th Century having historic, aesthetic and social significance. This cohesive grouping of simple freestanding cottages of Federation Bungalow styles demonstrates the forms and styles employed as housing for Sydney’s working class in the early 20th Century. Residences whilst commonly altered, retain the external forms, fabric and detailing from the original period of construction”.

Expressed dissatisfaction with the lack of notification about this proposed heritage conservation area and the lack of information about the affect of the listing. Was of the belief that this proposed heritage conservation area was defeated three years ago and was not aware that it had been raised again.

Creation of the Brown St Urban Conservation Area has already been undertaken through an amendment to Waverley Local Environmental Plan 1996 (WLEP1996), known as draft WLEP (Amendment No. 33) 1996 which was gazetted on 23rd December 2011. Please see the main body of the report for details relating to notification of property

owners and a potted history of the process of preparing Draft WLEP (Amendment No. 33) 1996.

Objects to the fact that being in a heritage conservation area, the owners will not have the benefit of SEPP Exempt and Complying Development and will therefore need to apply to Council for all minor modifications.

Some minor & low impact works may be undertaken as either exempt or complying development under State Environmental Planning Policy (Exempt and Complying Development Codes) 2008. There is no blanket restriction for minor works to properties listed as items or properties within heritage conservation areas. Exempt development may not be carried out on items listed on the State Heritage Register or items that are subject to an interim heritage order under the Heritage Act 1977.

Objects to being included in the Brown Street Conservation Area. - Proposal will ward off potential buyers of property in this select

corner of the local market. - Want to see the area rejuvenated with younger families. - Council can examine development proposals on a case by case

basis without putting a blanket caveat on all properties.

It is not necessarily so that a conservation area listing will ward off potential buyers of properties. Some people seek out properties in conservation areas because they wish to live in locations that retain a cohesive historic and aesthetically appealing character.

Support for the creation of the conservation area. - Believes that the houses in Brown St and surrounding streets have

a cohesive historic and aesthetic significance that warrants protection.

‐ Will ensure that no further mutilation occurs of attractive houses in the area.

Noted.

Recommendation – Retain the Brown Street Urban Conservation Area listing in Schedule 5 of Draft LEP 2011 as exhibited.

ATTACHMENT 6

Locational Issue No. L6 – Bronte (Including Bronte RSL Sub-Branch Site) Submissions – 6 letters received objecting to the provisions as drafted. Key Issues – Scale of development; Impact on amenity; Conservation of Bronte Plateau; Articulation of strategic direction; Retention of existing character of the area.

Submission Comments Response Objects to the prohibition of Function Centres and Registered Clubs in B1 Neighbourhood Centre zones. - Long standing existence in the community, - Unlikely for new clubs to be established. Objects to the prohibition of Residential Accommodation in the B1 Neighbourhood Centre zone. - There are many other controls Council can use to manage

uses such as multi dwelling housing and residential flat buildings.

Objects to the proposed height and FSR of the RSL Club’s Sub-Branch site and proposes a height of 16m and FSR of 2:1. - The site context is unique as it is large and located

adjacent to a 13 level development. - The proposal is consistent with aims and objectives of the

Metropolitan Plan. - The proposed density will be a catalyst for redevelopment

of the site which is in urgent need of attention. - Has potential to increase housing choice in the area. - There is an urban design disconnect between a

development that would be achieved under the current controls and the adjacent 13 level development.

- The proposed 5-6 storey development is unlikely to have significant impacts on the surrounding built environment or

The Bronte RSL Sub-Branch is currently zoned Neighbourhood Business 3(c) and is proposed to be zoned to the equivalent B1 Neighbourhood Centre zone under draft LEP 2011. Function Centres and Registered Clubs are both prohibited uses under the current zone and this prohibition has been retained under draft LEP 2011. Under the Standard Template LEP Function Centres and Registered Clubs are mandated permissible uses in the B3 Commercial Core zone and B4 Mixed Use zone. However the Standard Template is silent in relation to the B1 Neighbourhood Centre zone allowing Councils to decide whether to permit these uses depending on local circumstances. The objective of the B1 Neighbourhood Centre zone is “To provide a range of small-scale retail, business and community uses that serve the needs of people who live or work in the surrounding neighbourhood. While the RSL Sub-Branch may have existed on this site for many years, it is not considered that a Registered Club or Function Centre is entirely consistent with the objective of this zone. Typically these uses are of a much greater size and intensity than the scale of development envisaged for a neighbourhood zone. As such, permitting these uses throughout all the B1 Neighbourhood Centre zones is considered to be contrary to the intent of the zone. As the RSL Sub-Branch is currently in existence it is free to operate and be modified subject to any existing use provisions it may have under the EP&A

impacts on the local traffic network. Raises concerns about the scale of development that might occur on the Bronte RSL Club site. - The overarching requirement is that this site be

developed in sympathy with the surrounding neighbourhood and in recognition that the only access is via Macpherson St.

- Under the impression that high rise/high density developments were restricted to Bondi Junction.

- Height/Bulk of any new development must be restricted so as not to exceed present 2/3 storey housing mix in this area with adequate setbacks to minimise adverse impacts on neighbouring properties in terms of overshadowing, wind tunnel effects etc.

- Were the RSL club facility to remain as part of any new development it should be required to comply with stricter licensing laws limiting the hours of operation, noise levels etc.

- The existing club does provide a social facility for members and a venue for limited range of community activities, an aspect which should be retained under any new development.

- Any retail facilities incorporated in a new development must also be in character with the neighbourhood shopping strip.

- Impact on traffic/parking is of primary concern and needs to be controlled in any new development. Macpherson Street is already becoming increasingly congested and on-street parking is becoming increasingly scarce.

‐ Recent proposals for a 6 storey aged care facility and a 1000m2 retail space did not appear to reflect the Desired Future Character Objectives as detailed in the Part E3 of the DCP.

Bronte Beach Precinct Committee request that the floor space of the RSL club be limited, the height be limited to 13 metres

Act 1979. Likewise, function centres may be permissible as an ancillary use to the club. As such it is not considered necessary to make these uses permissible in the zone. Residential Accommodation is a group term and encompasses all forms of residential development. Stand alone residential development is not considered appropriate in a business zone as it would fragment the business activities in the business centre and ultimately undermine the integrity of the zone. As such, the group term is prohibited. However, residential development in the form of Shop Top Housing is permissible. This includes one or more dwellings located above ground floor retail premises or business premises. The proposed height control and FSR for this business centre is 13m and 1:1 respectively. This is consistent with most of the other Neighbourhood Business zones in the Municipality which range from 9-13m in height and 1:1-1.5:1 FSR. The height controls in particular were established following a detailed study of all the Local Village Centres. Part E3 of draft DCP 2011 contains built form controls for all the local villages and objective 3.1.2(c) recognises the RSL Sub-Branch building as being an important community building and a key site in the centre. However it also recognised that due to difference in ground levels between the two street frontages of the site, it is appropriate that any future building be stepped down at the rear and comply with the relevant control diagrams. It is noted however, that the DCP requires vehicular access to be provided from a side street or rear lane and not from Macpherson St. Notwithstanding the existence of Part E3 of the DCP, it may be advantageous to prepare more specific controls for this specific site in consultation with the stakeholders. These controls could then be included into a future amendment of the DCP.

and any new development be stepped down at the rear due to the considerable change in levels. Would like to see the Bronte Plateau be protected by an Urban Conservation Area.

Council’s Heritage Advisor has provided the following comments on this matter: To qualify as a Heritage Conservation Area there needs to exist an identifiable theme or commonality in the existing fabric and or setting. Whether evident in aesthetic forms, landscapes, recorded outcomes of historical activities, substrata of archaeological evidence, or other common factors the setting must continue to retain that link. The areas associated with the 19th Century Palmerston Estates subdivided by the Intercolonial Investment Company in the 1890’s have historic association with the residence Palmerston (early 1850’s) to the west. Palmerston remains a rare example of the 19th Century marine villas which initially defined European settlement of Sydney’s east.- Bronte House being the only comparable example remaining in Bronte. The Bronte Plateau (north) does not detail any demonstrable activity or features associated with Palmerston or its long term resident William Spain, lawyer and former member of the Legislative Assembly. After Spain’s departure in 1874 a series of occupants either subdivided the property or purchased the property with grounds already sold off. By the early 1900’s the residence had been effectively isolated from its former grounds including the areas to the east, which were subdivided by the Intercolonial Investment Company. The 1943 aerial survey of Sydney indicates that the estates were not consistently developed. Buildings existing at this time were quiet clearly of varied form, construction and age with consistent groups limited to pairs and in some cases three similar cottages, usually of hipped metal roofed vernacular forms interspersed between later Federation style semi detached and free standing residences, Inter War bungalows and residential flat buildings. Subdivision patterns are also seen to vary with block widths ranging from narrow to generous frontages, the later possibly the result of amalgamation. Consistency is limited to set backs, wide street verges resulting from Depression era road construction and gridded street plans providing a degree

of pallisading to rows of residences orientated south to Bronte Beach and Bronte Gully. A number of early 20th Century residences in the parallel streets forming Bronte Plateau north have been included in past and recent heritage surveys. These surveys have not made recommendation for identification of the area on the basis of specific character. Similarly the Bronte Character Study does not identify characteristics likely to qualify as a Heritage Conservation Area but rather a broad response of varied building styles and forms to established topography and scenic outlook. It is reasonable to request consideration of the Bronte Plateau north as a potential Conservation Area in future heritage reviews however it must be noted that for this to have credibility there must be identification of cohesive and notable aspects distinguishing the location based upon criteria established by the NSW Heritage Office. Council officer advises that for such a conservation area to be created,a number of steps need to be carried out: - Council must first resolve to conduct a heritage assessment and report

back to Council with the recommendations. - The proposal needs to be exhibited and residents notified and given the

opportunity to comment. - If considered appropriate to proceed, the matter adopted as a policy of

Council, and - The proposal then be given statutory effect through an amendment to the

LEP at some time in future.

Amend plan objective 1.2(2)(g) to include the words natural, aesthetic, social and built heritage.

The suggested change is appropriate and can be included as the wording of this objective is not mandated by the Standard Instrument Template.

Add the following additional objectives to Clause 1.2(2) - To promote ecologically sustainable development. - To facilitate walking, cycling and the use of public

transport.

The suggested objectives do not relate specifically to matters in the LEP and are more suited for consideration in the DCP. This matter will be addressed in a separate report to Council on the DCP.

- To ensure all residential development maintains the existing character of the area.

- To ensure that action on climate change is adopted.

The ‘Proposed Heritage Map’ should also include a number of additional Conservation Areas for both:

- Heritage Urban Conservation and - Landscape Conservation.

Council’s Heritage Advisor has provided the following comments on this matter: The extension of urban conservation areas is justifiable where there exists an identifiable theme or commonality in the existing fabric and or setting. Whether evident in aesthetic forms, landscapes, recorded outcomes of historical activities, substrata of archaeological evidence, or other common factors the setting must continue to retain that link. Similarly, the establishment of additional landscape Conservation Areas needs to be considered in terms of the ability of these to demonstrate themes, rarity or commonality in the existing natural and or man made fabric. It would be legitimate to list a landscape conservation area if this was the established historic pattern or intent of the original locality but this does not justify planting which effectively removes much of the historic character. The precinct is invited to identify any such areas which would be considered in future heritage reviews however it must be noted that for this to have credibility there must be identification of cohesive and notable aspects distinguishing the location based upon criteria established by the NSW Heritage Office. Council officer advises as stated above, that for such conservation areas to be created, a number of steps need to be carried out: - Council must first resolve to conduct a heritage assessment and report




LEP at some time in future.

Consider that for a number of the proposed zonings there should be some additional objectives included which we have listed which would ensure that proposed development for the various zonings meet with a more strategic vision for Waverley Municipality.

The Precinct Committee has suggested amendments to some of the proposed objectives and inclusion of some additional objectives for various zones in the Plan. Most of the proposed amendments relate to mandated objectives which cannot be altered. An amendment proposed to an objective of the RE1 Public Recreation zone, that Council included in the Plan, has been assessed and is considered appropriate for inclusion in the Plan. This relates to the inclusion of the words “for all – the old, the young, the infirm and the disabled” at the end of the fourth objective. (Note that the Bondi Beach Precinct Committee also requested an amendment to the wording of this objective which can also be included). Additional objectives can be added where they do not replicate or conflict with mandated zone objectives and relate to matters dealt with in the zone. Many of the suggested objectives do not relate specifically to matters in the zone and are more suited for consideration in the DCP. These objectives will be considered in the report to Council on the DCP. However two additional objectives proposed for the B1 Neighbourhood Centre zone have been assessed and considered appropriate. These are recommended below for inclusion in the zone objectives.

Request that the maximum Building Height of the area north of Macpherson Street and west of Leichhardt Street be adjusted to J2 and a maximum of 9.5m to reflect adjoining development on the same side of the street.

Land on the northern side of Macpherson St in this locality and on the north-eastern side of Leichhardt St currently has a height limit of 9.5m. Land on the opposite side of Macpherson St currently has a height limit of 12.5m. Land on the corner of Macpherson St and Leichhardt St which is proposed to be rezoned to R3 Medium Density is proposed to have a height limit of 9.5m to be consistent with surrounding height limits as requested by the Precinct Committee.

Request that the area on the south side of Macpherson St which returns south along the west of Leichhardt St be zoned with a maximum building height of 9.5m consistent with surrounding development. The area also contains a number of heritage items which may be at threat.

The subject land is currently zoned 2(c1) and permits development to a height of 12.5m. This control has been carried forward into the draft LEP. There does not appear to be any valid reason for reducing the development potential of this land. Sites with heritage items are still able to be developed and still retain the significant features of the heritage items.

Support Council’s alternative zoning of Schools and Places of Public Worship and zone these SP2 Infrastructure.

Noted

Request that objective (d) to Clause 4.3(1) Height of Buildings be amended to remove the word “ensure” and replace it with the word “mandate”.

There needs to be some flexibility in the application of development standards. Placing the height of building controls in the LEP as opposed to the DCP means that in future they will be subject to Clause 4.6 Exceptions to Development Standards which allows some variation to the controls specified in the height of building maps where justified. Clause 4.6 operates in a similar manner to the current SEPP 1 and includes the circumstances under which development standards may be varied. This is a much more rigid process requiring justification for varying the standard than the current process where the control is contained in the DCP. As such it is not considered appropriate to alter the wording of the objective as requested.

Request four additional objectives be added to the objectives already specified in Clause 4.3(1).

Directions from the DoPI in relation to the drafting of objectives state that objectives should be limited to a maximum of 3-4 for each provision. Clause 4.3(1) currently has 4 objectives so there is no opportunity to add additional objectives. However objective (d) could be amended to incorporate part of one of the suggested objectives by adding the words “and positively complements and contributes to the physical definition of the street network and public spaces”. The remainder of the objectives could be considered in the appropriate section of the DCP.

Request the addition of the words “and streetscape of the area” after the word scale in objective 4.4(c)

The addition is considered appropriate and can be incorporated.

Request the inclusion of an additional objective in Clause 4.4. As stated above, it is not possible to include an additional objective. However objective (d) could be amended to incorporate part of the suggested objective by adding the words “and minimise the adverse impacts on the amenity of the locality”.

Request removal of the words “and desired future” from objectives 4.3(1)(d) and 4.4(1)(c)

As Council drafted these objectives, the removal of the phrase can be undertaken.

Request amendment to the objectives and provisions of Clause 4.4A Floor Space Ration Incentive for Affordable Housing and inclusion of additional objectives.

Clause 4.4A was drafted by the DoPI and as such cannot be changed. See the main body of the report for additional discussion on the Affordable Housing provisions.

Request amendment to the wording of Clause 5.4(3) Controls Relating to Miscellaneous Permissible Uses – Home Industries.

This clause is a standard provision within the Standard Instrument Template and cannot be altered.

Request removal of the words “To encourage” from objective (d) of Clause 5.6 Architectural Roof Features in relation to the placement of plant and lift over runs in the basement.

The LEP cannot mandate that plant and lift over runs be placed in the basement. As such the word encourage is considered appropriate and no change is recommended.

Request the inclusion of additional objectives and amendment to the wording in Clause 5.6.

As stated above, additional objectives cannot be added as there are already four objectives in this clause. This clause is also a standard provision within the Standard Instrument Template and cannot be altered.

Request amendment to the objectives and wording of provisions in Clause 5.9 Preservation of Trees and Clause 5.10 Heritage Conservation.

These clauses, including their objectives, are also a standard provisions within the Standard Instrument Template and cannot be altered.

Request amendments to the objectives and provisions in Clause 6.2 Earthworks.

Clause 6.2 is a Model Local Provision, the wording of which was provided by the DoPI for all Councils to use. As such the wording cannot be changed.

Request the inclusion of additional local provisions in Part 6 of the LEP relating to Streetscape, Sustainable Design/Climate Change, Design Excellence (and Sustainable Design), Security, Loss of Amenity and Stormwater Runoff.

All of the matters requested by the Precinct Committee are detailed design issues which are considered more appropriate for consideration for inclusion in the DCP. These matters will be considered in a separate report on submissions received on the DCP to be referred to Council shortly.

Four additional items have been suggested for inclusion in Schedule 5 Heritage Items.

As stated above, for these properties to be included in Schedule 5 as heritage items, a number of steps need to be carried out: - Council must first resolve to conduct a heritage assessment and report




LEP at some time in future. Recommendation: - That stakeholders be invited to enter into discussions to prepare site specific controls for the Bronte RSL Club Sub-branch Site. - Amend Objective 1.2(2)(g) to read “To identify and conserve the cultural, environmental, natural, aesthetic, social and built heritage of the

Waverley local government area”. - Amend the fourth objective in the RE1 Public Recreation zone to read “To facilitate and manage public access to and along the coastline for

all – the old, the young, the infirm and the disabled.” - Include the following objectives in the B1 Neighbourhood Centre zone:

o To ensure that non-residential uses do not result in adverse impacts to the amenity of existing and future residential premises. o To strengthen the viability of Waverley’s existing business centres as places of vitality for investment, employment and cultural

activity. - Amend objective (d) in Clause 4.3(1) Height of buildings to read “To ensure that buildings are compatible with the height, bulk and scale of

the existing character of the locality and positively complements and contributes to the physical definition of the street network and public spaces”.

‐ Amend objective (c) in Clause 4.4(1) Floor Space Ratio to read ”To ensure that buildings are compatible with the bulk, scale, streetscape and existing character of the locality”.

‐ Amend objective (d) in Clause 4.4(1) Floor Space Ratio to read “To establish limitations on the overall scale of development to preserve the environmental amenity of neighbouring properties and minimise the adverse impacts on the amenity of the locality”.

ATTACHMENT 7

Specific Issue No. L7 – Zoning of MacPherson and Leichhardt Streets (including St Catherine’s School) Submissions – 12 letters received objecting to provisions as drafted. Key Issues – Increased scale of development; Impacts on amenity; Development potential of surrounding area; Controls relating to Schools.

Submission Comments Response Objects to the proposed rezoning of MacPherson and Leichhardt Streets: - Area is already densely populated, - 9.5m height would allow three storeys ‐ Will contribute to increased population,

congestion on roads, dangerous road conditions, noise, loss of existing character, social degradation, potential loss of views and decrease in property values.

‐ Concerned about the scale of development that might occur on the site.

‐ Allows redevelopment of the school with huge financial gain to the landowners.

‐ Love the existing community aspect, quiet streets and parks.

The area is located on the corner of Leichhardt and MacPherson St Waverley. The land is currently zoned Residential 2(a) and is surrounded by Residential 2(b) and 2(c1) zones and Special Uses School. The area adjoins St Catherine’s School and residential flat buildings to the north. Development on the opposite side of the street consists predominantly of 1 & 2 storey cottages and some residential flat buildings.

The current zoning appears anomalous considering the existing development and surrounding zoning and developments. Development in this location consists predominantly of a number of 2 & 3 storeys residential flat buildings, 1 & 2 storey cottages and 2 storey terraces. Both Leichhardt and MacPherson Streets are wide and have good visibility. The area is in close proximity (walking distance) to local shops and services in both MacPherson St and Bronte Rd.

The proposal is to zone the land R3 Medium Density with an overall height control of 9.5m and FSR of 0.6:1 to be consistent with the zoning on the opposite side of Macpherson St. The combination of these two controls typically allows development of a two storey building which is consistent with building forms in the locality. The zoning would allow buildings to be in the form of two storey flats which are also consistent in the locality.

As such, it is recommended that the zoning and development controls remain as exhibited.

Requests that the heritage listed 59 Macpherson St be downzoned in order to protect the areas heritage.

59 Macpherson St is located in the business centre and is proposed to be zoned B1 Neighbourhood Centre with a height control of 9m and FSR of 1:1. The heritage provisions in the LEP and controls in Part E3 of draft DCP 2011 are considered sufficient to allow development to occur while still protecting the heritage significance of the building. As such, down zoning the property is not considered necessary.

Request down-zoning of the southern side of McPherson St and that the height controls be reduced.

The southern side of MacPherson St is currently zoned Residential 2(c1) with a height control of 12.5m and FSR of 0.9:1. While Macpherson St may be heavily trafficked as expressed in the submission, it is still an important transport and bus route. Accepted planning practice suggests that locations on transport corridors are better suited to higher densities. As such, down zoning the southern side of Macpherson St is not considered appropriate.

Submission on behalf of St Catherine’s School: ‐ Supports Council’s proposed alternative

zoning of SP2 – Infrastructure but requests that should the SP2 zone be allowed by the DoPI that it apply to the entire school site.

‐ Requests that no building height controls be applied but if a building height control must be applied, that it be set at 12m consistent with the provisions of the Infrastructure SEPP.

‐ Requests that no FSR control be applied. ‐ School buildings by their nature, deed to

be designed as flexible and adaptable buildings that can respond to changing needs and technology.

‐ SEPP (Infrastructure) 2007 applies a building height of 12 metres for complying development.

See the main body of the report for discussion on the zoning of Educational Establishments where it is recommended that Educational Establishments be zoned SP2 Infrastructure. One of the main reasons for this is to give the community some degree of certainty that the school will continue to operate as a school and will not close and be developed for another purpose without the opportunity for community input. Likewise, the community requires some level of certainty in relation to the height and FSR of buildings on the school site. A height and FSR consistent with surrounding development controls has been applied. While it is acknowledged that SEPP (Infrastructure) 2007 permits certain buildings to be built as Complying Development, there are a number of conditions and safeguards that must be satisfied in order to protect the amenity of neighbouring properties. The height and FSR controls specified in the Draft LEP for school sites set benchmarks that are consistent with surrounding developments. Where a school proposes a building that exceeds those benchmarks, adequate justification need to be given and the community given an opportunity to comment. As such it is considered that the height and FSR controls should remain as exhibited.

Recommendation: ‐ Retain the zoning and development controls of properties on the corner of MacPherson and Leichhardt Streets as exhibited being R3

Medium Density Development with an FSR of 0.6:1 and height of 9.5 metres. ‐ That in accordance with the recommendation for all school sites, the entire St Catherine’s School site be zoned SP2 Infrastructure –

Educational Establishment and the height and FSR control remain as exhibited.

ATTACHMENT 8

Locational Issue No. L8 – Bondi Junction Issues Submissions – 6 letters received Key Issues – Requests for rezoning; Requests for increased FSR & Height controls; Urban design; Future growth; Permissibility of residential development

Submission Comments Response Submission in relation to 1,3 & 5 Bondi Rd and 2 Waverley Cres. - Proposes change to the zoning from RE1 Public Recreation to R3

Medium Density to allow for the potential of medium density development.

- Also proposes amendment of height and FSR maps to apply controls of 12.5m height and 0.9:1 FSR and removal of 5 Bondi Rd and 2 Waverley Cres from the Land Acquisition Map.

Justification: - Cost of acquiring 1 & 3 Bondi Rd is greater than originally

budgeted and raises question of cost benefit. - There will be a net community benefit because the funds realised

from the redevelopment of the site will contribute to increasing the amount of open elsewhere.

- Increasing the size of Fingleton Reserve will not increase its utility due to its location and topography. The funds would be better spent elsewhere.

- Proposal satisfies State and Regional policies by providing housing close to services and transport.

- Consistent with SEPPs and Sec. 117 Directions.

The site is currently identified for land acquisition under LEP 1996 with the intention for Council to purchase all four (4) properties to expand Fingleton Reserve. Council currently owns properties 1 & 3 Bondi Road. Under Draft LEP 2011, the land is zoned RE1 Public Recreation and properties 5 Bondi Rd and 2 Waverley Cres. are reserved for future acquisition. The submission's proposal would result in a loss of an opportunity to expand an existing portion of public open space and is not supported by any evidence that the existing site is inappropriate for open space purposes due to its location. Council's Recreation Needs Study 2008 identifies that there is a strong demand for - although limited availability of - existing open space. There is also no indication of potential locations for future open space areas to compensate for the loss of this land or evidence that funds would be better spent on increasing open space elsewhere. Council is currently considering the development of an Open Space Strategy and it is anticipated that the Fingleton Reserve site and the adjacent reservation will be reviewed as part of this study to determine the usefulness of the existing open space and proposal for its expansion. At this stage there is insufficient evidence to support the rezoning until an Open Space Strategy is undertaken and recommends otherwise. It is therefore recommended that no change be made to the DLEP in regard to this site.

Submission on behalf of Westfield Limited: - Request an increase in FSR from 8:1 to 10:1. - Request an increase in Height from 60m to 100m. - Needed to continue to develop and respond to retail and

commercial growth in an appropriate manner. ‐ Many existing buildings are already of the same or greater height

than the proposed control.

Council is in receipt of 6 submissions and a Planning Proposal in relation to Bondi Junction, 5 of which propose significant changes to the planning regime involving either increases in height and FSR to major land holdings or changes to permissible uses that could have a significant effect on the manner in which the Bondi Junction Centre develops. Following the approval of funds from the DoPI’s Planning Reform Fund Council has initiated a process to conduct an urban design review of the Bondi Junction Centre. Tenders have been called for and a preferred consultant has been selected and is currently undertaking the study. The study is proposed to be completed in June. The study will create a context by which to assess these submissions and as such, it would be prudent to await the result of the study before making any decision. It is therefore recommended to not make any changes to the zoning of land or the planning controls that apply in the Bondi Junction Centre. Once the Bondi Junction Urban Design Review has been completed, findings and recommendations may then be considered by Council and if considered appropriate, changes to the planning regime can be incorporated into a future amendment to the LEP.

Submission on behalf of Hollywood Investments and Bondi Junction RSL: - Submission relating to land in Hollywood Ave and Ebley St

currently zoned B3 Commercial Core under Waverley LEP (Bondi Junction Centre) 2010.

- Request land be zoned B4 Mixed Use. Justification: - A number of the buildings in this location already contain a mix of

uses including retail, office and residential. - There has been an absence of development occurring in this

location and this is likely to continue under the current B3 zone while a B4 zone will stimulate investor confidence and interest.

- Would allow for the potential for a more compatible use adjacent to

As above, the points raised in this submission should be considered following completion of the Urban Design Review of the Bondi Junction Centre.

the residential zoned land. ‐ The Bondi Junction Centre has ample capacity to satisfy the

employment target despite the potential loss of jobs on the subject land.

Submission on behalf of Easts Group: - Easts Group raise no issues with the draft LEP in relation to the

East Leagues Club site. - Request to be briefed on the basis for the heritage listing and

implications for the on-going management of the Waverley Bowling Club site.

‐ See also comments on the draft DCP

Noted.

Submission on behalf of Eastgate Shopping Centre: ‐ The prohibition of residential accommodation (other than shop top

housing) may limit how the owner may incorporate residential development as part of the commercial/retail mix of the Eastgate Centre and therefore request that Residential Flat Buildings be permitted in the B4 Mixed Use zone.

‐ The limited FSR on the Eastgate Centre has significant strategic consequences for the site and Bondi Junction and therefore request an FSR commensurate with the Westfield Centre being 8:1.

‐ The height of the southern portion of the site, being 32m makes no allowance for an urban design lead outcome possible on a site of this size and requests that the height control be deferred pending a centre urban design review to confirm the appropriateness of a greater minimum height.

‐ Considering the specifics and extent of the Centre frontages (utility accessways, foyer entrances and shopping centre entrances) the Active Street Frontage clause is not considered practical or reasonable.

See also comments on the draft DCP

The B4 Mixed Use zone reflects the location of the Eastgate Centre within Bondi Junction. This is primarily a commercial zone particularly at ground level where it is important to maintain commercial activities in order to ensure an active vibrant centre. Shop Top Housing retains the commercial uses at ground level and is therefore considered appropriate. However, Residential Flat Buildings by their design and nature would fragment this continuity of commercial activity and as such are not recommended to be included in the B4 Mixed Use zone. The other points raised in this submission should be considered following completion of the Urban Design Review of the Bondi Junction Centre.

Submission on behalf of Property owners of 344-354 Oxford St: - Request that the boundary between the B3 Commercial Core and

B4 Mixed Use zones be moved eastward to Vernon St so as to include the site in the B4 zone.

The points raised in this submission should be considered following completion of the Urban Design Review of the Bondi Junction Centre.

Justification: - 350-352 contains an existing development consent for a 6 storey

mixed use development which if constructed would sterilise the two other sites.

- Developing the entire site for commercial purposes would not achieve the 1000m2 commercial floor plate desired by the DoPI.

- There has been limited commercial office space development occurring in the western end of the centre since the current Bondi Junction Controls have taken effect.

- The requested B4 zone would facilitate a viable project stimulating further development investment into Bondi Junction.

- There is ample commercial capacity in the centre to meet employment targets.

- The proposal is consistent with Council’s original zoning intent for the site.

- The proposal will increase dwelling supply. ‐ The proposal will still generate employment outcomes. Recommendation - That the zonings and development controls relating to Bondi Junction remain as exhibited in terms of Draft LEP 2011 and be considered

following completion of the Bondi Junction Urban Design Review. - That the zoning of 1,3 & 5 Bondi Rd and 2 Waverley Cres remain RE1 Public Recreation pending the outcome of an Open Space Strategy.

ATTACHMENT 9

Locational Issue No. L9 – Bondi Beach Submissions – 7 letters received Key Issues – Zoning; Requests for increased development potential; Heritage listing; Public hearing; Noise; Open Space and Proliferation of Alcohol Outlets

Submission Comments Response ‐ Lamrock is a dumping ground for rubbish and needs a clean up. ‐ Single bin from TRIO restaurant.

These matters have been reported to the Customer Service Centre and work requests have been issued.

Submission on behalf of the owners of 13 O’Brien St Bondi Beach: Requests that the existing residential zone be removed and the business zone be extended to include Nos 9-13 O’Brian St:

- The existing buildings were constructed for commercial purposes and are not suitable for residential purposes.

- Properties are held in separate ownership and therefore unlikely to be consolidated for redevelopment.

- The potential redevelopment of the properties on an individual basis for residential purposes is constrained due to their narrow configuration.

- Construction on the former Hakoah Club site will reinforce the commercial character of the area.

- The properties form a consistent row of older style shops and facades.

- It will remove complications associated with non-conforming uses in the residential zone.

- The properties are located just east of the main business spine along Hall St.

- Will reinforce the business role of O’Brien St. ‐ The same planning logic adopted at the southern end of Curlewis

St should be applied the this site.

Nos 9-15 consists of four buildings in the same situation i.e. 2 storey mixed use developments each strata subdivided into numerous apartments. No 15 is zoned commercial with an FSR 2:1 & 13m height. Nos 9-13 are zoned R3 Residential with an FSR .9:1 and 12.5m height. Properties to the rear in Roscoe St consist of 3 storey residential flats buildings. While being mixed use, 9-13 appear to be predominantly residential while 15 appears to be predominantly commercial. This submission may have merit however it is difficult to determine without closer examination of the situation. It is not considered the function of this process to examine such proposals. However such a proposal could be the subject of a future Planning Proposal where the matter could be given the detailed consideration that is warranted. As such, it is not recommended to make any change to the zoning at this point in time but that consideration be given to a future Planning Proposal should one be submitted.

Submission 1 on behalf of Ravesi’s Hotel P/L Requests an increase in FSR from 3:1 to 3.6:1 and height from 15 to 18.5m for 118 Campbell Pde and an increase in FSR from 3:1 to 5:1 and height from 15m to 21m for 10-14 Hall St: - Previous approval for a 5 storey boutique hotel with 30 suites on

the Hall St site did not proceed due to marginal financial viability. - The requested amendments will increase potential hotel suites

from 42 to 61 suites. - The proposal will facilitate new development on the site. - Will provide much needed hotel accommodation. - The resulting built form would be commensurate with the

surrounding building heights etc. ‐ The resulting built form would not impact on surrounding views

from existing developments and will not result in any additional shadow impacts on public areas.

This submission may have merit however as with the submission above, it is difficult to consider such a submission with the information that has been submitted. Further, as stated above, it is not considered the function of the exhibition of this comprehensive LEP to examine such a significant variation to the planning controls. However such a proposal could be the subject of a future Planning Proposal where the matter could be given the detailed consideration that is warranted. As such, it is not recommended to make any change to the controls at this point in time but that consideration be given to a future Planning Proposal should one be submitted.

Submission 2 on behalf of Debilu P/L owners of Ravesi’s Hotel: ‐ There is no proper basis to the proposed listing of Ravesi’s as a

heritage item; ‐ The schedule of heritage items in the Draft LEP is unclear as it

refers to Ravesi’s not as Ravesi’s, nor as Ravesi’s hotel, but as an Inter War style residential flat building;

‐ Ravesi’s contains little of the original fabric and does not warrant and is inappropriate for heritage listing;

‐ No inspections have been carried out by Council staff of the interior of Ravesi’s;

Council’s Heritage Advisor has provided the following comments on this matter: “The current building identified as the Ravesi Hotel was substantially extended during the 1990’s. The building previously and for most of its life stood as Ravesi’s Store completed in 1914. Erected and detailed in Federation Arts and Crafts Style the two storey structure occupied a prominent corner in the initial beach front development. So much so that the location became known as Ravesi’s Corner in keeping with the early 20th Century association of local focal points with the owners of structures and services (notably shops) located there. The locality names and the buildings supporting the names frequently remained long after the original owners departed. The significance of Ravesi’s Building to both the streetscape and the social setting was acknowledged in the form of seamless additions proposed at the time of the 1990’s alterations. The widely acknowledge basis of seamless addition is the maintenance of a building’s aesthetic qualities through cohesive addition in kind. Such was stated as the intent of additions to Ravesi’s despite removal of the original interiors. The approach is comparable

‐ No notice has been given to Debilu Pty Ltd of the proposed

heritage listing; ‐ The heritage map is unclear in that it does not clearly show the

site as a proposed heritage item; ‐ Whereas the 3(a) General Business zone is an indicator of

primacy in the existing hierarchy of business zones, the proposed B4 Mixed Use zone is not an adequate equivalent; and

to numerous listed buildings and was recently proposed by a noted heritage practise for the listed residence Rocky Mount at Bronte despite the additions doubling the size of the residence. The historic form, external detailing and relationship of building to setting at Ravesi’s remain evident as does the association of the named building with the location. These are aspects of local heritage significance providing an identifiable justification for the listing in Waverley LEP Heritage Schedule. The argument that the building has been altered and extended is not considered a valid objection to listing as it relies on the basis that even cohesive alteration will remove all heritage significance. Acceptance of such an argument is not supported in the provisions of the NSW Heritage Act and internationally accepted conservation practice”. In relation to notice being given to the owner of the property in relation to heritage listing, please see the main body of the report for details. The heritage map identifies 118-120 Campbell Pde as being both a Heritage Item and within an Urban Conservation Area. In their submission, the writer suggests that the B2 Local Centre zone may have been the more appropriate zone for Bondi Beach centre and also suggests that under LEP 1996 the 3(a) Business General zone that currently applies, is the highest in the hierarchy of business zones. Planning Practice Note PN 11-002 “Preparing LEPs using the Standard Instrument: standard zones”, provides direction to Councils preparing comprehensive LEPs and advice on the intended purpose of the new zones. The Practice Note makes no comment on a hierarchy of zones and makes no suggestion that zoning a centre B2 Local Centres zone would indicate the centre enjoys greater primacy than a centre zoned B4 Mixed Use zone. The B4 Mixed Use zone is entirely appropriate for the Bondi Beach centre and the objectives of the zone are consistent with the nature of the centre i.e.

‐ Building heights, where a building already exceeds 15m (as now)

should not be limited to 15m. The writer submits that the matters raised in the submission should be the subject of a public hearing.

‐ To provide a mixture of compatible land uses. ‐ To integrate suitable business, office, residential, retail and other

development in accessible locations so as to maximise public transport patronage and encourage walking and cycling.

‐ To provide for commercial and residential uses within new mixed use development that are compatible with surrounding development and do not compromise the amenity of surrounding residential areas.

The hierarchy of centre has been established primarily through the Metropolitan Planning process and in particular the East Subregion Draft Subregional Strategy which identifies Bondi Junction as a Major Centre, Bondi Beach as a Town Centre and the other centres as either Small Villages or Neighbourhood Centres. This is quite different to the zoning of the centre and there is no suggestion that one zone cannot be used in two or more category of centres. The Standard Template LEP does not include a provision similar to the one in Waverley LEP 1996 which allows a building to be rebuilt to the height of an existing building regardless of the stated height control and such a provision is not considered necessary. A reasonable assessment of any future development application would take into consideration characteristics (including height) of the existing building that is proposed to be replaced. In preparing draft LEP 2011, Council did not attempt to create a site specific patchwork of controls to reflect development on individual sites. The proposed height control of 15m has been established as the appropriate height control for development in the Bondi Beach Centre and there is no evidence to suggest that the control should be increased beyond what is already proposed. Variations to this control can be considered on an individual basis pursuant to clause 4.6 of the LEP “Exceptions to Development Standards” subject to the provisions of that clause. It is considered that all the issues contained in this submission have been adequately addressed as set out above and that no matters are

of such significance as to warrant a Public Hearing. As such, A Public Hearing is not considered necessary nor recommended in this instance.

Submission on behalf of the owners of 145-157 Curlewis St: Supports the proposed zoning of B4 Mixed Use but objects to the proposed height and FSR controls. Suggests an increase in height from 13 to 15m and increase in FSR from 2:1 to 3:1 is required to encourage redevelopment to occur.

‐ The subject site consists of four separate lots developed with buildings ranging from 1-3 storeys in height.

‐ All the buildings have commercial uses on the ground floor and two of the buildings contain a number of residential units above.

‐ The proposed FSR and Height controls of 2:1 and 13m respectively are the same as the controls applying to the remainder of the Bondi Beach centre other than Campbell Pde which permits development with an FSR of 3:1 and Height of 15m.

‐ The site is proposed to be rezoned from Residential 2(c1) to B4 Mixed Use to reflect the current use of the buildings and not necessarily to encourage redevelopment. The current buildings on the site equate to an FSR of 1.8:1 which is consistent with the proposed FSR.

‐ While the site neighbours development in Campbell Pde, there is insufficient justification to warrant increasing the height and FSR controls to those that apply to Campbell Pde. If such action is taken, consideration should be given to the controls applying to the whole of the Bondi Beach centre.

As such it is not recommended to increase the height and FSR controls for this site.

Submission on a number of issues including Congestion, Noise, Proliferation of alcohol outlets and the associated negative effects and Open Space.

In regards to congestion, it is acknowledged that Waverley LGA has the highest population density in Sydney. Notwithstanding this, Waverley has still been given a residential target of 2,200 dwellings to be created by 2031. While Council is unable to reduce the target, Council can guide where those dwellings will be constructed. In this regard the majority of new development proposed by the draft LEP has been directed towards Bondi Junction Centre and along transport routes in order to take advantage of transport opportunities. In terms of Open Space, the draft LEP does not deplete the amount of land either zoned or reserved as open space. In regards to increased residential densities and possible erosion of open space due to climate

Objects to the change of the residential zone boundary at the end of Francis St in the Draft LEP and to the zoning of Campbell Pde as B4 Mixed Use, citing Principal 3 of the NSW Coastal Planning Guideline to “Avoid intensifying land use in coastal risk areas through appropriate strategic and land use planning”.

change, it may be appropriate for an open space strategy to be developed, however recommending the initiation of such a strategy needs to be considered in terms of Council’s broader priorities, workloads and budgets and falls outside the ambit of this report. Issues relating to Noise and the Proliferation of Alcohol would be more appropriately dealt with in consideration of submissions on the draft DCP. The zoning of private land in this locality is not proposed to change from the current zoning under Local Environmental Plan (LEP) 1996. Privately owned land in Francis St that is currently zoned Residential 2(c1) is proposed to be zoned to the equivalent zone of R3 Medium Density under draft LEP 2011. Similarly, privately owned land in Campbell Pde that is currently zoned Business General 3(a) is proposed to be zoned to the equivalent zone of B4 Mixed Use under draft LEP 2011. Floor Space Ratios and Height controls for land in this locality are proposed to remain the same as currently exist. Under LEP 1996, the road reserves are unzoned however under the Draft LEP 2011 road reserves are required to be zoned. A portion of land being Lot 2 in DP 183085 on the corner of Francis St and Campbell Pde, which actually forms part of the road reserve, was proposed to be zoned B4 Mixed Use as it adjoins commercial properties in Campbell Pde. This portion of land fronts onto Francis St and has led to a small portion of the Francis St road reserve to also be zoned B4 Mixed Use. However, the configuration of the intersection of Francis St and Campbell Pde has led to a greater portion of the road than necessary being zoned B4 Mixed Use. As such it is recommended to rezone a portion of the road reserve at the intersection of Francis St and Campbell Pde RE1 Public Recreation and R3 Medium Density Residential to better align with the zoning of adjoining properties. The intention of Principal 3 of the NSW Coastal Planning Guidelines is to avoid redevelopment of land for more intense uses in coastal risk areas. It is not considered that Principal 3 had in mind the zoning of

roads which are currently unzoned and on which any use is currently permissible. Notwithstanding this, it is unlikely that any major redevelopment of the road reserve is likely to occur. However, zoning the road reserve B4 Mixed Use consistent with the zoning of the adjoining commercial centre does allow some flexibility in the use of the land.

Bondi Beach Precinct ‐ That the 2011 LEP and DCP be amended so that the zoning of

the entire sand and rocky areas of Bondi Beach be changed from the proposed Recreation RE1 zoning and rezoned instead as an Environmental Conservation Zone E2, in order to provide a high level of environmental protection to the valuable sand and rocks of Bondi Beach, this protection being in line with the same zoning recommended for Tamarama and Bronte beaches and for the entire Waverley coastline.

‐ In relation to the Clause 1.2 Aims of the Plan, change objective

1.2(2)(a) to read “To promote and co-ordinate a range of commercial, retail, residential, tourism, entertainment, cultural and community uses to service the local and wider community”.

‐ Change the objective in the R2 Low Density Residential zone to

read “To provide for the housing and social needs of the

The E2 Environmental Conservation zone along the coast generally applies to the intertidal zone between mean high water mark and mean low water mark. This is essentially the rocks and water at the base of the cliffs along the length of the coastline. It also includes, where the terrain flattens out to form a beach and the intertidal zone broadens to include part of the sand on the beach. It was never intended nor considered appropriate to extend the E2 Environmental Conservation zone to include the sand of the beach itself. Instructions from the DoPI on the use of zones are that “This zone (the E2 Environmental Conservation zone) is generally intended to protect land that has high conservation values outside the national parks and nature reserve system. The use of this zone needs to be justified by appropriate evaluation of the area in terms of meeting the core zone objectives of having high ecological, scientific, cultural or aesthetic value.” The intertidal zone along the length of the coast has obvious environmental value and the other three locations where the zone has been used have been supported by a flora and fauna study. This is not the case in relation to the sand on the beaches which are used for recreational purposes more akin to the objectives of the RE1 Public Recreation zone. As such, it is recommended that the boundaries of the E2 zone be adjusted to exclude the sands of the beaches. The suggested change is appropriate and can be included as the wording of this objective is not mandated by the Standard Instrument Template. While the suggested amendment may be worthy of inclusion in the plan, the wording of this objective is mandated in the Standard

community within a low density residential environment”. ‐ Change objective in the RE1 Public Recreation zone to read “To

facilitate and manage public access to and along the coastline.” ‐ In relation to Clause 5.10 Heritage conservation, change objective

5.10(1)(a) to read “To conserve the environmental, cultural, social & aesthetic heritage of Waverley”.

‐ In relation to Clause 4.1 Minimum subdivision size is it possible to

include something here that will help to prevent agglomeration of existing lots?

‐ In relation to Clause 5.3 Development near zone boundaries, in

an LGA as dense and as dynamic as Waverley, this might be a useful option for planners. Can Waverley provide the rationale for its omission?

‐ In relation to Clause 5.5 Development within the coastal zone, it

seems strange that Waverley Council, with its extensive , varied and defining coastline has chosen not to take advantage of the opportunity to modify or add to the 5.5 section.

‐ In relation to Clause 4.5 Calculation of floor space ratio and site

area, it is noted that this re-definition of FSR is provided in the Standard Instrument as an option. Why has Council decided to

Instrument Template and cannot be changed. The suggested change is appropriate and can be included as the wording of this objective is not mandated by the Standard Instrument Template. (Note that the Bronte Beach Precinct Committee also requested an amendment to the wording of this objective which can also be included). While the suggested amendment may be worthy of inclusion in the plan, the wording of this objective is mandated in the Standard Instrument Template and cannot be changed. The wording of the provisions in Clause 4.1 are mandated in the Standard Instrument Template and therefore cannot be changed. The clause was omitted precisely for the reasons in the writers submission that Waverley is a dense and dynamic area. The provision would allow uses in an adjoining zone to be permitted on a site where those uses would not otherwise be permissible. For example, commercial uses on a neighbouring residential property. In a dense area like Waverley with, in a lot of cases, a tight subdivision pattern, allowing uses to jump boundaries could lead to uncertainty for neighbours and create impacts that were not envisaged by the occupants of a neighbouring parcel of land. As such, the provision was not considered acceptable in Waverley. The wording of the provisions in Clause 5.5 are mandated in the Standard Instrument Template and therefore cannot be changed. Council has traditionally used floor space ratio as a method of controlling the overall bulk and size of a building. The Standard Instrument Template mandates that where such a control is proposed

adopt this redefinition? to be used, it must be placed in the LEP. The clause is optional, however not adopting the clause would mean that there would be no overall control to manage bulk and size of a building. Every application would have to be assessed on its merit subject to other controls such as height, setbacks, landscaping, overshadowing etc. most of which are in the DCP.

Recommendation : ‐ That the road reserve at the intersection of Francis St and Bondi Rd be rezone to RE1 Public Recreation and R3 Medium Density

Residential to better align with the zoning of adjoining properties. ‐ Adjust the boundaries of the E2 Environmental Conservation zone running along the length of the coastline be adjusted to exclude the

sands of the beaches. ‐ Amend objective (a) in Clause 1.2(2) to read “To promote and co-ordinate a range of commercial, retail, residential, tourism, entertainment,

cultural and community uses to service the local and wider community”. ‐ Amend the fourth objective in the RE1 Public Recreation zone to read “To facilitate and manage public access to and along the coastline for

all – the old, the young, the infirm and the disabled.”

ATTACHMENT 10

Locational Issue No. L10 – Bondi and Waverley Issues Submissions – 10 letters received Key Issues – Zoning; Density Controls; Height Controls; Impacts of Development

Submission Comments Response Writer proposes that 67&69 Penkivil St be upzoned to allow up to an 8/9 storey RFB. ‐ The writer suggests that the site be

upzoned with greater height limit and FSR consistent with 8/9 storey development in the street.

‐ The writer argues that the prevalence of multi storey RFBs in the street has destroyed the context for the proposed heritage items and that if amalgamated with an adjoining property, there would be sufficient site area to allow an 8/9 story RFB to be developed.

Requests that the odd numbered properties in Penkivil St or at least 43-45 be zoned R4 High Density:

‐ Adjoins a high rise building, ‐ Many high rise buildings already in the

street, ‐ Adjoins electricity sub-station at the rear.

The subject properties are positioned on the western side of Penkivil St, currently zoned Residential 2(c1). 67&69 are developed with a two storey semi detached building and 43-45 is developed with a 3 storey residential flat building. The question of heritage listing 67&69 Penkivil St was assessed as part of the consideration of LEP 33 where Council resolved to remove the properties from the heritage list. In relation to an appropriate zoning and scale of development, the western side of Penkivil St is proposed to be zoned R3 Medium Density Residential and contains predominantly 3/4 storey buildings with only four 8/9 story buildings. Conversely the eastern side of Penkivil St is proposed to be zoned R4 High Density Residential but contains predominantly high rise development. The differences in zoning and density does provide a some relief in the scale of development and it is pointed out that the western side of Penkivil St does scale down to the low density R2 zone in Anglesea St. It is not council’s strategic intension to extend the high density zone and no real advantage would be gained by changing this position. It is not considered appropriate or necessary to rezone this side of the street R4 High Density Residential as redevelopment of the existing residential flat buildings would be difficult to achieve and 67&69 Penkivil street can still be developed in accordance with the proposed zone. As such, changing the zoning and increasing the development controls is not recommended.

Supports proposed zoning of 270 Birrell St to R3 Medium Density. - Property is currently surrounded by units

The proposed zoning reflects the predominant land use in this part of Birrell St between Bennett St and Ocean St South being residential flat buildings.

and flats.

Submission on behalf of owners of 105 Wellington St Bondi: Objects to the zoning of the Waverley tennis courts as RE2 Private Recreation and requests that the site be zoned R3 Medium Density:

‐ Current use of the site does not provide the landowners a sustainable return.

‐ Would like to build a multi-purpose facility but also needs to build a residential flat building to off-set the construction costs.

‐ The need for a facility has become critical since the closure of the Hakoah Club

‐ Residential use would be consistent with the Metropolitan Strategy and Draft East Subregional Strategy.

‐ Residential uses would protect the amenity of the surrounding development far better than the recreational activities.

‐ Alternatively Council could adopt Clause 5.3 “Flexible Zone Boundaries” that would allow uses permitted on adjoining sites to be developed.

‐ Council could add “Residential Flat Buildings” as an additional permitted use.

‐ Council could zone the land RE1 Public Recreation and identify the land in the Land Reservation Acquisition Map bringing into effect clause 5.1A of the LEP.

‐ While the proposal will result in the closure of 6 tennis courts there are 97

This matter was the subject of a Planning Proposal in 2011 where Council resolved not to support the proposal to rezone the site R3 Medium Density. No new information has been submitted with this submission and circumstances have not changed to warrant reconsideration of this matter. The fundamental issues of loss of a sporting facility that has existed on this site for many years and retaining this site for recreation purposes remains the same.

courts available within a nine km radius. The LEP in its current form is inconsistent with Section 117 Direction 6.2 “A Planning Proposal must not create, alter or reduce existing zonings or reservations of land for public purposes....”

The draft LEP is not considered to be inconsistent with Section 117 Direction 6.2. The outcome of Council’s previous resolution not to rezone the site for residential development and the proposed zone of RE2 Private Recreation is to retain this site for recreation purposes which is the main aim of the Section 117 Direction.

Request that Nos 48-58 Anglesea St be zoned RE3 Medium Density:

‐ A new development would have the capacity to provide a more aesthetic and commercially appealing buffer between 48 Anglesea St and the adjoining substation.

‐ Would help meet State Government density targets.

‐ Would encourage affordable housing. ‐ Properties back onto Penkivil St which is

zoned R3 Medium Density. ‐ Not impacted by heritage or conservation

area. ‐ The adjoining power station has had a

negative impact on home valuations.

Anglesea St consists predominantly of small scale 1 & 2 storey cottages and semi detached cottages with a pocket of 2 & 3 storey flats at the Bondi Rd end, a 2 & 3 storey electricity substation in the middle and a development site for a 3 & 4 storey Seniors Living development opposite.

Anglesea St has a narrow road reserve with parking on both sides and a one way traffic movement.

Redevelopment for Residential Flat Buildings would be reliant on lot consolidation. The narrow lot widths on both sides of the street and shallow lot depths on the western side would make lot consolidation difficult without substantial incentive. While these six neighbours have indicated a desire to redevelop, the same could not be guaranteed for the rest of the neighbours.

The zoning of Anglesea St was considered as part of the Residential Zone Review. Upzoning Anglesea St was not recommended other than for the Seniors Living Development site which is akin to development directly to the west in Flood St.

Submission on behalf of Australian Unity requesting that 24-32 Flood St and 33-53 Anglesea St: ‐ Be zoned R4 High Density with similar

built form controls to those proposed. ‐ That Residential Flat Buildings be

permitted.

The site currently has development consent for a Seniors Living Development on 33-53 Anglesea St. In preparing draft LEP 2011, Council did not attempt to create a site specific patchwork of zones and controls to reflect development on individual sites. The proposed R3 zone and controls are reflective of the zone and control for neighbouring sites and it is not considered necessary to change the zoning. The R3 zone is a medium density residential zone and permits Residential Flat Buildings as they are not listed as a prohibited use under the land use table.

Submission in relation to the development potential of the War Memorial Hospital site

When Council resolved to adopt draft LEP 2011 for the purpose of public exhibition on 7th December 2010, Council resolved to zone the War Memorial site SP2 Infrastructure – Health Service Facility. This is reflected in the zoning of the site on the “Alternate Zoning Maps” and

and adjacent properties. Proposes that Council:

‐ Zone the hospital portion of the site plus the lots fronting Bronte Rd as SP2 Infrastructure: Health and Seniors Service Facility, with a schedule of permitted uses.

‐ Rename the SP2 zone SP2

Infrastructure: Health and Senior Service Facility to reflect the existing and future nature of the development,

‐ Zone the balance of the site R3 Medium

Density, ‐ Apply an FSR of 1.2:1 and height of 15m

across the Bronte Rd frontage, ‐ Apply a height of 12.5m for residential

properties along Bronte Rd and church St and 15m along Birrell St.

‐ Apply an FSR of 0.9:1 across the balance

of the site, ‐ Permit Residential Flat Buildings and

shop Top Housing with consent in the R3 zone.

can be accommodated in the Draft LEP. In relation to the properties fronting Bronte Rd, the SP2 zoning would reflect the current use of the site and can also be included. In terms of the type of SP2 zone, instructions from the DoPI are that Council is to use terms used in the Infrastructure SEPP. In that SEPP, the relevant term is Health Service Facility and as such, the zoning title can only be SP2 Infrastructure – Health Service Facility and not Health and Senior Service Facility as suggested by the submission. The balance of the site (which includes properties owned by the hospital and privately owned) has been zoned R3 Medium Density Development. The height and FSR controls for properties fronting Bronte Rd, Birrell St and Church St in the draft plan being 9.5m and 0.6:1 were representative of medium density development but were lower than the controls for surrounding medium density development in the locality being 12.5m and 0.9:1 and lower than the controls proposed for the main body of the hospital site. An increase in the controls in recognition of the sites location on a good transport route, proximity to the Bondi Junction Centre may have merit. However, increasing the controls without further detailed investigation may not be appropriate at this point in time. It is therefore suggested that the owners of the site be invited to hold discussions with Council officers. Once the proposal has been fully investigated, the matter can be reported back to Council and if supported contained in a future amendment to the LEP. The balance of the site is proposed to have an FSR of 0.9:1 Residential Flat Buildings and Shop Top Housing are already permitted in the R3 Medium Density Development zone.

‐ Ensure the various stated uses are permitted in the SP2 zone or as additional permitted uses on this site.

Instructions from the DoPI are that additional uses cannot be listed in the table of permissible uses for the SP2 Infrastructure zone. The primary permissible use is the purpose shown on the Land Zoning Map (in this case Health Service Facility) including any development that is ordinarily incidental or ancillary to the development. All of the stated uses are therefore permissible under the SP2 Infrastructure zone if they are ancillary to the primary use of Health Service Facility. As such it is not considered necessary to include these uses in Schedule 1 of the LEP – Additional Permitted Use.

Submission expressing concern about zoning of area bounded by Chesterfield Lane, MacPherson St, Evans St and St Thomas St R3 and B1. - Heights should be set as 8.5m.

Development above 8.5m will cause overshadowing which will affect quality of life and photovoltaic cells.

- Area should be zoned R2. - Local road system unable to cope with

extra traffic leading to increased air pollution and noise.

- Lack of parking in the area. - There are ample shopping and business

zones in the area. ‐ Children’s safety is put at risk by

increasing traffic.

In drafting LEP 2011, the primary intention was to translate the existing planning controls into the new template LEP, other than some specific areas where a change in the planning controls was considered appropriate. The land proposed to be zoned R3 and B1 is equivalent to the current zoning of Residential 2(b) and Neighbourhood Business 3(c) and the height and FSR are also proposed to remain the same. Currently the permissible height in the 2(b) zone is 9.5m and the 3(c) zone is 9m at the eastern end and 13m in the location of the RSL club. This has remained unchanged in the draft LEP. The draft DCP requires the stepping down of buildings at the rear in recognition of the zoning interface and change in levels in order to protect neighbouring residential properties. The Bronte RSL club is an important community building and considered a key site in the centre. While there are other shopping and business zones in the area, the Macpherson St Neighbourhood Centre still has a roll to play and for this reason an R2 Low Density Zone is not considered appropriate. It is recommended that the zoning and development controls remain as exhibited.

Submission on behalf of the owners of 227-229 Old South Head Rd Bondi. Concerned that the subject site was not considered for highrise development consistent with other existing highrise buildings in the locality and the sites location on a major transport route. ‐ Additional dwelling numbers nominated in

Council’s information is overestimated.

The forecasts in Council’s Residential Zone Review (RZR) are based on the relevant sites’ development potential under the draft LEP 2011 less the number of existing dwellings. Sites that had existing RFBs, shops or other businesses were not considered to have any development potential.

- The forecasts used by Ingham Planning are based on the relevant sites’ development potential under the draft LEP 2011 less the current development potential under the existing LEP 1996. As with Council’s assessment, sites that had existing RFBs, shops or other businesses were not considered to have any development potential. In addition, sites developed with large or new houses were also discounted from their forecasts.

- The residential targets Council is to achieve relate to the existing number of dwellings as at 2004 and not the potential under LEP 1996. The difference between the

‐ It is proposed to downzone 211-225 Old

South Head Rd to R3 reducing the estimate by a further 17 dwellings.

‐ It is not clear why 214 dwellings relating

to Bondi Junction were not included in Metrix.

‐ The Major Development Sites in the RZR

potentially double count 232 dwellings. ‐ The draft LEP includes changes to the

existing conservation area boundaries which is likely to further reduce the estimated number of dwellings.

development potential in LEP 1996 and draft LEP 2011 is therefore not a matter for consideration. This underestimates the Ingham figures by approx. 80 dwellings.

- In relation to large or new dwellings being discounted from the forecast, this is not considered appropriate in every instance as under certain circumstances an incentive would still exist to redevelop these sites based on the number of additional dwellings that can be achieved on the site. While the development potential of these sites can be argued either way, it should be acknowledged that this add a further underestimate in the Ingham figures.

The subject site is within a Collector District (CD) which is bounded by Orr St, Old South Head Rd and Penkivil St. The Metrix forecast for this CD is very low (7 dwellings) which can be achieved by development of other sites within the CD. Down zoning the subject site which is already predominantly developed with a 3sty RFB will therefore have no impact on the forecasts as proposed by Council using Metrix as the base. When Metrix was developed the forecast for Bondi Junction was 330 dwellings based on the zonings and development potential at the time. Subsequent drafting of the Waverley (Bondi Junction) LEP2010 increased the Development potential to 544 dwellings. The potential for Bondi Junction in the RZR was therefore supplemented by an additional 214 dwellings. In the preparation of Metrix, development of the Major Development Sites was not envisaged and forecasts in the relevant CDs are very low. For each of the Major Development Sites, the approved number of dwellings is far in excess of the Metrix forecasts for the corresponding CDs. As such the 232 dwellings are an addition to and not a double counting of the Metix forecasts. The expanded heritage conservation areas may restrict redevelopment. However, the impact of the heritage condition on the redevelopment potential of the properties zoned R3 or R4 is considered to be minimal. A review of such sites indicated an absolute development potential of an additional 315 dwellings (i.e. if every dwelling house that had the potential of being redeveloped, was redeveloped). 100% redevelopment of these properties is unlikely to ever be achieved. Taking an arbitrary figure of 50% would result in a potential loss of development potential of 158 dwellings. Subtracting this figure from Councils housing forecast of 2,609 dwelling results in 2,451 dwellings which is greater than Council’s target of 2,200 dwellings by 2031. From this it can be concluded that the heritage condition will not preclude Council from

‐ Notes that the area adjoining the subject

site which presently allows development to 8 storeys and an FSR of 1.5:1 is proposed to be downzoned. States that this was not identified in any of Council’s supporting documentation and further reduces 17 potential dwellings.

‐ Analysis we have undertaken indicates

that the subject site is appropriate for rezoning to R4. Contextually the scale of development is appropriate given the existence of highrise development in the locality and development of the site will not result in any unreasonable impacts on surrounding buildings.

achieving its housing target set by the East Subregion Draft Subregional Strategy. The properties that are being downzoned (i.e. 211-225 which are located between Orr St and the New St road closure) are currently zoned 2(c2) and are also being zoned R3 with an FSR of 0.9:1 and a height of 12.5m. No 211 forms the greater part of this block and is developed with a relatively new 3 storey RFB and was not considered likely to redevelop in the near future. The remaining two properties are dwellings with No 225 being a pair of federation semis which are proposed to be heritage listed under LEP 33. Maintaining the high density zone in this street block appeared inappropriate as the majority of the site was already developed for medium density. The R3 zone therefore appeared more appropriate as it reflected the existing development and is consistent with the zoning to the north. There are two high rise developments to the north and one opposite the site in Woollahra Council but these are atypical of development in the immediate locality which is predominantly 3 & 4 storey RFBs. Zoning 227-229 is therefore not recommended as the zoning would extend a scale of development which is not typical in the immediate locality, the resulting density is not required to satisfy our residential targets, vehicular access to the site would be required from New St in order to avoid accessing from Old South Head Rd thus generating additional traffic in New St and high rise development on these sites could generate considerable objection from residents living in the existing high rise buildings due to potential loss of views.

Charing Cross Precinct ‐ Heritage and conservation areas are

meaningless unless supported by surrounding context.

‐ Rear lanes within Conservation Areas should be treated as part of the Conservation Area.

Council’s Heritage Advisor has provided the following comments in relation to heritage matters: The Charring Cross Heritage Urban Conservation Area encompasses the original village initially identified as Madden’s Corner and named Charring Cross by Waverley Municipal Council in 1859. The Conservation Area extends along the ridgeline route of Bronte Road (formerly Cowper Street) from Church Street as far south as the southern boundary of St Catherine’s on Macpherson Street. The elongated area includes notable 19th and early 20th Century shops, hotels, houses, churches, schools and evidence of previous service industries. The area includes the State Listed Mary Immaculate Church in Victoria Street and Rockwall Terrace in High Street, a rare example of 19th Century employer constructed worker housing constructed in the Rustic Gothic style. Following establishment of the Old South Head Road in 1811 Cowper Street (later Bronte Road) evolved as a route south to Coogee Bay and Governor Macquarie’s watchtower at LaPerouse. Land grants in 1838-39 saw the commencement of farming and market gardens about the head waters of the Lachlan Swamps. Small cottages, horse staging posts and inns

consolidated the location at the intersection of Cowper Street and the later Carrington Road. Initially identified as Madden’s Corner, the village was named Charring Cross by the newly formed Waverley Council in 1859. The village expanded with the relocation of St Catherine’s School to the current Albion Street site in 1859; the establishment of Vickery’s Glen Rock Tannery in 1866 and the opening of St Clare’s Convent and College in 1885. Tram services first linked Charring Cross with the city in April 1881 continuing through to Randwick by 1887. Whilst subsequently eclipsed by Tea Gardens/Bondi Junction, Charring Cross experienced continued growth from the 1880’s to the 1920’s. The resulting main street remains dominated by late Victorian and Federation shopfronts. Residences and small industrial buildings provide a similar layering of historical styles in surrounding streets. Larger scale church, school and hotel buildings of the Federation and Inter War periods serve to maintain and enhance the identity of the former village. The past character and evolution of Charring Cross and its long history as an essentially working class location need to be considered when discussing issues raised by the precinct. In general issues raised relate to the extensive gentrification of the locality particularly since the 1990’s and the expansion of institutions which have been an integral part of the history of Charring Cross since the 1850’s. Issues relating to the Heritage Significance of the Conservation Area are discussed as follows: It is agreed that curtilage is a key factor in the maintenance of significance. The identified surrounding streets, whilst of limited visual linkage to the central village, are historically linked to the precinct and could warrant consideration of future incorporation. Having noted this, it is important to acknowledge that there will be a point at which the designation of an area changes. Historic records support Charring Cross being an enclosed and not an outward looking setting and it should remain as such - much as this varies from other historic settings such as the Macpherson Street /Lugar Brae Area with its history of Marine Villas overlooking the Pacific. Conservation controls address the overall buildings and not the façade. Development applications in main streets have increasingly sought retention of facades with new development behind. It is established practise to conserve the first structural bay as a minimum in facade retention however other factors such as profiles, detailed interiors, characteristic rear

‐ Need to get proper controls to give

residents certainty particularly where hospitals and schools etc expand into residential-zoned land eg War Memorial Hospital, Waverley Public School, Waverley College, Waterford Junior School, St Clare’s, St Charles and St Catherine’s School. Both the current DCP and the LEP has no restrictions on heights and FSR for Special Use Zones.

‐ Charing Cross needs to be identifiably

different to Bondi Junction. No more shops on Bronte Rd between Birrell and Victoria St.

‐ Site amalgamations can destroy the sub-

division patterns which are part of the heritage legacy.

See other comments relating to the DCP

skyline silhouettes, roof lines and overall articulation are also considered important. Advertising on facades was prolific during the period represented by the significant fabric of Charring Cross and it is hard to argue that this does not serve to re-establish the visual complexity of the period as would reinstated verandahs What needs to be understood is that this level of visual complexity may not find many supporters within a precinct raised in an age of stripped history. Replacement of verandahs is fully supported but needs to be accepted as a generator of increased building usage together with increased noise and oversighting. In central shopping strips this is unlikely to be an issue (see Rozelle, Balmain & Glebe). Draft LEP 2011 does not permit Educational Establishments in the R2 Low Density Residential zones however they are permitted subject to certain criteria by virtue of SEPP (Infrastructure) 2007. This is a State Government policy and overrides the Local Environmental Plan. Draft LEP 2011 does however permit Educational Establishments in the R3 & R4 Medium and High Density Residential zones. Hospitals are prohibited in the R2 Low Density Residential zone by Draft LEP 2011 and SEPP (Infrastructure) 2007. SEPP (Affordable Rental Housing) 2009 however would permit Aged Housing developments and nursing homes etc in the R2 zone. Hospitals are however permissible in the medium and high density zones by both the draft LEP and SEPP (Infrastructure) 2007. Zonings along Bronte Rd between Victoria St have been established for many years and other than the replacement of the Special Use zone over Waverley Public School, Police Station and Court House the zonings remain the same. No new shopping areas are being created. However the B1 Neighbourhood Business zone has been used to cater for the existing Police Station and Court House. Depending on the circumstances, site amalgamations can destroy sub-division patterns however in conservation areas, this is a matter that would be taken into consideration in the assessment of any development application.

Recommendation: ‐ That the War Memorial Hospital site and the properties fronting Bronte Rd be zoned SP2 Infrastructure – Health Service Facility. ‐ That the owners of the War Memorial Hospital site be invited to discuss the height and FSR proposals for the site with Council officers and

the matter reported back to Council in future.

ATTACHMENT 11

Locational Issue No. L11 – North Bondi and Dover Heights Submissions – 2 letters received Key Issues – Zoning; Development capacity; Zoning of schools

Submission Comments Response Submission suggesting increasing the density of 2,4 & 6 Wairoa Ave to allow 5-6 storey height. - Would not have impact on surrounding properties due to

topography. - Excellent existing bus service. ‐ Existing high rise development nearby.

- The land and immediate locality are currently zoned Residential 2(b) Medium Density and are proposed to be zoned to the equivalent R3 Medium Density Development under the draft LEP.

- Development controls applying to the site and locality are proposed to remain unchanged with an FSR of 0.6:1 and Height of 9.5m.

- The controls would allow a two storey residential flat or townhouse development over a level of carparking which has been occurring in the street.

- The subject properties are on the high side of the Wairoa Street and development with a greater height than that envisaged by the current and proposed controls may impact on the streetscape and relationship with other buildings in the street.

‐ As such it is recommended to the zoning and development controls remain as exhibited.

Submission on behalf of Kesser Torah College supporting the zoning of the site to R2 Low Density Residential and objects to the SP2 Infrastructure zoning shown on the “Alternative Zoning Map”.

‐ Strongly support the DoPI’s stance to adopt adjoining zonings instead of special purpose zones.

‐ Zones should reflect the underlying capability and suitability of the land for a range of land uses.

‐ Had it not been for historical circumstances or accident of existing school or church land purchases, these sites would have been

See discussion in the main body of the report relating to the zoning applying to Educational Establishments where it is recommended to zone Educational Establishments SP2 Infrastructure. One of the main reasons for this is to give the community some degree of certainty that the school will continue to operate as a school and will not close and be developed for another purpose without the opportunity for community input. Likewise, the community requires some level of certainty in relation to

deemed most appropriate for land uses consistent with those surrounding them.

‐ The underlying suitability of those sites for uses consistent with adjoining land in not negated by the fact of their current uses as school or church.

‐ There is no planning benefit in zoning existing sites so restrictively. ‐ It would be unreasonable and unnecessary if the site was zoned

SP2 to also be subject to further restrictions in terms of height and floor space as currently contained in the draft LEP.

the height and FSR of buildings on the school site. A height and FSR consistent with surrounding development controls has been applied. While it is acknowledged that SEPP (Infrastructure) 2007 permits certain buildings to be built as Complying Development, there are a number of conditions and safeguards that must be satisfied in order to protect the amenity of neighbouring properties. The height and FSR controls specified in the Draft LEP for school sites set benchmarks that are consistent with surrounding developments. Where a school proposes a building that exceeds those benchmarks, adequate justification need to be given and the community given an opportunity to comment. As such it is considered that the height and FSR controls should remain as exhibited.

Recommendation: ‐ That in accordance with the recommendation for all school sites, the Kesser Torah College site be zoned SP2 Infrastructure – Educational

Establishment and the height and FSR control remain as exhibited.

ATTACHMENT 12

Group Issue No. L12 – Comments from Government Authorities Submissions – 5 letters received Key Issues – Zoning; Affordable housing; Land uses; Heritage listings

Submission Comments Response Department of Education and Communities – Submission 1 ‐ Advises that all Government schools in the Waverley LGA are at

or approaching full capacity. ‐ Requests that the Department and Council establish and maintain

a close relationship in planning education infrastructure. ‐ Suggests that the relationship can focus on issues including:

‐ Directing new residential growth in areas where schools are experiencing lower enrolments,

‐ Identifying where and when new residential development will be built,

‐ Tracking and monitoring development progress, ‐ Assistance in finding and reserving land for potential new

schools, ‐ Assistance in planning rezoning and efficient approvals of

development applications for new schools or expansion of existing schools, and

‐ Identifying areas where co-sharing of facilities has potential such as Council reserves that could be used during school hours as student free play areas.

Noted. Council officers attempt to maintain good working relationships with all Government department authorities and acknowledge the Department of Education and Communities willingness to foster this relationship.

Department of Education and Communities – Submission 2 ‐ The department raises no objection to the listing of school grounds

of various sites and the listing of specific buildings as detailed in their submission. However does not support the listing of all buildings on these sites.

Draft LEP 2011 does not propose to list any of the Department of Education and Communities sites as heritage items as the process for listing had already been undertaken through an amendment to Waverley LEP1996, known as Amendment No. 33 which was gazetted on 23rd December 2011. Notwithstanding this, while the whole sites are identified on the heritage maps, the description in the

schedule and Council’s inventory sheets relate to either the school grounds or specific buildings or both. The Department’s submission does not raise any objection to any of the listed items. Any building to which the Department raises no objection to listing but which has not been included in the schedule could be included in a future amendment to the LEP.

Woollahra Council - Supports the reclassification of 79-81 Grafton St from Community

to Operational. ‐ Also raise no objection to 550 Oxford St being Lot 1 DP 543255

being identified for acquisition under clause 5.1 of the LEP.

Noted

Family and Community Services (Housing NSW) The Department advises that it owns or manages around 590 social housing dwellings in the LGA and has provided a Housing Market Analysis for Council’s information. The analysis indicates an “overwhelming need for more one and two bedroom dwelling style accommodation”. The Department also commends Council for its continued commitment to the Waverley Affordable Housing Program. Specific comments from the Department include the following: Aims and Objectives Expand the aims to not only promote the development of a range of housing types but also housing size. Also, does not support the removal of aims that were in LEP 1996 which encouraged the retention of existing sources of affordable housing, the development of new sources of affordable housing, an expansion of Council’s hosing role and development of a broader and more appropriate range of housing. FSR Incentives for Affordable Housing Supports the inclusion of FSR incentives. However suggests the minimum timeframe of 3 years for a dwelling to be dedicated as affordable housing could be extended to 10 years in future.

Noted Aims and objectives need to be given effect by provisions within the LEP. Controlling the size of dwellings is a matter for the DCP and not the LEP. Encouraging the retention of existing sources of affordable housing, the development of new sources, expanding Council’s housing role and development of a broader and more appropriate range of housing are all matters that are contained in either SEPP (Affordable Rental Housing) or Waverley’s Affordable Housing Program. As such it is not considered necessary or appropriate to include further aims or objectives or to amend the current aims and objectives of this LEP. While it is agreed that it would be preferable for the timeframe for dwellings to be dedicated as affordable housing to be extended from 3 years to 10 years, the drafting of this provision was the subject of

Zoning Anomalies Claims that in relation to 41A Imperial Ave, the draft LEP has decreased the development potential of the site from FSR of 0.9:1 with a height of 12.5m down to FSR 0.6:1 with a height of 9.5m. Heritage Provisions Notes that a number of conservation areas have been created which include LAHC sites and suggests that development controls should be interpreted and applied so that they do not undermine or conflict with the strategic aims of promoting infill development.

considerable discussion with the DoPI who drafted the final version of the provision. Based on the comments from Housing NSW, this matter should be raised with the DoPI and requested to consider increasing the timeframe to 10 years in future reviews of the clause. See main body of the report for further discussion on Affordable Housing. 41A Imperial Ave is currently located within Part F3 of DCP 2010. While the site is currently zoned 2(c1), Part F3 specified a maximum height of 9.5m. Other controls in Part F3 effectively reduced the FSR of 0.6:1. As height and FSR are now contained in the LEP they have been expressed as a height of 9.5m and FSR of 0.6:1 as they reflect the current situation in Part F3. As such it is not recommended to change the height or FSR controls for this site. In all of the heritage conservation areas, development is still permitted to occur subject to it being sympathetic to the specific characteristics of the conservation area. As such it is not considered that the conservation area status will undermine or conflict with the promotion of infill development.

Department of Primary Industries Zoning of Council Offices Crown Reserve D.1000105 for public purposes. Suggest site should be zoned SP2 – Public Admin Building. Waverley Park and Sydney Water Lands Boundaries of the SP2 Infrastructure zone encroach on Crown Reserve D.500494 for public recreation. Zoning of SP2 Infrastructure – Water Supply System should only apply to that part of public recreation reserve marked yellow on map accompanying the submission. Waverley Park and Electricity Substation Suggest that Lot 69 in Deposited Plan 591989 being an electricity

The Council Chambers site is currently zoned Special Uses – Council Chambers. With the deletion of the Special Uses zone from the Standard Instrument the DoPI’s Planning Practice Note suggested that uses such as Council Chambers could be given a business zone. However, as this site is a Crown Reserve, it is agreed that the site should be zoned SP2 Infrastructure – Public Administration Building. Sydney Water have been consulted on this matter and advise that they do not object to the alteration of the zone boundary to remove the encroachment and have agreed to an amended zone boundary. This matter has also been raised by Council’s Recreation, Community Planning and Partnerships Division and is contained in Attachment 13. As such the zone boundary should be altered accordingly. Instructions from the DoPI are that electricity kiosks should be zoned

substation adjacent to Paul St be zoned SP2 (Electricity Distribution) Bronte Park Zone RE1 Error on zoning map. Land between lot 12/519427 & lot 1/178057 in Murray Ave should be zoned RE1 not R2. Tamarama Park Zoning Accessway adjacent to SP 8207 and Lot 17/9842 should be zoned RE1 Public Recreation. Zoning of inter tidal zone (between MHWM to MLWM) The Department raises no objection to the proposed zoning of E2 Environmental Conservation and has advised Randwick Council to adopt the same zone. Zoning of Significant Coastal Headlands The Department would like the Draft LEP to recognise the “aesthetic values” of significant Crown Reserve coastal headlands and zone them E2 Environmental Conservation. For example Marks Park, Gararra Reserve North Bondi. The conservation and protection of the environmental values of these iconic headlands is a primary consideration for this department.

in accordance with the zoning of the adjoining property. In most cases this is considered appropriate as the kiosk services the adjoining and neighbouring properties and should therefore be zoned accordingly. However in this instance the kiosk does not service the open space and from a mapping point of view creates a deceptive impression of the open space. As such the DPIs request is considered appropriate and it is recommended that the kiosk be zoned SP2 Infrastructure (Electricity Distribution). The description refers to a narrow accessway between Nos 55 & 57 Murray St which leads to the upper end of Bronte Park. The proposed zoning on LEP 2011 is consistent with the residential zoning on LEP 1996. However as the land is Crown land it should be zoned RE1 Public Recreation. The description refers to a narrow accessway between No 2 Wonderland Avenue and 31 Carlisle St and provides access from the intersection of Wonderland Avenue and Dellview St to Tamarama Park. The proposed zoning on LEP 2011 is consistent with the residential zoning on LEP 1996. However as the land is Crown land it should be zoned RE1 Public Recreation. Noted. While the DPI’s motivation is acknowledged, zoning these headlands E2 is not considered appropriate or warranted. Firstly, the objectives of the E2 zone are focused on restoring managing and protecting areas of high ecological, scientific, cultural and aesthetic value. While these objectives are acceptable, these headlands provide more than just a narrow environmental focus. The objectives of the RE1 Public Recreation zone on the other hand are to enable use of the land for public open space or recreational purposes, to provide a range of

Icebergs Club The Department agrees with the proposed zoning of RE1 Public Recreation Permitted uses within the RE1 Public Recreation zone The Department supports restaurants, cafes and the like on Crown reserves where they broaden the recreation and leisure experience offered to the community. The department does not support “take away food and drink premises” on Crown reserves for public recreation. Take away or fast food outlets are not suitable on Crown reserves for the public recreation and this land use should be deleted in the RE1 Table (Permitted with Consent). Waverley Cemetery & Intertidal Zone The Department supports the E2 Environmental Conservation zoning of the intertidal zone adjacent to the cemetery including partially filled gully. The Department does not soupprot further cemetery development on Crown land zoned E2. The Department would like the gully area rehabilitated/restored including removal of dumped material in line with the objectives of the zone. Diamond Bay Bowling Club Zoning The Department does not support Zone RE2 Private Recreation over Crown land for community and sporting club facilities. RE1 Public Recreation is acceptable.

recreational settings and activities and to facilitate public access to and along the coastline as well as protecting and enhancing the natural environment. In addition, the permitted uses in the E2 zone are very restrictive being limited to Environmental facilities and Environmental protection works. Such a zone could prevent activities such as Sculptures by the Sea which is a major cultural and community activity promoted by this Council. Zoning these headlands RE1 does not conflict with the DPI’s objectives and as such it is recommended that the zoning of these headlands remain RE1 Public Recreation as exhibited. Noted. Restaurants, cafes and take away food and drink premises are all subsets of the group term food and drink premises. In essence, a take away food and drink premises is no different to a restaurant or café except rather than consume the food on the premises the customer is able to move to some other location in the park and enjoy their meal and enjoy the open space attributes of the park. As such it is not agreed that take away food and drink premises should be deleted as a use permitted with consent. Noted. Council records identified the Diamond Bay Bowling Club as the owner of the land and proposed the RE2 Private Recreation zone accordingly. However as the land is Crown land it is agreed that the land should be zoned RE1 Public Recreation.

Bondi Bowling Club Zoning The Department does not support Zone RE2 Private Recreation over Crown land for community and sporting club facilities. RE1 Public Recreation is acceptable. Boy Scouts Wairoa Ave The Department supports RE1 Public recreation zoning for scouting facilities on Crown Reserves set aside for boy scouts & girl guides. This maintains consistency across LGA. Other Reserves Wairoa Ave used for Community purposes (youth centre), Baby Clinic and Day Nursery. Land owned by State of NSW and dedicated for a public purpose. RE1 is considered appropriate for scouts and other public community facilities. RE1 permits “Community purposes” and “Recreation Facilities”. Alternatively consider SP2 Infrastructure – Health Service Facility for youth centre and baby clinic & nursery. Waverley Crescent Crown Reserve 1002993 for Access and Public Recreation. B4 Mixed Use zone is not considered appropriate. Land should be zoned RE1 Public Recreation.

Council records identified the Bondi Bowling Club as the owner of the land and proposed the RE2 Private Recreation zone accordingly. However as the land is Crown land it is agreed that the land should be zoned RE1 Public Recreation. Noted. The site is currently zoned Special Uses 5(a) Community Centre under LEP 1996. With the deletion of the Special Uses zone and requirement to zone land in accordance with adjoining properties, the land was proposed to be zoned R3 Medium Density. However as the land is owned by the State of NSW, it is agreed that the RE1 Public Recreation zone would be more appropriate. The site is situated between No 1 Bondi Rd and 257 Oxford St and is currently zoned B4 Mixed Use under Waverley LEP (Bondi Junction Centre) 2010. The land is hard paved and resembles a road. It provides vehicular access to the block of apartments at 257 Oxford St and also provides pedestrian access from the intersection of Bondi Rd and Oxford St to Waverley Crescent. The land could never be used in a manner that is traditionally considered to be recreation, vehicular access to the apartment block at 257 Oxford St could never be denied and the pathway does not lead to a parcel of Crown land used for recreation purposes. As such, the Public Recreation zone is not considered appropriate and the zoning should remain B4 Mixed Use.

Recommendation: ‐ That consideration be given to extending the timeframe in clause 4.4A(5) Floor Space Ratio Incentive for Affordable Housing from 3 to 10

years in future reviews of the provision.

‐ That the zone boundary between the RE1 Public Recreation zone and SP2 Infrastructure – Water Supply Systems zone in Waverley Park be altered to remove the encroachment on the Public Reserve and in accordance with the boundary agreed to be Sydney Water.

‐ That the site of Council’s Administration Building in Waverley Park be zoned SP2 Infrastructure – Public Administration Building. ‐ That the electricity substation on Lot 69 in DP 591989 in Waverley Park adjacent to Paul St be zoned SP2 Infrastructure (Electricity

Distribution). - That the accessway between Nos 55 & 57 Murray St which leads to the upper end of Bronte Park be zoned RE1 Public Recreation. - That the accessway between No 2 Wonderland Avenue and 31 Carlisle St and which provides access from the intersection of Wonderland

Avenue and Dellview St to Tamarama Park be zoned RE1 Public Recreation. ‐ That the Diamond Bay Bowling Club be zoned RE1 Public Recreation. ‐ That the Bondi Bowling Club be zoned RE1 Public Recreation. ‐ That the site used for Community purposes (youth centre), Baby Clinic and Day Nursery in Wairoa Ave be zoned RE1 Public Recreation.

ATTACHMENT 13

Group Issue No. L13 – Council Issues and Internal Submissions Submissions – 13 submissions received Key Issues – Heritage Conservation Areas; Zonings; Projected Flood Planning Areas; Affordable Housing; Size of Secondary Dwellings; Permissibility of certain land uses

Submission Comments Response Council resolution 20/09/11 requesting this matter be considered as a submission to the Waverley Planning Review. 1. The potential to include the whole or most representative part centered on Read Street of the former Bronte Character Area C1 Bronte Plateau (North) outlined in the Waverley DCP 2008 as an urban conservation area. 2. If recommended and adopted, the urban conservation area be included in a future amendment of the Waverley Local Environment Plan (LEP) 2011. - The Bronte Residential Character study has been removed from

draft WDCP 2011, leaving the area without any clear architectural or landscape objectives.

- The former Bronte Plateau Area C1, a “gently sloping area with a grid street pattern” has a “sense of enclosure to the street character” with car access mostly from rear lanes. This is rare in Waverley, and has resulted in street corridors and nature strips retaining their consistent front building setbacks, gardens and low front fences. Less damaged by garages and driveway crossings, these residential streets have some of the best landscape qualities in Bronte.

Simply maintaining vegetation in this area (FESP August 2011 Waverley Planning Review A08/1137) does not recognise the components of streetscape amenity. Upgrading the status from residential character area to urban (and landscape) conservation will

Council’s Heritage Advisor has provided the following comments on this matter:

To qualify as a Heritage Conservation Area there needs to exist an identifiable theme or commonality in the existing fabric and or setting. Whether evident in aesthetic forms, landscapes, recorded outcomes of historical activities, substrata of archaeological evidence, or other common factors the setting must continue to retain that link. The areas associated with the 19th Century Palmerston Estates subdivided by the Intercolonial Investment Company in the 1890’s have historic association with the residence Palmerston (early 1850’s) to the west. Palmerston remains a rare example of the 19th Century marine villas which initially defined European settlement of Sydney’s east.- Bronte House being the only comparable example remaining in Bronte. The Bronte Plateau (north) does not detail any demonstrable activity or features associated with Palmerston or its long term resident William Spain, lawyer and former member of the Legislative Assembly. After Spain’s departure in 1874 a series of occupants either subdivided the property or purchased the property with grounds already sold off. By the early 1900’s the residence had been effectively isolated from its former grounds including the areas to the east, which were subdivided by the Intercolonial Investment Company.

have proper standing in the L&EC. The 1943 aerial survey of Sydney indicates that the estates were not consistently developed. Buildings existing at this time were quiet clearly of varied form, construction and age with consistent groups limited to pairs and in some cases three similar cottages, usually of hipped metal roofed vernacular forms interspersed between later Federation style semi detached and free standing residences, Inter War bungalows and residential flat buildings. Subdivision patterns are also seen to vary with block widths ranging from narrow to generous frontages, the later possibly the result of amalgamation. Consistency is limited to set backs, wide street verges resulting from Depression era road construction and gridded street plans providing a degree of pallisading to rows of residences orientated south to Bronte Beach and Bronte Gully. A number of early 20th Century residences in the parallel streets forming Bronte Plateau north have been included in past and recent heritage surveys. These surveys have not made recommendation for identification of the area on the basis of specific character. Similarly the Bronte Character Study does not identify characteristics likely to qualify as a Heritage Conservation Area but rather a broad response of varied building styles and forms to established topography and scenic outlook. It is reasonable to request consideration of the Bronte Plateau north as a potential Conservation Area in future heritage reviews however it must be noted that for this to have credibility there must be identification of cohesive and notable aspects distinguishing the location based upon criteria established by the NSW Heritage Office. Council officer advises that for this to occur a number of steps need to be carried out: - Council must first resolve to conduct a heritage assessment and

report back to Council with the recommendations. - The proposal needs to be exhibited and residents notified and

given the opportunity to comment.

- If considered appropriate to proceed, the matter adopted as a policy of Council, and

- The proposal then be given statutory effect through an amendment to the LEP at some time in future.

Divisional Manager Environmental Services advises that the NSW Coastal Planning Guidelines state that sea level rise investigation areas should not be included in LEPs until they can be confirmed by relevant local studies and therefore recommends: - Removal of flood planning details from maps. - Undertake a local flood risk assessment. - Discussions with DoPI and - Consultation with stakeholders.

In the drafting of LEP 2011, the latest version of the Standard Model Provision for Flood Planning was included as Clause 6.3 Flood Planning in accordance with directions from the DoPI. Subclauses (4) and (5) of the Standard Model Provision make reference to projected flood planning areas and flood planning levels for the years 2050 and 2100. As a result, the two Projected flood planning areas on the map we plotted based on sea level rise mapping for 2050 and 2100 scenarios according to NSW Sea Level Rise Policy. These projections form part of Council's Interim Sea Level Rise Policy adopted in December 2010. This however is an interim policy until Council completes the Coastal Hazards and Risks Vulnerability Study in relation to Climate Change Adaptation. It has now come to Council’s attention that the NSW Coastal Planning Guideline: Adapting to Sea Level Rise August 2010 (page 5), advise that "sea level rise investigation areas should not be included in environmental planning instruments such as LEPs and DCPs until they can be confirmed by relevant local studies at which point they should be identified as coastal risk areas in maps within an LEP regardless of the underlying zone". As the local study is not yet complete, the inclusion of these projections may be misleading and therefore should be removed from the LEP. Following completion of the local study, the final projections can be included in the LEP at a later stage. Removal of the projections will also necessitate an amendment to Clause 6.3 to remove reference to the projected flood planning areas.

Special Projects Coordinator Waverley Council Comments in relation to the Affordable Housing Clause in the LEP:

- The clause would result in the provision of housing for a limited period that would not involve Council.

Clause 4.4A was drafted by the DoPI (with recommendations from Council officers) in order to be consistent with State Environmental Planning Policies and the Standard Template. An amended version of the Waverley Affordable Housing Program

- The clause would not allow growth in Council’s affordable housing program.

- Council’s affordable housing tenancy policy would not apply so the housing generated would not necessarily provide any benefit to Waverley residents.

- The clause makes no provision to cover the cost of management which on a three year turnover could be quite high.

- Requests an amendment that would enable application of Council’s Affordable Housing Policy.

Policy 2007 (WAHP) will operate in conjunction with the draft clause. It is anticipated that the WAHP will contain options for other contributions including monetary payments and transfer of unit ownership to Council via Planning Agreements until an alternative procedure is identified. The existing tenancy and management arrangements of the WAHP are intended to remain applicable to any development application seeking floor space bonuses under clause 4.4A, via a condition of consent outlining that the additional floor space will be granted only if consistent with the WAHP Policy. See also comments in the main body of the report on Affordable Housing.

Recreation, Community Planning and Partnerships Division Requests the alteration of the boundary between the RE1 Public Recreation zone and the SP2 Infrastructure zone – Water Supply Systems at Waverley Park.

See response to Department of Primary industry in Attachment 12 on this matter.

Development Assessment advised that the Hotel Bondi site which is listed as a heritage item has been subdivided and requested that the listing be amended to reflect this fact.

Investigations revealed that the site has been subdivided into two portions of land and the heritage item is located on the portion now known as 178A Campbell Pde being Lot 1 DP 1130125. The remainder of the site is known as 178 Campbell Pde being Lot 201 DP 1163791. Council’s Heritage Advisor has raised no issue with amending the amending the description in Schedule 5 of the LEP to more accurately reflect the current lot description and it is therefore recommended accordingly.

Strategic Land Use Planning advises that clause 5.4(9) specifies the maximum size for a Secondary dwelling as being 60m2 or 67% of the size of the principal dwelling whichever is the greater. (Note: 67% equates to 40% under the previous definition that Council adopted). 67% can produce a very large secondary dwelling and this may be contrary to Council’s intention. Consider whether the 67% should be reduced.

The provision as it stands allows a Secondary Dwelling to be 60m2 or greater if permitted by an LEP. The percentage in the LEP as it stands can produce dwellings of the following sizes (m2): Site area Principal Dwl. Second Dwl. 200 106 71 300 139 93 400 159 106 500 166 111 600 180 120

It should be noted that the total combined FSR of the Principal dwelling and Secondary Dwelling remains the same as permitted for a single dwelling house. However, Secondary Dwellings are essentially “granny flats” or “in-law accommodation”, but the size of the dwelling can cause an issue in relation to laneway development and therefore should remain small. As such, the percentage should be reduced to allow a Secondary Dwelling of no more than 60m2 for lot sizes up to 550m2. Lots greater than 550m2 in area that can sustain a larger dwelling should then be permitted incremental increases to the size of secondary dwellings but still considerably smaller than the size of the principal dwelling. It is therefore recommended that the size of a Secondary Dwelling expressed as a percentage of the Principal Dwelling in Clause 5.4(9) of the LEP be reduced to 30%. The outcome would then be as follows: Site area Principal Dwl. Second Dwl. 200 117 60 300 172 60 400 206 60 500 217 60 600 231 69 700 269 80

Strategic Land Use Planning advises that the permissibility of Exhibition Homes and Exhibition Villages in the B1 and B4 zones should be reconsidered.

It’s unlikely that Exhibition Homes or Exhibition Villages would be developed in a B1 or B4 zone. However for consistency as stand alone residential development is not permitted in this zone, these uses should be prohibited as well. It is therefore recommended that Exhibition Homes and Exhibition Villages be noted as prohibited in zones B1 Neighbourhood Centre and B4 Mixed Use Developments in the Land Use Table.

Strategic Land Use Planning advises that the permissibility of Warehouse or Distribution Centres in the B4 zone should be reconsidered.

Warehouses are currently prohibited in commercial zones in Waverley under LEP 1996. Commercial centres in Waverley are generally small, surrounded by residential development and often on busy roads not suitable for heavy vehicles. As such it may be prudent to prohibit Warehouses or Distribution Centres from the B4 zone. It is therefore

recommended that Warehouses or Distribution Centres be noted as prohibited in zone B4 Mixed Use Development in the Land Use Table.

Strategic Land Use Planning advises that the permissibility of Shop Top Housing in R2 & R3 zones should be reconsidered (note it is mandatory permissible in the R4 zone). Shop Top Housing would permit a variety of business uses which would fall under the group term Business Premises which is a prohibited use.

Permitting the term Shop Top Housing eliminates a number of non conforming uses in locations surrounding commercial centres where there are existing shops attached to dwellings. It is unlikely that someone would build a new Shop Top Housing development as primary demand is for residential development. However, such development is contrary to Council’s direction to limit commercial activity where there is potential conflict with residential development. As such it is considered that Council should maintain permissibility of Shop Top Housing in the R3 zone but remove it from the R2 zone. It is therefore recommended that Shop Top Housing be noted as prohibited in zone R2 Low Density Residential in the Land Use Table.

Strategic Land Use Planning advises that the prohibition of Depots in all zones should be reconsidered.

Under the provisions of the current LEP 1996, Depots are prohibited in all zones except the 3(a) General Business and 3(b) Mixed Use zones. Due to the nature and size of the business zones Depots were no longer considered an appropriate use therefore making Depots prohibited in all zones. In order to effectively undertake Council’s operations, however, the ability to locate a depot within the LGA boundaries would be advantageous. The only zone capable of housing a depot is the RE1 Public Recreation zone. In order to allow that flexibility, it is recommended that Depots be added as a use permissible with consent to the RE1 Public Recreation zone.

Strategic Land Use Planning advises that 91 & 93 Ebley St Bondi Junction near the intersection of Ebley St and Bronte Rd have different zones but the same FSR and Height controls. Investigations should be undertaken to determine whether the zones are correct. If yes, then consider whether the height and FSR controls need amending.

This is a stand alone terrace building with two dwellings. No 91 is currently zoned B4 Mixed Use and is used for commercial purposes. No 93 is currently zoned R3 Medium Density and is used for residential purposes. While the status quo could remain, it would be preferable to give an indication of the future development potential of the site. It does not appear necessary to extend the commercial zoning further along Ebley St particularly as the neighbouring properties are zoned and used for residential purposes. As such it is recommended that in a future amendment, No 91 could be zoned R3 Medium Density and the additional use of “Office Premises” be permitted on the site and noted in Schedule 1 of the LEP. However this should be considered following preparation of the Bondi Junction

Urban Design Review. Strategic Land Use Planning advises that the reservation on 145 Bronte Rd should be removed and the site zoned B1 Neighbourhood Business.

The site is used as a carpark for the adjacent police station and courthouse but is currently zoned 7(a) Reservation Special Purpose – School. As such the site was originally zoned residential in the draft LEP and also identified on the reservation map. However, the Department of Education has since written to Council advising they no longer wish to acquire the site and it was thus removed from the reservation map prior to exhibition. As the future of the site has changed and is now likely to remain as part of the police station and courthouse, the residential zoning is no longer appropriate and should be zoned B1 Neighbourhood Business consistent with the police station and courthouse. It is therefore recommended that No 145 Bronte Rd be zoned B1 Neighburhood Business and removed from the Land Reservation Map.

Strategic Land Use Planning advises that due to a lot consolidation involving two parcels of land at 315-317 Bronte Rd, associated with St Catherine’s school, the newly created parcel of land has a dual zoning. Consideration should be given to whether the dual zoning is still appropriate or whether the new parcel should be rezoned to one zone only.

Under the draft LEP, the entire site is zoned R3 Medium Density. The school has made a submission and they support Council’s preference of an SP2 Infrastructure zone but request that the zone apply to the entire site. As such, whether the land remains R3 or is ultimately zoned SP2, the entire site will all be zoned as one. As it is recommended elsewhere in the report that school sites be zoned SP2 Infrastructure, it is therefore recommended that the whole of this site, being 315-317 Bronte Rd be zone SP2 Infrastructure.

Strategic Land Use Planning advises that Number 30 Murray St Bronte was incorrectly identified as a heritage item and consideration should be given to its removal from Schedule 5 of the LEP.

Number 30 Murray St Bronte was incorrectly identified as a heritage item in LEP 1996 (Amendment 33) and consequently carried forward into Draft LEP 2011. The correct address should have been 30A Murray St being Lot 1 DP 866215. Number 30 should therefore be removed from Schedule 5 and the Heritage Map and steps should be taken to include number 30A as a future amendment.

Strategic Land Use Planning advises that Number 67-69 Denison St Bondi Junction which is noted as heritage item I178 in Schedule 5 of the Map has been subdivided and the newly created lots developed. Consideration should be given to adjusting the description of the heritage item to remove the newly created lots from the listing.

Number 67-69 Denison St is an old church building located on the corner of Ebley St. The property was subdivided creating two new lots at the rear in Mill Hill Rd. The two new lots have been developed and do not have any heritage value. The description in Schedule 5 should therefore be amended to identify only the lot which is occupied by the old church building being Lot 3 DP 1118259 Strata Plan 79674 and remove Lots 1 and 2 DP 1118259.

Strategic Land Use Planning advises that the floor space ratio provisions for dwelling houses and dual occupancies in Clause 4.4(3) do not accurately reflect the intention of where this provision is to apply and reference to the bold blue line on the map is confusing. Consideration should be given to amending this clause.

Subclause 4.4(3) is an addition to the standard provision that the DoPI allowed Council to include in order to accommodate the sliding scale FSR that Council has applied to dwelling houses and dual occupancy development for many years. The clause was developed in conjunction with the DoPI however as written, does not apply to dwelling house or dual occupancy development in the R3 or R4 Residential zones. Application of the clause is shown by a bold blue line on the Floor Space Ration Map but this has also proved to be confusing. It is therefore recommended that the subclause be amended in order to apply the provision to the R2, R3 and R4 Residential zones. This will permit deletion of the bold blue line from the map and a note in the legend will eliminate any further confusion.

Strategic Land Use Planning advises that the floor space ratio and maximum building height for Council’s Administration Building is inconsistent with the existing situation.

The proposed controls for this site include a floor space ratio of 1.5:1 with a maximum building height of 13m. These controls do not reflect the existing building and should be amended. A floor space ratio of 2:1 with a maximum building height of 20m is required.

Recommendation : - That the projected flood planning areas for the years 2050 and 2100 be removed from the Flood Planning Maps and that Clause 6.3 be

amended to delete reference to the projected flood planning areas. - That the description of item I82 in Schedule 5 referring to Hotel Bondi be amended to read 178A Campbell Pde being Lot 1 DP 1130125. - That the size of a Secondary Dwelling expressed as a percentage of the Principal Dwelling in Clause 5.4(9) of the LEP be reduced to 30% . - That Exhibition Homes and Exhibition Villages be noted as prohibited in zones B1 Neighbourhood Centre and B4 Mixed Use Developments

in the Land Use Table. - That Warehouses and Distribution Centres be noted as prohibited in zone B4 Mixed Use Development in the Land Use Table. - That Shop Top Housing be noted as prohibited in zone R2 Low Density Residential in the Land Use Table. - That Depots be added as a use permissible with consent to the RE1 Public Recreation zone. - That No 145 Bronte Rd be zoned B1 Neighburhood Business and removed from the Land Reservation Map. - That the whole of the site, being 315-317 Bronte Rd be zone SP2 Infrastructure. - That the zoning of 91&93 Ebley St be considered in conjunction with the Bondi Junction Urban Design Review and reported back to

Council. - That Number 30 Murray St be removed from Schedule 5 and the Heritage Map. - That steps be taken to include number 30A Muray St being Lot 1 in DP 866215 in Schedule 5 and on the Heritage Map as a future

amendment to the LEP. - That the description of item I178 in Schedule 5 being 67-69 Denison St be amended to read Lot 3 DP 1118259 Strata Plan 79674 and

remove Lots 1 and 2 DP 1118259. - That Subclause 4.4(3) be amended to remove reference to the bold blue line and apply the provision to the R2, R3 and R4 Residential

zones and to amend the Floor Space Ratio map accordingly. - That the controls for Council’s Administration Building be amended to a floor space ratio of 2:1 with a maximum building height of 20m to

reflect the existing situation.

ATTACHMENT 14

General Issue No. L14 – Various Individual Issues Submissions – 10 letters received Key Issues – Various

Submission Comments Response Cr Sloan and the Queens Park Precinct Executive Committee suggest that the allowance of a Secondary Dwelling of 67% of the total floor area of the Principal Dwelling is too excessive.

This matter has been addressed in Attachment 13 of this report where it is recommended that the percentage be reduced to 30%. This will permit a Secondary Dwelling with a maximum floor area of 60m2 for blocks of land up to 550m2 in area with incremental increases above 60m2 for blocks greater than 550m2.

The Touching Base Organisation submits as follows: 1. Disagrees with the prohibition of Home Occupation (sex services). - Home occupations, home businesses and home industries are

exempt development under SEPP (exempt and complying development codes) 2008.

- No rationale to explain or evidence to justify prohibition. - No evidence that home-based sex work has any more impact than

other home occupations. 2. Disagrees with maintaining or extending location restrictions between sex service premises. - No rationale to explain or evidence to justify this restriction. 3. Should enable equitable access for people with disabilities. - No rationale to explain or evidence to justify prohibition of sex

service premises from the ground floor. - Creates a physical barrier for people with a disability.

The Standard LEP Template makes a distinction between Home occupations and Home occupations (sex services) in acknowledgement of the fact that the community may not accept the operation of a sex service business in a residential environment. Sex Service Premises have been included as a use permissible with consent in the B3 Commercial Core zone. Clause 6.5 is the model local provision which the DoPI has directed all Councils to use if they wish to adopt a local provision to control Sex service premises. The Bondi Junction commercial centre is the predominant commercial centre within the Waverley LGA and contains a number of existing sex service premises. The B3 Commercial Core zone is the only location in Waverley considered appropriate for such uses. It is therefore recommended that the prohibition of Home occupations (sex services) remain and that Clause 6.5 Location of sex service premises remain as drafted and exhibited.

FSR should be used as a guide and used along with other planning controls. It should not be a rigid planning control in an LEP and should remain in the DCP.

The State Governments Standard Instrument Template requires all Councils to only include FSR controls in their LEPs and no longer in a DCP. Placing FSR and Height controls in the LEP does create a

greater degree of certainty as there is a higher level of scrutiny required to vary these controls. Clause 4.6 of the LEP Exceptions to development standards does allow variations to development standards where the applicant can demonstrate that complying with a development standard is unreasonable or unnecessary in the circumstances of the case and that there are sufficient environmental planning grounds to justify contravening the development standard.

Supports the permissibility of Secondary Dwellings and suggests that Section 5.9.2 of the DCP be amended to allow bathroom/kitchen in laneway development.

Noted. This matter will be addressed in the report on Draft DCP 2011.

Basements should not form part of the GFA as they provide a low impact means of achieving more floorspace and can reduce height and impact.

The definition of GFA forms part of the Standard LEP Template and as such cannot be changed. However it is pointed out that while habitable rooms in a basement are included in GFA calculations, a storage area in a basement is not. This allows some flexibility in the allocation of floorspace in the habitable part of the dwelling.

Believes that Council’s ability to approve secondary dwellings that exceed FSR controls will be reduced even though they have an acceptable bulk and scale.

Clause 5.4 of the LEP “Controls relating to miscellaneous permissible uses” specifies the maximum size of a Secondary dwelling as being 60m2 or a specified percentage of the area of the principal dwelling, whichever is the greater. This is a compulsory clause in the Standard LEP Template that Council is unable to amend other than to specify the percentage of the principal dwelling. In addition, this clause is not afforded the ability to vary the maximum floor area control under Clause 4.6 “Exceptions to development standards”. It is considered that where an applicant wishes to construct a second dwelling that exceeds the maximum permissible floor area under this provision, they should instead consider the provisions for a dual occupancy under SEPP – Affordable Rental Housing.

Claims that not everyone received a letter advising of the exhibition of the LEP & DCP and that the letter that was sent was not very clear. Asked

‐ Were letters were sent to all property owners or to the street address.

‐ To whom were letters sent.

See the main body of the report for full details of the notification given to property owners and the exhibition of the Draft LEP.

Concerned about the noise from Bronte Park and Bronte Surf Club.

‐ The surf club has regular functions at night with amplified music creating a noise problem for neighbours.

‐ Residents are regularly disturbed by a group of drummers in the park who play for 8-12 hours at a time.

‐ Council should implement and more effectively enforce bans on amplified music and drumming in the park.

This matter has been referred to the appropriate officer in Council dealing with noise matters.

Writer submits as follows: ‐ Believe that the controls proposed by the Draft LEP and DCP do

not accurately reflect the prevailing height and density of a number of areas nor an appropriate vision for their future character.

‐ Requests a more fine-grained approach taking greater account of existing local character in order to reduce the number of “on-merit” exceptions required at DA stage.

In an area as dense as Waverley with the great difference in building styles existing side by side in many streets, while possible it would be very difficult to establish a fine-grained set of controls for all areas. In preparing draft LEP 2011, Council did not attempt to create a site specific patchwork of controls to reflect development on individual sites. The proposed control are generally reflective of development in the locality and do establish the vision for the future. Where an applicant believes that there is a strong case to propose a development that does not conform with the stated controls, there is an ability through Clause 4.6 of the LEP “Exception to development standards”, to vary from those standards.

Terms such as “Amenity” and “Impact” are not defined.

Terms such as amenity and impact are commonly used in the preparation of LEPs and DCP and in the assessment of development applications. It is not necessary to define these terms and their common definition as contained in the dictionary is sufficient. The Oxford dictionary defines “Amenity” as pleasantness (of a place, person etc). “Impact” is defined as an effect or influence, esp. when strong.

Asks whether the plan really intends to prohibit “Residential Development” in the R3 zone.

All forms of residential development are permissible in the R3 Medium Density zone other than “Rural workers dwellings”. The term “Residential accommodation” is however prohibited in the R2 Low Density zone. This is a group term referring to all forms of residential development including “Residential flat buildings” which are not considered appropriate in a low density zone. Less dense forms of residential development such as “Dwelling houses”, “Dual occupancies”, “Semi-detached dwellings” however are permissible.

Writer asks why land that is “Unzoned” such as Syd Einfeld Drive, Water Reservoirs and Eora Park have an FSR and Height controls.

There is no unzoned land in Waverley Draft LEP 2011. Syd Einfeld Drive and Waverley Reservoir are both zoned SP2 Infrastructure. It’s appropriate for these sites to have controls in the event that any development is proposed in future. Eora Reserve is zoned RE1 Public Recreation. Height and FSR controls do not apply to open space land and are not considered necessary.

Writer asks how come Church Lane (off Grafton St) still gets a guernsey in the maps.

Church Lane cannot be located. It is not known which lane the writer is referring to.

Writer claims that there are numerous parcels of land (laneways) owned by Council that are incorrectly identified as road.

The writer does not identify these parcels of land. It is not known which laneways the writer is referring to.

Writer questions why Residential Accommodation is prohibited in the R2 Low Density Residential zone.

The term “Residential accommodation” is prohibited in the R2 Low Density zone. This is a group term referring to all forms of residential development including “Residential flat buildings” which are not considered appropriate in a low density zone. Less dense forms of residential development such as “Dwelling houses”, “Dual occupancies”, “Semi-detached dwellings” however are permissible.

Writer points out that in relation to Affordable Housing, Clause 4.4A(2) makes reference to “Area B” which cannot be found on the map.

This clause was drafted by the DoPI. “Area B” refers to the previous method of identifying the relevant land on the FSR map. The map now identifies the land by a bold purple line and the schedule on the map refers to Clause 4.4A. Unfortunately the wording in the clause did not keep up with the mapping change but the relevant land was still identified on the map. This will need to be rectified in the final drafting of the LEP and it is recommended that Clause 4.4A be amended to replace reference to Area B with the words bold purple line.

The change in definition of GFA increases the FSR of a 200m2 block from .85:1 to 1:1. Increases in FSR tend to come at the expense of open space and loss of neighbours amenity and unreasonable impact.

Controlling the scale of development has been and will continue to be based on a number of elements including floor space ratio (FSR), height, zone and site area. However, development must also comply with a number of other design controls in the DCP that have been designed to minimise impacts on neighbours, safeguard environmental concerns and contribute to local character and streetscapes.

Concerned that the change in definition of GFA and resultant increase in building bulk will reduce the amount of open space required ensuring that more and more often only the minimum open space being provided.

An assessment was carried out of approvals for dwelling houses granted over the last four years. Of all the applications examined, 34% were granted variations to FSR controls. No trend was determined to indicate that particular lot size categories or suburbs were granted

more variations than others. Where applications exceeded the permissible FSR the justifications were well founded and documented in the assessment officer’s report. These included:

- The increased FSR did not increase the bulk or the building;

- Other controls including height and setbacks were maintained;

- There was no impact to the adjoining premises; - There was no impact on the streetscape amenity; and - The increased FSR was consistent with other

surrounding properties. As demonstrated above, an increase in gross floor area due to the standard definition does not equate to greater impacts on neighbours or diminution of the application of other controls.

LEP 5.4(g) at 67% of the main dwelling the secondary dwelling may be excessive in scale and bulk in relation to its location. These secondary dwellings will be reducing the amount of private open space.

This matter has been addressed in Attachment 13 of this report where it is recommended that the percentage be reduced to 30%. This will permit a Secondary Dwelling with a maximum floor area of 60m2 for blocks of land up to 550m2 in area with incremental increases above 60m2 for blocks greater than 550m2.

Suggests that the aspect of affordable housing be removed in its entirety until such time that an effective workable policy can be delivered. This policy over an area not described provides marginal social benefit for a limited period of time.

See the main body of the report to the FESP meeting of 6th March 2012 for a more detailed discussion on Affordable Housing.

Recommendation – That Clause 4.4A be amended to replace reference to “Area B” with the words “bold purple line” as the means of identifying application of Clause 4.4A.

ATTACHMENT 15 DCP SUBMISSIONS

Specific Issue No. D1 – Traffic and Parking Submissions – 7 Summary of Issues – size of garage spaces, safety, loss of landscaping and open space, congestion, car parking generation rates. Submission Comments � Concerns raised over the impact of large vehicles in small private parking spaces resulting in:

- vehicles overhanging footpaths making passage for pedestrians difficult or dangerous; - garbage bins being unable to fit resulting in bins being left out, particularly in lanes; and/or - cars being parked on the road reducing on-street parking spaces.

� Suggest requiring a parking size that is 0.5m larger front and back than the BCA requirement. � Applications for a hardstand or carport, must:

- allow 50% open space/ landscaped area that does not include a hard stand or carport as per the DCP; - allow for a vehicle with a rear opening door that is not a hatch but side hinged; - ensure that there is adequate space for the storage of bins as well as the open space and hard stand if there is no rear lane or other access; - ensure there is adequate space for a passenger and a driver door to be opened whilst the vehicle is parked inside the property; - ensure that there is adequate space for children to pass around the front or rear of the car with the boundary gates shut and vehicle doors

open; and - mandate electronic gates and garage doors.

� Waverley’s roads continue to become increasingly congested placing greater pressure on scarce on-street parking, public roads and footpaths. � Congestion is a particular issue in Bondi Junction and Bondi Beach during November – March.

� Urge more stringent controls to be put in place including:

- preventing hardstand spaces; - prohibiting vertical stacked packing; and - stopping further creation of driveway crossings on busy pedestrian thoroughfares.

� Councils involvement in car share schemes is welcomed. � Controls should actively rewarding households which own no vehicles eg: reduction in rates or cost of on street visitor parking scheme.

� Understand Council is proposing to allow parking on nature strips which is not supported. � In November 2011, Council adopted the Waverley Transport Plan. This plan included actions to reduce the parking generation rates in Bondi

Junction and remove a minimum parking requirement.

� The parking zone map in Part B - Figure 7 does not reflect the views of the Transport Plan Working Group. Recommend the Bondi Junction parking zone reflect the commercial centre of Bondi Junction and include: - all of Spring St; - the northern side of Ebley St between Denison St and Hollywood Ave; - Oxford St (both sides) between Old South Head Rd and Denison St; - Waverley St and the northern side of Llandaff St; - Adelaide St; and - Grafton St east of Leswell St.

� Part B p 35 - Amend control (b), as follows:

- Properties which have two street frontages are only permitted to have one vehicular crossing to the secondary frontage only e.g. the lane. � Part B 9.0 Safety of DCP only deals with safety and crime sourced dangers and should consider vehicular traffic with the amenity of private sites.

This danger is magnified the further the vehicle is driven off the road to its parking spaces particularly if it must reverse to access the public road. Recommend that vehicle parking is located as reasonably close to the public street as possible.

� Section 1.10 Vehicular Access and Parking of Part C1 of DCP includes an objective ‘to maximise pedestrian and vehicular safety’. Despite this j(ii) lists a garage or car park may be located at the rear of the site with access from the street frontage which is dangerous and incongruous with the objective. Recommend this option be deleted as: - it devotes 20 -25% of the site to driveway, a waste and a blight to the amenity of the site; - the above area is taken out of the potential for soft landscaping unnecessarily increases site drainage load; and - backyards are precious, private outdoor living spaces of homes and should not be lost to a driveway and garage.

Specific Issue No. D2 – Secondary Dwellings and Laneway Development Submissions – 11 Summary of Issues – minimum lot size, maximum height, maintaining neighbouring amenity, permissibility in Queens Park area. Submission Comments � Secondary dwellings are a common form of affordable housing in inner city areas and when located above laneway garages provide passive

surveillance and generally improve the amenity of the laneway. They also lead to greater social diversity. They should therefore continue to be supported by Council by: - not excluding granny flats from lots under 450m2 especially when the bulk of lots in Waverley are less than 450m2; and - allowing bathroom and/or kitchen facilities to facilitate occupancy of dwellings located on laneways.

� Under the Affordable Housing SEPP, Council must not refuse applications under the SEPP for lots greater than 450m2 which still allows scope for council to assess applications for lots smaller than 450m2 on a merit basis.

� Secondary dwellings on small lots inevitably lead to a built form with a FSR in excess of the DCP which could be remedied by locating development on the laneway and further building and envelope controls etc to lead to an acceptable bulk and scale (i.e Secondary dwellings on

Chesterfield Parade laneway are over FSR but are good outcomes). � Council has the ability to vary FSR in the DCP which will not be the case once transferred to the LEP which will lead to a bad social outcome of

less secondary dwellings.

� The State codes do not appear to reference many sites in the area including those under 4m wide. Recommend total laneway development heights be adjusted to accommodate a block under 4 metre wide.

� Bathrooms and kitchens should be excluded. � The maximum ridge height should not be raised from 5.6 to 6m. � Site boundary heights should be no more than 3.3m in line with state regulations. � Previous DCP controls allowed the external wall height of 3.6m to be extended to 5.6m where there is a gable. This has resulted in many residents

now with wall heights of 5.6m on their boundaries and the impact is terrible, especially for those on small blocks. � Having studio developments with gable ends joining up along laneways results in sky and sunlight being blocked and would need to meet strict fire

hazard controls. � A minimum site area of a least 450m2 should apply for granny flats/ secondary dwellings on laneways.

� In some cases controls are more lenient than state regulations. Controls need to be consistent with Codes SEPP with minimum site area

requirements as previously outlined in the DCP. � Reference the Affordable Rental SEPP where it applies. � The architectural environment ultimately affects the community’s health and wellbeing and this should be a top criteria for any change. � Development on narrow laneways with increasing height and density impact on the quality of life for residents in neighbouring smaller

developments. � Controls are required for dormer windows. � As dormer windows are becoming increasingly popular on laneway development and garages greater controls are required to ensure they do not

overlook or are too close to existing developments resulting in existing houses lacking privacy. � Dormer controls in laneway development appear to be looser in the draft DCP despite support from the LEC ruling no. 10647 of 2003 wherein

narrow separation between residential buildings and narrow laneway developments influenced the courts decision to refuse a dormer window development appeal.

� There should be controls to prevent dormer windows along sides of studios that are out of proportion to the development and out of character with the area.

� DCP should consider controls in Paddington Heritage Conservation Area DCP 2008 that require lofts to have the roof structure gable ended to the laneway, have windows located only in the gable ends and have no dormer windows.

� Windows should be externally screened according to state regulations and only exist on the lane side not facing back into the yard to reduce

negative amenity impacts to neighbours. � Create specific controls needed for the Queens Park Area in light of its draft heritage status, the Queens Park Character study and the fact that the

state regulations do not apply to many sites in the area as they do not have a width of 6m and few blocks are over 450m2. � The total ridge height should not be increased to 6m but reduced in Queens Park due to its special character and heritage status and particular for

lots under 6m wide. � DCP should not state that Council wishes to encourage laneway development in Queens Park Area. � Additional controls required to ensure laneway development portrays the Cottage style and feel of the area and include:

- recessed pedestrian door ways for entry & garbage retrieval; - planting; and - increased set backs requirements.

� Final controls should be imbedded in our LEP. � Amend Granny Flat references to Secondary Dwellings.

Specific Issue No. D3 – Residential Character Study Areas Submissions – 4 Summary of Issues – Removal of Bronte Character Area, approval of modern development in character areas, study area controls better suited to conservation area controls, inclusion of Bronte Plateau North as a Heritage Conservation Area. Submission Comments - � Concern over the loss of Bronte Residential Character Area and should rather have further controls to strengthen it. � DCP does not respond to the unique existing of Bronte but rather refers to the emerging character. � Council continues to approve ‘box’ like architecture which is creating a hotch-potch of styles. Developments should only be approved that

maintain the character of the area. � Queens Park Character Study given its status as a conservation area and would seem to be redundant and it would be better to develop these

controls into a more focussed control / statement of significance linked to the new Conservation Area. � Support the proposal for Bronte Plateau North to be included as a Heritage Conservation Area. The area centred on Read Street is a former

Intercolonial Investment Companies ‘Palmerston Estates’ subdivision from the 1890’s. The street provides fine but modest examples of Victorian houses with good landscape qualities and mostly rear lane car access. It is important that these features are not ignored in the DCP or the historic and landscape features of the area could be lost.

Specific Issue No. D4 – Hours of Operation and Licensed Premises Submissions – 10 Summary of Issues – Increase in antisocial behaviour, restriction of trading hours, extension of trading hours, trial periods. Submission Comments - � Suggest that existing state legislation, namely the Liquor Act 2007, Liquor Regulation 2008 and Casino Liquor and Gaming Control Authority Act

2007 adequately provide controls to regulate and manage licensed premises. � Controls within the DCP creates duplication and inconsistency. � Object to the blanket approach to the restriction of hours when the intent seems to be for licensed premises with no regard to individual

circumstances and proposed on-site management activities. � Hours of operation should be considered on its merits. � Controls must meet the needs of all its residents and business owners by using existing trading hours and legislation to regulate the small number

of businesses and patrons that contribute to antisocial behaviour. � The controls will effectively prohibit businesses from opening later than 1am forcing parties to private homes and parks etc creating greater noise

disturbances. This is particularly incongruous with Bondi Junction identified as a major centre and Bondi Beach a significant tourist destination and Charing Cross.

� Controls do not include entertainment facilities, function centres, registered clubs, vehicle repair stations or industrial outlets. � The requirement that any premises that operates beyond the base trading hours will always be on a trial period creates uncertainly and will effect

funding for hotel upgrades. � Trial periods provide a level of unnecessary uncertainty given the Liquor Act 2007 already provides power to Councils and the community to limit

hours of non-compliant venues. � It is questioned whether reviewing trial periods when a DA is received for a refurbishment it meets the ‘Newbury Test’ that the condition must fairly

and reasonably relate to the development for which permission is being given. � Concerns that should an application be lodged for alterations and additions the hours of operation may be amended. � New controls create a need for unnecessary complex plans of management which are required where a premises wishes to apply for an extension

of trading hours on a trial period. � Should trial periods be continued a section 96 is a more efficient avenue to renew trial periods. � Assessment of trial periods is unclear. � One and 2 year trial periods are considered too short and should adopt a similar approach to the City of Sydney being 1 year for first trial period, 3

years for second and 5 years for the third. � Recommend that the DCP remain silent on permissible lengths of trial periods given the issue of continuance when a business is sold or is under

new management. Suggest Council develop a system of advising the operator of a development which is subject of a trail period and specify when renewal is required.

� Recommend the clause be simplified and rewritten to: - In determining any application which seeks consent for hours of operation which extend beyond the general base trading hours specified in

clause 1.3(d) for the zone in which it is located, Council shall consider: o the location of the premises, including proximity to residential and other sensitive land uses o the specific use of the premises; o the existing hours of operation of surrounding business uses; o the size of the premises;

(ii) any such trial shall only be granted on the basis of it being for a trial period; (b) (ii) In determining any application which seeks to continue to operate hours beyond the general base trading hours specified in clause 1.3(d) for the zone in which it is located, Council shall consider:

o matters listed in (a)(i) o security and general management of the premises; o number and nature of substantiated complaints regarding the operation of the premises; o compliance with conditions of consent; o evidence that the applicant has taken a pro-active position in terms of industry best practice; o record of successful waste management on site and clean up and management of waste in adjacent public domain.

(ii) Council may resolve to grant consent on the basis of a further trial period. (c) (i) Any application for the continuation of hours of operation extending beyond the general base trading hours specified in clause 1.3(d) for the zone in which the development is located shall be made within the period commencing four (4) months prior to the date of the expiration of the trial period and extending six (6) weeks after that date;

(ii) where an application is lodged during the period specified in (i) for a continuation of hours of operation, the development may continue to operate in accord with the hours of operation of the consent, the continuation of which is being sought, until such time as the application is fully determined; (iii) in the event no application is made during the period specified in (i), the development shall cease to operate for longer than the general base trading hours specified in Clause 1.3(d) for the zone in which it is located from the date on which the trial period expires.

� Controls should go further than limiting trading hours as the impact but rather trading aspects eg: noise, lighting waste and odours. � Recommend additional controls which acknowledge land use conflicts and consider controls to mitigate against impacts such as acoustic

shielding and mechanical ventilation. � Limiting delivery and operation of loading docks to approved trading hours would intensify conflicts between cars and pedestrians on the

congested streets and exacerbate competition for parking and limit operations such as bakeries which require deliveries before opening hours. It is noted however that it does not include waste.

� Hours of operation is defined as trading hours by LEC. It does not encompass opening and closing activities. � Limiting trading hours will limit work that is necessary before opening hours such as repairs, deliveries and food preparation.

� The control requiring pre works and clean up of the premises can exceed the maximum base trading hours in commercial zones up to a maximum

of one hour is considered unreasonable.

� Limiting gaming services is considered to go against section 109 of the gaming machines act 2003 and should be deleted. � It is unclear if prohibiting spruikers and amplified music is referring to amplified music across the LGA or in public places. If it is to prohibit

amplified music this is considered unreasonable and inconsistent with NSW Governments initiative to encourage live entertainment. � The controls are inconsistent with the Planning for Entertainment Guidelines published by the Department of Planning (PS09-028 and Planning

for Entertainment Guidelines: October 2009). � Recommend Council look at planning instruments for licensed premises and the surrounding area before locking in the draft DCP. The WA Local

Government Alcohol Management Package includes a number of controls that Council might consider. � Recommend Council refer to the following resources in preparing controls:

- City of Sydney Late Night Trading Premises DCP 2007 - Victorian Government department of Planning and Community development – Planning for Licensed Premises legislation and in particular

controls relating to the cumulative impact on licensed premises. - City of Sydney’s Late Night Trading Research Project.

� Recommendations include: - establishing a criteria that will allow Council to determine when an area has reached a saturation point; - establish a protocol that allows residents of an affected area to petition Council to identify an area as saturated; - to continue its assessment of an identified saturated area using annual independent surveys of those areas to determine whether it remains it

that category; - seating capacity limitations, limitation on the height of tables and plans of management; - further restricting opening hours where there is a recognised cumulative impact and clustering of premises; - removing the capacity for extended trading hours; - that ‘clustering’ and ‘cumulative impact’ be included as recognised concepts with the ability to invoke controls; and - urge more enforcement of Alcohol fee zones.

� Waverley has one of the greatest proportion of alcohol hotspots and is attributed to the high level of antisocial behaviour. � The prevalence of licensed premises and antisocial behaviour is increasing. Specific Issue No. D5 – Footpath seating Submissions – 4 Summary of Issues – compliance with Australian standards, compliance of controls, location of footpath seating. Submission Comments - � People with low vision rely on the building line for guidance and wayfinding and seating located against shopfronts prevents this. � The footpath policy should conform to the DDA and approvals should not contradict the policy. � Seating licenses should only be approved when the location allows a clear unobstructed footpath width that conforms to the Australian Standards

AS1428. 1-2 for access and mobility. � Consideration should be given to widening the footpath or creating specific seating zones to reduce conflicting usage and to allow adequate

space for café seating that does not obstruct pedestrian access. � Seating is regularly found to be outside the marked licensed area, blocking pedestrian access and compliance is limited. � Adjustable height tables should be recommended. � The footpath gradient and cross fall should be considered when approving café seating licenses as wheelchair users can find it very difficult to

travel along a narrow space when the footpath gradient or cross fall is poor. � Many of Waverley's footpaths are cluttered and not pedestrian friendly. Unobstructed footpaths are very important to allow people with a range of

disability a continuous path of travel. � Seating should not be permitted in high traffic areas, near traffic lights, bus stops, too close to street furniture and plantings. � Require more than minimum access requirements for such highly dense areas as Waverley. Specific locations that are problematic are cafes

along Hall Street, sections of Bondi Rd and Bronte Beach. � Council Motion that:

- Council impose a one year moratorium on any new outdoor seating Macpherson Street east, Charing Cross, Murray Street, Belgrave Street and Hall Street, while Council explores options to introduce a limit on footpath seating in any of the above commercial areas, or Council designates areas suitable for footpath seating;

- this is undertaken within one year so that when the moratorium expires the policy is in place or is in the DCP. � The motion is based on concerns raised that local villages retain their eclectic mix of shops that serve the community and are not limited to strips

of cafes and bars. Specific Issue No. D6 – Noise Submissions – 4 Summary of Issues – increasing noise pollution, lack of noise controls. Submission Comments - � Noise is becoming an increasing issue from waste vehicles, sirens from ambulance and police, barking dogs, proliferation of swimming pools,

deep excavation, noise from leaf blowers and wiper-snipers, music, noise in cafes, Mr Whippy, major building works, renovations, council and public activities, parties and council sanctioned entrepreneurial events.

� Most police complaints relate to noise and are largely a result of the absence of any meaningful noise management strategies in Councils planning instruments, policies, plans of management.

� Urge Council to establish tools which allow noise pollution sources to be identified and to force the people responsible to significantly reduce noise levels.

� Councils should refer to NSW Government Noise Guide for Local Government to assist in strategies.

� The 2009 World Health Organisation publication Night Noise Guidelines for Europe makes a strong case for an emphasis on noise controls. � Council Motion that:

- Council discourages first floor restaurants/ bars in our village shopping centres as the impact on the amenity of neighbours is potentially too great, the noise attenuation measures required are substantial, and the loss of residential accommodation is not supported.

Specific Issue No. D7 – Site Specific Controls Submissions – 3 Summary of Issues – Bronte RSL, Loretto Site, Special use zones, need for site specific controls. Submission Comments - � Concerned about RSL site at 113 Macpherson St and request that specific controls be applied which limit the scale of development. � Specific concerns include:

- traffic generation to the rear in Chesterfield Lane and request that cars be limited as there is good public transport and a taxi rank; - Traffic generation and potential conflict with buses in McPherson Street; - The impact of the retail component on the strip shops; - Loss of views, light and privacy of residents in Chesterfield Parade and adjoining building ‘Ocean View’ – request the floor space ratio of the

proposed apartments be limited, the building height be a maximum of 13m and any new development to be stepped down at the rear due to the considerable level change as outlined in DCP2;

- The RSL was originally given concessions in terms of floor space, site coverage because it was regarded as a community facility. Some of these concessions should now go back to the community perhaps in the form of a meeting room;

- The current building is not sensitive to the streetscape and the new building should reflect the character and scale of the neighbourhood; and - Noise generation and loss of amenity due to any proposed retail area having to be serviced by delivery and others service vehicles at all hours

of the day and night.

� Concerned about Loreto site at 363-267 Bronte Road and request that specific controls be applied to these sites which limit the scale of development.

� Need controls to give certainty to development of schools and hospitals in residential zoned land. � Both the current DCP and LEP have no restrictions on heights and FSR for Special Use Zones. � These sites should have site specific DCPs. Specific Issue No. D8 – Bondi Junction Submissions – 2 Summary of Issues – Eastgate shopping centre, design excellence, setbacks. Submission Comments - � The bulk, scale and general massing of the existing Eastgate Centre will make compliance with many of the draft DCP controls not possible and

therefore recommend site specific controls. � Specific concerns relate to:

- Built form control – the objective of mitigating the effect of tall buildings on the street and control the block edge form with a lower 2/3 storey façade. The current scale and utility character of the Ebley Street address of the Centre.

- Building use – On primary shopping streets, the ground level of buildings must be designed and used for retail purposes. The Centre is principally characterised as an internalised shopping centre and is expected to continue operating in that manner for the foreseeable future.

- Active street frontages – On primary streets, one door per preferred 6m length of street frontage and not more than 10% of the street frontage can have blank walls or service areas. Again the centre is large internalised and a specific design response is warranted.

- Awnings and colonnades – the awning treatment is currently being reviewed and we note the need more specific response that still accounts for the DCP objective.

- Linkages through the centre – the draft DCP does not actively support the generally desirable planning outcomes of a well connected and legible CBD and no practical incentive to provide these links. Figure 32 anticipates east west together with north south links through the centre. This has the potential to be a significant constraint on any redevelopment of the centre and is strongly objected to in the absence of a centre specific solution that otherwise adequately addresses the retail/commercial role of the centre.

- Design excellence – The provision is supported but it does not promote nor reward good design. The Penrith and Parramatta City centres provide practical incentives and transparent ways to acknowledge design excellence. There is a string potential to apply such an approach to Eastgate considering its scale and strategic role.

� Design Excellence control should require applications to be prepared by a Registered Architect as SEPP 65 requires. � Side setbacks controls are unclear. Suggest nil for sites under a certain size. Specific Issue No. D9 – Heritage and Streetscapes Submissions – 4 Summary of Issues – Aboriginal heritage, greater controls for streetscapes surrounding conservation areas, greater controls for commercial heritage. Submission Comments - � Heritage and conservation areas are meaningless unless supported by surrounding context eg:

- Prospect and Henrietta Streets which form a corridor between Charing Cross and Brown Street Conservation Area; - Wiley, Campbell Street etc; - View Street.

� Rear lanes within conservation area should be treated as part of the conservation area. � Site amalgamations can destroy the subdivision patterns which are part of the heritage legacy. � Heritage is more than facades - Controls need to acknowledge interiors and below awning shop fronts. � There should be no advertising on awnings in conservation areas. � Buildings that originally had awnings with posts should be restored.

� Charing Cross needs to be identifiably different to Bondi Junction. � No more shops should be permitted on Bronte Road between Birrell and Victoria Streets. � Emphasise that Charing Cross Conservation Area is not confined to a shopping strip. � The rendering of older face-brick residential flat buildings is a trend that dilutes the architectural quality of these buildings and prohibited. � p 18 1.5.1 (c) balconies to the front are fine and can be done well and should be allowed. Discouragement of side balconies is supported. � p 45 - Verandahs – some additional controls:

- (d) reinstatement of verandahs to be based on historical and urban design grounds e.g. favoured on commercially zoned land and / or buildings with a history of such structures. Street verandahs may also be considered to new building on merit;

- (e) pillar and post balconies to be setback a minimum of 600mm from the kerb / carriageway and self supporting. � Controls relating to developments within heritage conservation areas should not unduly restrict foreseeable redevelopment opportunities that take

advantage of existing services and public transport. � Believe the draft controls do not accurately reflect the prevailing height and density of a number of areas or an appropriate vision for their future

character. Request a more fine grained approach taking greater account of existing local character in order to reduce the number of ‘on merit’ exceptions at DA stage.

� Request further objectives and controls relating to Aboriginal heritage. � Include an overarching Philosophy/ Objectives in the LEP and/ or DCP which:

- document, protect and preserve the potential Aboriginal Subterranean heritage as identified in the Waverley Aboriginal Cultural Heritage Study. - covers the idea that Aboriginal Torres Strait islander people have an ongoing ‘Connection to Country’ which prompts a responsibility to

maintain an ongoing modified postcolonial totemic ‘Custodial Relationship to Land, Water and Biodiversity’. - include the rationale/ philosophy for ‘Earth Jurisprudence’ or ‘The Rights of Mother Nature’ similar to the way Ecuador and some other

Countries following suit have given any person the ability to stand up in “The Public Interest’ to give an ecosystem a voice for challenge against any adverse impacts it may potentially suffer in the face of any proposed development/ project.

� Investigate controls which: - Consider zoning options to cover potential areas of Aboriginal heritage; - Expand control relating to excavation near sandstone outcrops to requiring proceeding initially by manual hand shovel digging until it can be

clearly established that Aboriginal heritage is not endangered; and - Require a seismic report for excavation for areas of filled or undisturbed sandstone hollows/ caves/ overhangs existing below ground surface

which have the potential to yield archaeological/ aboriginal/ heritage finds.

Specific Issue No. D10 – Bondi Beach Submissions – 3 Summary of Issues – Heritage, public domain, sense of place, residential amenity.

Submission Comments - � Change name of Bondi Beach Precinct to Bondi Beach Front and remove references to precinct. � Create additional objectives for 2.1.1 which refer to the recreational zone and how buildings relate to the beach. � Delete clause 2.1.2 (c) ‘To ensure that the Bondi Beach Precinct maintains a high level fo vibrancy at all time of the day’. � 2.1.5 – Acoustic and visual privacy to have separate controls. � Add additional control ‘to minimise heritage impacts on identified heritage items and conservation area within this and the adjoining area. � The entire Bondi Beach area could be considered for classification as a heritage protected area. � 2.2.4 Campbell Parade - All controls seems to be focussed on restricting height and development in this street and none identifying what is good

about Campbell Parade – namely the consistent streetwall of Victorian / Art Deco buildings. Infill buildings should firstly respect the scale and siting of the streetwall and have limited gaps on the sides, including the residential part to the north. The worst recent infill on this strip is when you get a building with DCP compliant side setbacks that look like it belongs in Kingsford, not Campbell Parade. I suggest a specific control to reproduce the streetwall:

- (f) New buildings are to address the character of adjoining building and generally reproduce the side setbacks, bulk and scale of the adjoining streetwall.

� There has been a gradual denial to local residents of the same basic privileges that are taken for granted by residents in neighbouring communities including: - the peaceful enjoyment of ones living space; - the safety of public areas - access to local shopping villages that provide a range of businesses that service the local community rather than focuses on day trippers which

creates traffic and parking issues for residents. � Recommend the LEP and DCP be strengthened to protect the amenity of residents. � Given the iconic status of Bondi Beach it requires further recognition in the DCP and supports changing councils name to Bondi Council.

� Increase acknowledgement of the centrality of the public spaces and the need for active linking of all public domains with the beach i.e sand, park,

beach, sea horizon, footpaths and roads. � Emphasise the first glimpse ‘wow’ vista of the beach as people arrive from Bondi Road and sea horizon along Hall Street. � Pedestrian access to the beach from the built area is clearly important for most of the visitors but not mentioned in the DCP. � 2.1.3 Built Form: Question control (f) and feel that the public domain does not have to be useful to be protected in this way. � 2.1.6 Views: Make the views of the public domain the first objective to emphasise importance.

� Minimal mention of the hugely influential weather patterns and the sense of seasonality. As a result there is limited controls on how to orient

buildings, best building forms to capture sea breezes such as louvers and ventilation issues. � No advice on the use of metals which will rust because of the corrosive effects of sea spray. � No mention of access for cleaning off the spray from massive picture windows. � Without such controls developers will continue to build apartments that are carbon copies of homes that are clichés of modern living: air

conditioned aquariums that could be anywhere. For example the residential tower component on the site of the old Hakoah club where the sunny north aspect is identical to the south aspect and designed is based solely on views.

� DCP should ensure that new buildings have a greater sense of where they area which is part of Councils sustainability mission. � The proposed controls will be inadequate to meet the aggressive demands of developers. � Halting Land Subdivision Consolidation. The recent large developments are at odds with the established character of the area.

� 2.1.2 Building Use: Question the use of vibrancy which can be interpreted by commercial interests to mean longer trading hours and more

alcohol outlets. Do not want to encourage vitality in particularly at night. Specific Issue No. D11 – Telecommunications Submissions – 2 Summary of Issues – consultation, inclusion of controls within DCP. Submission Comments - � Concerned about the proposed mobile telecommunications tower (Total Communications Infrastructure – OPTUS) and the perceived inadequate

consultation process with the residents. � Council should act on the local areas behalf to ensure community concerns are met. � Council Motion that:

- The DCP Include provisions for assessment of telecommunication infrastructure including amendments with reference to relevant legislation, regulations and telecommunication codes, noting existing provisions in North Sydney and Woollahra DCPs and WDCP 2008 Section G3 and that the amendments include: o obligations on the telecommunication industry/ carrier to advertise and convene a public meeting as part of the community consultation

process in relation to proposals which will increase the Electro Magnetic Radiation (EMR) levels in the local council area; and o extend community consultation timelines to allow councillors and council officers to receive representations from the community upon

which to base Councils response to the telecommunications proposal.

Specific Issue No. D12 – General Issues Submissions – 12 Summary of Issues – level of variation and uncertainty of controls, landscaping, solar access, open space, duty of care, Access and Mobility, garbage bins, trees, contamination, stormwater, signage, waste, sustainability, adaptable housing, population forecasts, basement provisions, alts and

ads to RFBs, local village centre controls, toilet requirements for commercial development. Submission Comments - � Concerns that Council is not following its own DCP controls and allowing too much variation. � It is understood that the DCP cannot prohibit any works however in some cases this is outlined in the DCP. � Include explanation of hierarchy of local village centres in Local Village Centres Part of DCP. � Comments relating to controls within Part C1 – Dwelling House and Dual Occupancy Development including:

- Concerned that the term “unreasonable impacts” is not defined in the DCP and is open to abuse and misinterpretation. - In clause 1.4.2, reference to section 3.3.1 above cannot be found. - Suggests that a minimum dimension for landscaped area should be included. - Suggests that Clause 1.8(d) be reworded to read “Where a reduction of direct sunlight to solar collectors or private open space of an adjoining

property is caused by floor space, building height or setbacks that do not comply with the relevant control, any reduction of sunlight will be considered unacceptable”

- No control of location of building services is provided for residential dwellings and suggests inclusion of a paragraph specifically excluding the mounting of air conditioning plant on the roof.

- Concerned about controls relating to AC plants, overshadowing of solar hot water and solar PV panels. � Councils 2005 Recreational Needs Study suggested worked on the assumption of a population density of around 2/3 of the current density.

Furthermore, it did not expect the population to increase significantly and population growth was not a major issue for future recreational needs planning. Three years on the population is 10% more than 2022 projection. Much of our open space is near the beach which will be subject to sea level rise. Questions how the LEP and DCP proposes to mitigate the anticipated loss of open space noting that no further open space is proposed to be generated in the LEP.

� It is noted of Councils obligation of duty of care in addition to it being a legal obligation but as a concept used within Government to convey the

special (but broader responsibilities) that are owned to the community. � The DCP should be consistent with the New Access and Mobility Plan 2011 – 2015 and developers should plan and integrate early in the design

stages access and mobility provisions. � Consider including a clause requiring relevant development applications to provide a Statement of Access Consistency with the DDA to be

consistent with the Access and Mobility Plan. � Bins should be out of site on private land behind fences or screens if necessary. � There are no controls relating to penalties for breach of conditions. Recommend Council require security deposits of $50,000 or more for a mature

specimen with considerable public value and $25,000 for lesser specimens.

� The requirements for contaminated site should be more specific and reflect current practice, which is,

- if contamination is revealed in the preliminary assessment, - a Remedial Action Plan reviewed by an Accredited Site Auditor is required to be submitted at DA stage or prior to the application being

determined. � A threshold is required for when a storm water management plan / hydraulic drawings are required e.g. where roof area is increased by 10% and

for all first floor additions.

� The signage policy is still to descriptive and does not articulate a useful approach as to where we want signage. Suggest the signage only permitted below awning and parapet, the rest of the building should be architecture.

� Above awning signage is generally not allowed. The only acceptable above awning signage is building name signage that should be integrated into the architecture of the building and represent either a main tenant’s name / brand, a use within the building or its name.

� Controls required which considers the demand for new levels on older residential flat development.

� A new control required to consider broad ESD / maintenance benefits for the whole building including:

- Additional levels to existing residential flat buildings may be considered such as where: o One (1) level only is provided; o There is minimal environmental impacts eg views / shadows; o The look and architectural form of the building is enhanced; o The additions must provide for a real environmental improvement for the whole building such as façade maintenance and whole-of-

buildings ESD measure; o Improved landscaping; and o Improved waste management facilities.

� It is good to simplify the Local Village Centres DCP where controls were too prescriptive but the courtyard / rear lane development focus for

redevelopment of these sites should be retained. � Annexure B1-2 removed the waste generation rates for restaurants, boarding houses, etc. The inclusion is very useful and provides an important

guide for waste generation across the broad range of waste generating uses. It is particularly useful for shops, cafes and boarding houses where the waste generation is commonly underestimated. Without a guideline in the DCP there is little basis to support conditions of consent requiring adequate waste and recycling facilities. Recommend the extract of waste generating guidelines be re-inserted into the Annexure.

� The controls relating to Green Star are only relevant to commercial development and should therefore be included within Part D as a fundamental design consideration for commercial and residential development.

� Recommend that:

- In Part (a)(i) change to A minimum 4 star Greenstar Certified Rating in accordance with the Green Building Council of Australia Greenstar tool; - In Part (a)(ii) and Part B(i) change to A minimum 4.5 star NABERS rating; - In Part (a) (iii) and Part B (ii) take out and an Independent Energy Assessment Report is to be submitted to OEH; - In Part (b) (iii) first dot point change to entering into a Commitment Agreement to deliver the star….; - In Part (b) (iii) second dot point change to Provide a copy of the Independent Energy Assessment Report following the current guidelines.; and - In Part (b) (iii) second dot point remove last sentence from Star rating refers…

� Minor grammatical and wording changes. � Part C1 – Dwelling House and Dual Occupancy Development

- Grammatical and minor amendments to clarify landscaping requirements with an emphasis of native vegetation. - Include new controls requiring landscaping to give precedence to native plants with low water needs. Trees to be selected and positioned to

maximise shade. - Further reference Part B3 – Biodiversity.

� Part C2 Multi Unit and Multi Dwelling Housing - further clarify soft landscaping definition - question why landscaping reversed from 30% deep soil & 10% additional soft landscaping as in current DCP. - Include control that requires areas for deep soil planting must receive enough solar access to allow for sustained tree growth and protection

from extreme winds. I.e minimum of 3 hours of direct sunlight between 9am and 3pm on June 22. - Further expand controls relating to open space on public land. - Include control which prohibits planting invasive grasses and woody plants adjacent to bushland areas and open space. - Include new control: completed landscape works are certified by a landscape practical completion report by a landscape architect or the design

consultant who submitted the landscape plan to Council. - Include new control: at the completion of the maintenance period of a landscape establishment report is submitted to Council. - Include new control: Landscaping abutting the E2 Environmental Conservation Zone under WLEP 2011 is to be landscaped with local native or

indigenous species as per the controls in the biodiversity DCP. - Balconies additions are to include materials and finishes that relate to the character of the existing building. - Include new control: A minimum of 1.2m wide landscape buffer where ground floor decks are adjacent to boundaries. - Further expand and clarify where excavation is permitted. - Include new control: excavation near trees and vegetation identified for retention to be in accordance with the tree/ vegetation protection plan. - Insert 1.13 Secondary dwellings, laneway development and Ancillary buildings into Part C2. - Include clause from existing DCP: Laneway development should incorporate an area for deep soil planting (in the form of a 75l native tree or

bush) located at the rear lane. � Public land

- Issues related to planting on public land including planting on road and street verges, parkland and open space. - Include control: Trees, shrubs and vegetation planted on footpath verges are not to compromise the safety of road and footpath users. - Include control: the planting of commemorative gardens is not encouraged.

� Update toilet requirements for restaurants in line with BCA. � Basements provide a low impact means to provide accommodation for cars, storage, plants, stormwater detention and can further reduce height

and the impact of new development. The DCP does not have a basement allowance and the area is included in FSR calculation. The inclusion of FSR in the LEP will further restrict the ability to build below ground level.

� A similar basement allowance to the Codes SEPP of 25m2 for small lots or 45m2 for large lots over 450m2 should be allowed or the FSR definition be amended to only apply to the above ground floor area.

� Some of Council assumptions are contestable with a number of Council documents containing contradictory population statistics. Population

statistic show that Waverley is the most densely populated in Australia and has had a growth of 1.7% in the 09-10 period which was the same for 2005-10 period. This is nearly 3 times the 2011 rate in the NSW Government projections. Census data does also not included tourists who are in Australia for less than 12 months. This significant increase should be reflected in planning documents.

� These understated assumptions are grounds to contest the NSW Government projections and to seek concessions when no more roads are going to be built or pavements widened and the terrain is not conducive to underground transport. Furthermore scientists are predicting the 9.3sqkm of the LGA will decline due to climate change.

� Attics in an R4 zone are not permitted in the current DCP 2010 or draft DCP. However there is no further comment as to how this should be

applied. Recommend reviewing control so that they are permitted when height and FSR is appropriate. � Commends inclusion of adaptable housing control in DCP. � Recommend maintaining the requirement to have a mix of housing sizes in apartment style developments as in DCP 2006 given the growing

need of smaller sized developments as household size is shrinking. � DCP does not include any controls that ensures the social impacts of reductions in low cost or affordable dwellings are considered during

development assessment.

Waverley Local Environmental Plan 2011

under the Environmental Planning and Assessment Act 1979

I, the Minister for Planning, pursuant to section 33A of the Environmental Planning and Assessment Act 1979, adopt the mandatory provisions of the Standard Instrument (Local Environmental Plans) Order 2006 and prescribe matters required or permitted by that Order so as to make a local environmental plan as follows:

Minister for Planning

PART 1 PRELIMINARY 4 1.1 Name of Plan [compulsory] 4 1.1AA Commencement [compulsory] 4 1.2 Aims of Plan [compulsory] 4 1.3 Land to which Plan applies [compulsory] 4 1.4 Definitions [compulsory] 4 1.5 Notes [compulsory] 4 1.6 Consent authority [compulsory] 4 1.7 Maps [compulsory] 5 1.8 Repeal of planning instruments applying to land [compulsory] 5

1.8A Savings provisions relating to development applications 5 1.9 Application of SEPPs [compulsory] 5

1.9A Suspension of covenants, agreements and instruments 6 PART 2 PERMITTED OR PROHIBITED DEVELOPMENT 6

2.1 Land use zones [compulsory] 6 2.2 Zoning of land to which Plan applies [compulsory] 7 2.3 Zone objectives and Land Use Table [compulsory] 7 2.4 Unzoned land [compulsory] 7 2.5 Additional permitted uses for particular land [compulsory] 8 2.6 Subdivision—consent requirements [compulsory] 8

2.7 Demolition requires development consent [compulsory] 8 2.8 Temporary use of land [optional] 8

LAND USE TABLE 9

PART 3 EXEMPT AND COMPLYING DEVELOPMENT 16 3.1 Exempt development [compulsory] 16 3.2 Complying development [compulsory] 17 3.3 Environmentally sensitive areas excluded [compulsory] 18

PART 4 PRINCIPAL DEVELOPMENT STANDARDS 19 4.1 Minimum subdivision lot size [optional] 19 4.1AA Minimum subdivision lot size for community title schemes [optional if

clause 4.1 is adopted] 19 4.2 Rural subdivision [compulsory if clause 4.1 adopted and land to which

Plan applies includes land zoned RU1, RU2, RU4 or RU6] 19 4.3 Height of buildings [optional] 19 4.4 Floor space ratio [optional] 19

4.4A Floor Space Ratio Incentive for Affordable Housing 20 4.5 Calculation of floor space ratio and site area [optional] 21 4.6 Exceptions to development standards [compulsory] 23

PART 5 MISCELLANEOUS PROVISIONS 24 5.1 Relevant acquisition authority [compulsory] 24

5.1A Development on land proposed to be acquired by the Council 25 5.2 Classification and reclassification of public land [compulsory] 26 5.3 Development near zone boundaries [optional] 27

5.4 Controls relating to miscellaneous permissible uses [compulsory] 27 5.5 Development within the coastal zone [compulsory if land to which Plan

applies includes land in the coastal zone] 28 5.6 Architectural roof features [optional] 29 5.7 Development below mean high water mark [compulsory if land to which

Plan applies contains tidal waters] 30 5.8 Conversion of fire alarms [compulsory] 30 5.9 Preservation of trees or vegetation [compulsory, except subclause (9)

optional] 31 5.9AA Trees or vegetation not prescribed by development control plan

[compulsory] 32 5.10 Heritage conservation [compulsory] 32 5.11 Bush fire hazard reduction [compulsory] 35 5.12 Infrastructure development and use of existing buildings of the Crown

[compulsory] 35 5.13 Eco-tourist facilities [compulsory if eco-tourist facilities permitted with

consent] 35

PART 6 ADDITIONAL LOCAL PROVISIONS 36 6.1 Acid sulphate soils 36 6.2 Earthworks 37 6.3 Flood Planning 38 6.4 Active street frontages in the Bondi Junction Centre Precinct 39 6.5 Restriction on consent for particular sex services premises 39 6.6 Biodiversity (Terrestrial) 40

Schedule 1 Additional permitted uses 42 Schedule 2 Exempt development 455 Schedule 3 Complying development 47 Schedule 4 Classification and reclassification of public land 52 Schedule 5 Environmental heritage 53

DICTIONARY 85

Part 1 Preliminary

1.1 Name of Plan [compulsory]

This Plan is Waverley Local Environmental Plan 2011.

1.1AA Commencement [compulsory]

This Plan commences on the day on which it is published on the NSW legislation website.

1.2 Aims of Plan [compulsory]

(1) This Plan aims to make local environmental planning provisions for land in Waverley in accordance with the relevant standard environmental planning instrument under section 33A of the Act.

(2) The particular aims of this Plan are as follows:

(a) To promote and co-ordinate a range of commercial, retail, residential, tourism, entertainment, cultural and community uses to service the local and wider community;

(b) To maintain and reinforce Bondi Junction as the primary commercial and cultural centre in Sydney’s eastern suburbs;

(c) To provide for a range of residential densities and range of housing types to meet the changing housing needs of the community:

(d) To provide an appropriate transition in building scale around the edge of the commercial centres to protect the amenity of surrounding residential areas;

(e) To protect, maintain and accommodate a range of open space uses, recreational opportunities, community facilities and services available to the community;

(f) To enhance and preserve the natural environment through appropriate planning, protecting the integrity of natural systems and by protecting existing trees; and

(g) To identify and conserve the cultural, environmental, natural, aesthetic, social and built heritage of the Waverley local government area.

1.3 Land to which Plan applies [compulsory]

This Plan applies to the land identified on the Land Application Map.

1.4 Definitions [compulsory]

The Dictionary at the end of this Plan defines words and expressions for the purposes of this Plan.

1.5 Notes [compulsory]

Notes in this Plan are provided for guidance and do not form part of this Plan.

1.6 Consent authority [compulsory]

The consent authority for the purposes of this Plan is (subject to the Act) the Council.

1.7 Maps [compulsory]

(1) A reference in this Plan to a named map adopted by this Plan is a reference to a map by that name:

(a) approved by the Minister when the map is adopted, and

(b) as amended or replaced from time to time by maps declared by environmental planning instruments to amend or replace that map, and approved by the Minister when the instruments are made.

(2) Any 2 or more named maps may be combined into a single map. In that case, a reference in this Plan to any such named map is a reference to the relevant part or aspect of the single map.

(3) Any such maps are to be kept and made available for public access in accordance with arrangements approved by the Minister.

(4) For the purposes of this Plan, a map may be in, and may be kept and made available in, electronic or paper form, or both.

Note. The maps adopted by this Plan are to be made available on the official NSW legislation website in connection with this Plan. Requirements relating to the maps are set out in the documents entitled Standard technical requirements for LEP maps and Standard requirements for LEP GIS data which are available on the Department of Planning’s website.

1.8 Repeal of planning instruments applying to land [compulsory]

(1) All local environmental plans and deemed environmental planning instruments applying only to the land to which this Plan applies are repealed.

Note. The following local environmental plans are repealed under this provision:

Waverley Local Environmental Plan 1996; and

Waverley Local Environmental Plan (Bondi Junction Centre) 2010

(2) All local environmental plans and deemed environmental planning instruments applying to the land to which this Plan applies and to other land cease to apply to the land to which this Plan applies.

1.8A Savings provision relating to development applications

If a development application has been made before the commencement of this Plan in relation to land which this Plan applies and the application has not been finally determined before that commencement, the application must be determined as if this Plan had been exhibited but had not commenced.

1.9 Application of SEPPs [compulsory]

(1) This Plan is subject to the provisions of any State environmental planning policy that prevails over this Plan as provided by section 36 of the Act.

(2) The following State environmental planning policies (or provisions) do not apply to the land to which this Plan applies:

State Environmental Planning Policy No 1—Development Standards

State Environmental Planning Policy No 4—Development Without Consent and Miscellaneous Exempt and Complying Development (clause 6 and Parts 3 and 4)

State Environmental Planning Policy No 60—Exempt and Complying Development

1.9A Suspension of covenants, agreements and instruments

(1) For the purpose of enabling development on land in any zone to be carried out in accordance with this Plan or with a development consent granted under the Act, any agreement, covenant or other similar instrument that restricts the carrying out of that development does not apply to the extent necessary to serve that purpose.

(2) This clause does not apply:

(a) to a covenant imposed by the Council or that the Council requires to be imposed, or

(b) to any prescribed instrument within the meaning of section 183A of the Crown Lands Act 1989, or

(c) to any conservation agreement within the meaning of the National Parks and Wildlife Act 1974, or

(d) to any trust agreement within the meaning of the Nature Conservation Trust Act 2001, or

(e) to any property vegetation plan within the meaning of the Native Vegetation Act 2003, or

(f) to any biobanking agreement within the meaning of Part 7A of the Threatened Species Conservation Act 1995.

(g) to any planning agreement within the meaning of Division 6 of Part 4 of the Act.

(3) This clause does not affect the rights or interests of any public authority under any registered instrument.

(4) Under section 28 of the Act, the Governor, before the making of this clause, approved of subclauses (1)–(3).

Part 2 Permitted or prohibited development

2.1 Land use zones [compulsory]

The land use zones under this Plan are as follows:

Residential Zones

R2 Low Density Residential

R3 Medium Density Residential

R4 High Density Residential

Business Zones

B1 Neighbourhood Centre

B3 Commercial Core

B4 Mixed Use

Special Purpose Zones

SP2 Infrastructure

Recreation Zones

RE1 Public Recreation

RE2 Private Recreation

Environment Protection Zones

E2 Environmental Conservation

2.2 Zoning of land to which Plan applies [compulsory]

For the purposes of this Plan, land is within the zones shown on the Land Zoning Map.

2.3 Zone objectives and Land Use Table [compulsory]

(1) The Land Use Table at the end of this Part specifies for each zone:

(a) the objectives for development, and

(b) development that may be carried out without development consent, and

(c) development that may be carried out only with development consent, and

(d) development that is prohibited.

(2) The consent authority must have regard to the objectives for development in a zone when determining a development application in respect of land within the zone.

(3) In the Land Use Table at the end of this Part:

(a) a reference to a type of building or other thing is a reference to development for the purposes of that type of building or other thing, and

(b) a reference to a type of building or other thing does not include (despite any definition in this Plan) a reference to a type of building or other thing referred to separately in the Land Use Table in relation to the same zone.

(4) This clause is subject to the other provisions of this Plan. Notes.

1 Schedule 1 sets out additional permitted uses for particular land.

2 Schedule 2 sets out exempt development (which is generally exempt from both Parts 4 and 5 of the Act). Development in the land use table that may be carried out without consent is nevertheless subject to the environmental assessment and approval requirements of Part 5 of the Act or, if applicable, Part 3A of the Act.

3 Schedule 3 sets out complying development (for which a complying development certificate may be issued as an alternative to obtaining development consent).

4 Clause 2.6 requires consent for subdivision of land.

5 Part 2, 5, and 6 contain other provisions which require consent for particular development. [see—clauses 2.6CC, 2.7, 2.8, 5.1A, 5.5, 5.6, 5.7, 5.8, 5.9, 5.9AA, 5.10,5.11,5.12, 6.1, 6.2, 6.3, 6.4 and 6.5].

2.4 Unzoned land [compulsory]

(1) Development may be carried out on unzoned land only with development consent.

(2) Before granting development consent, the consent authority:

(a) must consider whether the development will impact on adjoining zoned land and, if so, consider the objectives for development in the zones of the adjoining land, and

(b) must be satisfied that the development is appropriate and is compatible with permissible land uses in any such adjoining land.

2.5 Additional permitted uses for particular land [compulsory]

(1) Development on particular land that is described or referred to in Schedule 1 may be carried out:

(a) with development consent, or

(b) if the Schedule so provides—without development consent,

in accordance with the conditions (if any) specified in that Schedule in relation to that development.

(2) This clause has effect despite anything to the contrary in the Land Use Table or other provision of this Plan.

2.6 Subdivision—consent requirements [compulsory]

(1) Land to which this Plan applies may be subdivided, but only with development consent.

Note. If a subdivision is identified as exempt development in an applicable environmental planning instrument, such as this Plan or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, the Act enables it to be carried out without development consent.

(2) Development consent must not be granted for the subdivision of land on which a secondary dwelling is situated if the subdivision would result in the principal dwelling and the secondary dwelling being situated on separate lots, unless the resulting lots are not less than the minimum size shown on the Lot Size Map in relation to that land.

Note. The definition of secondary dwelling in the Dictionary requires the dwelling to be on the same lot of land as the principal dwelling.

2.7 Demolition requires development consent [compulsory]

The demolition of a building or work may be carried out only with development consent.

Note. If the demolition of a building or work is identified in an applicable environmental planning instrument, such as this Plan or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, as exempt development, the Act enables it to be carried out without development consent.

2.8 Temporary use of land [optional]

(1) The objective of this clause is to provide for the temporary use of land if the use does not compromise future development of the land, or have detrimental economic, social, amenity or environmental effects on the land.

(2) Despite any other provision of this Plan, development consent may be granted for development on land in any zone for a temporary use for a maximum period of 52 days (whether or not consecutive days) in any period of 12 months.

(3) Development consent must not be granted unless the consent authority is satisfied that:

(a) the temporary use will not prejudice the subsequent carrying out of development on the land in accordance with this Plan and any other applicable environmental planning instrument, and

(b) the temporary use will not adversely impact on any adjoining land or the amenity of the neighbourhood, and

(c) the temporary use and location of any structures related to the use will not adversely impact on environmental attributes or features of the

land, or increase the risk of natural hazards that may affect the land, and

(d) at the end of the temporary use period the land will, as far as is practicable, be restored to the condition in which it was before the commencement of the use.

(4) Despite subclause (2), the temporary use of a dwelling as a sales office for a new release area or a new housing estate may exceed the maximum number of days specified in that subclause.

(5) Subclause (3) (d) does not apply to the temporary use of a dwelling as a sales office mentioned in subclause (4)..

Land Use Table Note. A type of development referred to in the Land Use Table is a reference to that type of development

only to the extent it is not regulated by an applicable State environmental planning policy. The following State environmental planning policies in particular may be relevant to development on land to which this Plan applies:

State Environmental Planning Policy (Affordable Rental Housing) 2009 (including provision for secondary dwellings)

State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004

State Environmental Planning Policy (Infrastructure) 2007 (relating to public facilities such as those for air transport, correction, education, electricity generation, health services, ports, railways, roads, waste management and water supply systems)

State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007

State Environmental Planning Policy (Rural Lands) 2008

State Environmental Planning Policy No 33—Hazardous and Offensive Development

State Environmental Planning Policy No 50—Canal Estate Development

State Environmental Planning Policy No 62—Sustainable Aquaculture

State Environmental Planning Policy No 64—Advertising and Signage

Zone R2 Low Density Residential

1 Objectives of zone

• To provide for the housing needs of the community within a low density residential environment.

• To enable other land uses that provide facilities or services to meet the day to day needs of residents.

2 Permitted without consent

Home occupations

3 Permitted with consent

Bed & breakfast accommodation; Boarding houses; Building identification signs; Business identification signs; Child care centres; Community facilities; Dual occupancies; Dwelling houses; Emergency service facilities; Environmental facilities; Environmental protection works; Exhibition homes; Exhibition villages; Flood mitigation works; Group homes; Health consulting rooms; Home-based child care; Home businesses; Home industries; Hostels; Information and education facilities; Markets; Neighbourhood shops; Places of public worship; Recreation Areas; Respite day care centres;

Roads; Secondary dwellings; Semi-detached dwellings; Seniors housing.

4 Prohibited

Any other development not otherwise specified in item 2 or 3.

Zone R3 Medium Density Residential


• To provide for the housing needs of the community within a medium density residential environment.

• To provide a variety of housing types within a medium density residential environment.



Home occupations.


Attached dwellings; Bed and breakfast accommodation; Boarding houses; Building identification Signs; Business identification signs; Child care centres; Community facilities; Group homes; Home industries; Kiosks; Markets; Multi dwelling housing; Neighbourhood shops; Places of public worship; Respite day care centres; Roads, Seniors housing; Any other development not otherwise specified in item 2 or 4.

4 Prohibited

Agriculture; Air transport facilities; Airstrips; Amusement centres; Animal boarding or training establishments; Boat launching ramps; Boat building and repair facilities; Boat sheds; Camping grounds; Car parks; Caravan parks; Cemeteries; Charter & tourism boating facilities; Commercial premises; Correctional centres; Crematoriums; Depots; Eco-tourist facilities; Electricity generating works; Entertainment facilities; Extractive industries; Farm buildings; Forestry; Freight transport facilities; Function centres; Heavy industrial storage establishments; Helipads; Highway service centres; Home occupations (sex services); Industries; Industrial retail outlets; Industrial training facilities; Jetties; Marinas; Moorings; Mooring pen; Mortuaries; Open cut mining; Passenger transport facilities; Port facilities; Public administration buildings; Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Research stations; Restricted premises; Rural industries; Rural workers dwellings; Service stations; Sewerage systems; Sex service premises; Signage; Storage premises; Tourist and visitor accommodation; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Veterinary hospitals; Warehouse or distribution centres; Waste or resource management facilities; Water recreation structures; Water supply systems; Wharf and boating facilities; Wholesale supplies.

Zone R4 High Density Residential


• To provide for the housing needs of the community within a high density residential environment.

• To provide a variety of housing types within a high density residential environment.



Home occupations.


Bed and breakfast accommodation; Boarding houses; Building identification Signs; Business identification signs; Child care centres; Community facilities; Home industries; Kiosks; Markets; Neighbourhood shops; Places of public worship; Residential flat buildings; Respite day care centres; Roads; Shop top housing; Any other development not otherwise specified in item 2 or 4.

4 Prohibited

Agriculture; Air transport facilities; Airstrips; Amusement centres; Animal boarding or training establishments; Boat launching ramps; Boat building and repair facilities; Boat sheds; Camping ground; Car parks; Caravan parks; Cemeteries; Charter & tourism boating facilities; Commercial premises; Correctional centres; Crematoriums; Depots; Eco-tourist facility; Electricity generating works; Entertainment facilities; Extractive industries; Farm buildings, Forestry; Freight transport facilities; Function centres; Heavy industrial storage establishments; Helipads; Highway service centres; Home occupations (sex service); Industries; Industrial retail outlets; Industrial training facilities; Jetties; Marinas; Moorings; Mooring pens; Mortuaries; Open cut mining; Passenger transport facilities; Port facilities; Public administration buildings; Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Research stations; Restricted premises; Rural industries; Rural workers dwellings; Service stations; Sewerage systems; Sex service premises; Signage; Storage premises; Tourist and visitor accommodation; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Veterinary hospitals; Warehouse or distribution centres; Waste or resource management facilities; Water recreation structures; Water supply systems; Wharf and boating facilities; Wholesale supplies.

Zone B1 Neighbourhood Centre


• To provide a range of small-scale retail, business and community uses that serve the needs of people who live or work in the surrounding neighbourhood.

• To ensure that non-residential uses do not result in adverse impacts to the amenity of existing and future residential premises.

• To strengthen the viability of Waverley’s existing business centres as places of vitality for investment, employment and cultural activity.


Home occupations.


Bed and breakfast accommodation; Boarding houses; Building identification Signs; Business identification signs; Business premises; Child care centres; Community facilities; Group homes; Home industries; Hostels; Medical centres; Neighbourhood shops; Respite day care centres; Roads; Seniors housing; Shop top housing; Any other development not otherwise specified in item 2 or 4

4 Prohibited

Agriculture; Air transport facilities; Airstrips; Amusement centres; Animal boarding or training establishments; Boat launching ramps; Boat building and repair facilities; Boat sheds; Bulky goods premises; Camping grounds; Caravan parks; Cemeteries; Charter & tourism boating facilities; Correctional centres; Crematoriums; Depots; Eco-tourist facilities; Electricity generating works; Entertainment facilities; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Forestry; Freight transport facilities; Function centres; Garden centres; Hardware and building supplies; Heavy industrial storage establishments; Helipads; Highway service centres; Home occupations (sex services); Hospitals; Industrial retail outlets; Industrial training facilities; Industries; Jetties; Landscape material supplies; Marinas; Moorings; Mooring pens; Open cut mining; Passenger transport facilities; Plant nursery; Port facilities; Recreation facilities (indoor); Recreation facilities (outdoor); Recreation facilities (major); Registered clubs; Research stations; Residential accommodation; Restricted premises; Rural industries; Rural supplies; Service stations; Sewerage systems; Sex service premises, Signage, Storage premises; Timber yards; Tourist and visitor accommodation; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Vehicle sales and hire premises; Warehouse or distribution centres; Waste or resource management facilities; Water recreation structures; Water supply systems; Wharf or boating facilities; Wholesale supplies;

Zone B3 Commercial Core


• To provide a wide range of retail, business, office, entertainment, community and other suitable land uses that serve the needs of the local and wider community.

• To encourage appropriate employment opportunities in accessible locations.

• To maximise public transport patronage and encourage walking and cycling.

• To strengthen the role of the Bondi Junction Centre as a major commercial centre and insure that commercial uses dominate.

• To provide direct, convenient and safe pedestrian links between the Bondi Junction bus concourse, rail station and Oxford Street Mall and reinforce the bus/rail interchange as a major passenger transport facility.


Nil.


Building identification Signs; Business identification signs; Child care centres; Commercial premises; Community facilities; Educational establishments; Entertainment facilities; Function centres; Hotel or motel accommodation; Information and education facilities; Medical centres; Passenger transport facilities; Recreation facilities (indoor); Registered clubs; Respite day care centres; Restricted premises; Roads; Self storage units; Any other development not otherwise specified in item 2 or 4.

4 Prohibited

Agriculture; Air transport facilities; Airstrips; Animal boarding or training establishments; Boat launching ramps; Boat building and repair facilities; Boat sheds; Camping grounds; Caravan parks; Cemeteries; Charter & tourism boating facilities; Correctional centres; Crematoriums; Depots; Eco-tourist facilities; Electricity generating works; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings, Forestry, Freight transport facilities; Heavy industrial storage establishments; Helipads; Highway service centres; Home-based child care; Home businesses; Home occupations; Home occupations (sex services); Hospitals; Industrial retail outlets; Industrial training facilities; Industries; Jetties, Marinas; Moorings; Mooring pens; Open cut mining; Port facilities; Recreation facilities (major); Research stations; Residential Accommodation; Rural industries; Sewerage systems; Signage; Storage premises; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Warehouse or distribution centres; Waste or resource management facilities; Water recreation structures; Water supply systems; Wharf or boating facilities.

Zone B4 Mixed Use


• To provide a mixture of compatible land uses.

• To integrate suitable business, office, residential, retail and other development in accessible locations so as to maximise public transport patronage and encourage walking and cycling.

• To encourage commercial uses within existing heritage buildings and within other existing buildings surrounding the land zoned B3 Commercial Core.

• To provide for commercial and residential uses within new mixed use development that are compatible with surrounding development and do not compromise the amenity of surrounding residential areas.


Home occupations.


Animal boarding or training establishments; Boarding houses; Building identification Signs; Business identification signs; Child care centres; Commercial premises; Community facilities; Educational establishments; Entertainment facilities; Function centres; Hostels; Hotel or motel accommodation; Information and education facilities; Light industries; Medical centres; Passenger transport facilities; Recreation facilities (indoor); Registered clubs; Respite day care centres; Restricted premises; Roads; Self storage units; Seniors housing; Shop top housing; Any other development not otherwise specified in item 2 or 4.

4 Prohibited

Agriculture; Air transport facilities; Airstrips; Amusement centres; Boat launching ramps; Boat building and repair facilities; Boat sheds; Camping grounds; Caravan parks; Cemeteries; Charter & tourism boating facilities; Crematoriums; Depots; Eco-tourist facilities; Electricity generating works; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Forestry; Freight transport facilities; Heavy industrial storage establishments; Helipads; Highway service centres; Home occupations (sex services); Industrial training facilities; Industries; Industry retail outlets; Jetties; Marinas; Moorings; Mooring pens; Open cut mining; Port facilities; Recreation facilities (major); Research stations; Residential accommodation; Rural industries; Sewerage systems; Sex service premises; Signage; Storage premises; Transport depots; Truck depots; Warehouses or distribution centres; Waste or resource management facilities; Water recreation structures; Water supply systems; Wharf or boating facilities.

Zone SP2 Infrastructure


• To provide for infrastructure and related uses.

• To prevent development that is not compatible with or that may detract from the provision of infrastructure.


Nil.


The purpose shown on the Land Zoning Map, including any development that is ordinarily incidental or ancillary to development for that purpose

4 Prohibited

Any development not specified in item 2 or 3.

Zone RE1 Public Recreation


• To enable land to be used for public open space or recreational purposes.

• To provide a range of recreational settings and activities and compatible land uses.

• To protect and enhance the natural environment for recreational purposes.

• To facilitate and manage public access to and along the coastline for all – the old, the young, the infirmed and the disabled.


Nil.


Building identification signs; Business identification signs; Child care centres; Community facilities; Depots; Environmental facilities; Environmental protection works; Flood mitigation works; Information & education facilities; Kiosks; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Respite day care centres; Restaurants and cafes; Roads; Take-away food and drink premises; Water recreation structures.

4 Prohibited

Any development not specified in item 2 or 3

Zone RE2 Private Recreation


• To enable land to be used for private open space or recreational purposes.

• To provide a range of recreational settings and activities and compatible land uses.

• To protect and enhance the natural environment for recreational purposes.


Nil .


Building identification signs; Business identification signs; Child care centres; Community facilities; Environmental facilities;

Environmental protection works; Flood mitigation works; Information & education facilities; Kiosks; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Registered clubs; Respite day care centres; Roads.

4 Prohibited

Any development not specified in item 2 or 3

Zone E2 Environmental Conservation


• To protect, manage and restore areas of high ecological, scientific, cultural or aesthetic values.

• To prevent development that could destroy, damage or otherwise have an adverse effect on those values.


Nil .


Environmental facilities; Environmental protection works

4 Prohibited

Business premises; Hotel or motel accommodation; Industries; Multi dwelling housing; Recreation facilities (major); Residential flat buildings; Restricted premises; Retail premises; Seniors housing; Service stations; Warehouse or distribution centres; Any other development not specified in item 2 or 3

...................................................................................................

Part 3 Exempt and complying development

3.1 Exempt development [compulsory] Note. Under section 76 of the Act, exempt development may be carried out without the

need for development consent under Part 4 of the Act or for assessment under Part 5 of the Act.

The section states that exempt development:

(a) must be of minimal environmental impact, and

(b) cannot be carried out in critical habitat of an endangered species, population or ecological community (identified under the Threatened Species Conservation Act 1995 or the Fisheries Management Act 1994), and

(c) cannot be carried out in a wilderness area (identified under the Wilderness Act 1987).

(1) The objective of this clause is to identify development of minimal environmental impact as exempt development.

(2) Development specified in Schedule 2 that meets the standards for the development contained in that Schedule and that complies with the requirements of this Part is exempt development.

(3) To be exempt development, the development:

(a) must meet the relevant deemed-to-satisfy provisions of the Building Code of Australia or, if there are no such relevant provisions, must be structurally adequate, and

(b) must not, if it relates to an existing building, cause the building to contravene the Building Code of Australia, and

(c) must not be designated development, and

(d) must not be carried out on land that comprises, or on which there is, an item that is listed on the State Heritage Register under the Heritage Act 1977 or that is subject to an interim heritage order under the Heritage Act 1977.

(Repealed) (e)

(4) Development that relates to an existing building that is classified under the Building Code of Australia as class 1b or class 2–9 is exempt development only if:

(a) the building has a current fire safety certificate or fire safety statement, or

(b) no fire safety measures are currently implemented, required or proposed for the building.

(5) To be exempt development, the development must:

(a) be installed in accordance with the manufacturer’s specifications, if applicable, and

(b) not involve the removal or pruning of a tree or other vegetation that requires a permit or development consent for removal or pruning, unless that removal or pruning is undertaken in accordance with a permit or development consent.

Note. A permit for the removal or pruning of a tree or other vegetation may be granted under this Plan. A development consent for the removal of native vegetation may be granted where relevant under the Native Vegetation Act 2003.

(6) A heading to an item in Schedule 2 is part of that Schedule.

3.2 Complying development [compulsory] Note. Under section 76A of the Act, development consent for the carrying out of complying

development may be obtained by the issue of a complying development certificate.

The section states that development cannot be complying development if:

(a) it is on land that is critical habitat of an endangered species, population or ecological community (identified under the Threatened Species Conservation Act 1995 or the Fisheries Management Act 1994), or

(b) it is on land within a wilderness area (identified under the Wilderness Act 1987), or

(c) the development is designated development, or

(d) the development is on land that comprises, or on which there is, an item of environmental heritage (that is listed on the State Heritage Register or in Schedule 5 to this Plan or that is subject to an interim heritage order under the Heritage Act 1977), or

(e) the development requires concurrence (except a concurrence of the Director-General of the Department of Environment, Climate Change and Water in respect of development that is likely to significantly affect a threatened species, population, or ecological community, or its habitat (identified under the Threatened Species Conservation Act 1995)), or

(f) the development is on land identified as an environmentally sensitive area.

(1) The objective of this clause is to identify development as complying development.

(2) Development specified in Part 1 of Schedule 3 that is carried out in compliance with:

(a) the development standards specified in relation to that development, and

(b) the requirements of this Part,

is complying development. Note. See also clause 5.8 (3) which provides that the conversion of fire alarms is complying

development in certain circumstances.

(3) To be complying development, the development must:

(a) be permissible, with development consent, in the zone in which it is carried out, and

(b) meet the relevant deemed-to-satisfy provisions of the Building Code of Australia, and

(c) have an approval, if required by the Local Government Act 1993, from the Council for an on-site effluent disposal system if the development is undertaken on unsewered land.

(4) A complying development certificate for development specified in Part 1 of Schedule 3 is subject to the conditions (if any) set out or referred to in Part 2 of that Schedule.

(5) A heading to an item in Schedule 3 is part of that Schedule.

3.3 Environmentally sensitive areas excluded [compulsory]

(1) Exempt or complying development must not be carried out on any environmentally sensitive area for exempt or complying development.

(2) For the purposes of this clause:

environmentally sensitive area for exempt or complying development means any of the following:

(a) the coastal waters of the State,

(b) a coastal lake,

(c) land to which State Environmental Planning Policy No 14—Coastal Wetlands or State Environmental Planning Policy No 26—Littoral Rainforests applies,

(d) land reserved as an aquatic reserve under the Fisheries Management Act 1994 or as a marine park under the Marine Parks Act 1997,

(e) land within a wetland of international significance declared under the Ramsar Convention on Wetlands or within a World heritage area declared under the World Heritage Convention,

(f) land within 100 metres of land to which paragraph (c), (d) or (e) applies,

(g) land identified in this or any other environmental planning instrument as being of high Aboriginal cultural significance or high biodiversity significance,

(h) land reserved under the National Parks and Wildlife Act 1974 or land acquired under Part 11 of that Act,

(i) land reserved or dedicated under the Crown Lands Act 1989 for the preservation of flora, fauna, geological formations or for other environmental protection purposes,

(j) land identified as being critical habitat under the Threatened Species Conservation Act 1995 or Part 7A of the Fisheries Management Act 1994.

Part 4 Principal development standards

4.1 Minimum subdivision lot size [optional]

(1) The objectives of this clause are as follows:

(a) To ensure that subdivision reflects and reinforces the predominant subdivision pattern of the area.

(b) To minimise and likely impact of subdivision and development on the amenity of neighbouring properties.

(2) This clause applies to a subdivision of any land shown on the Lot Size Map that requires development consent and that is carried out after the commencement of this Plan.

(3) The size of any lot resulting from a subdivision of land to which this clause applies is not to be less than the minimum size shown on the Lot Size Map in relation to that land.

(4) This clause does not apply in relation to the subdivision of individual lots in a strata plan or community title scheme.

4.1AA Minimum subdivision lot size for community title schemes [optional if clause 4.1 is adopted]

Not Adopted

4.2 Rural subdivision [compulsory if clause 4.1 adopted and land to which Plan applies includes land zoned RU1, RU2, RU4 or RU6]

Not Applicable

4.3 Height of buildings [optional]


(a) To establish limitations on the overall height of development to preserve the environmental amenity of neighbouring properties.

(b) To increase development capacity within the Bondi Junction Centre to accommodate future retail and commercial floorspace growth.

(c) To accommodate taller buildings within the land zoned B3 Commercial Core of the Bondi Junction Centre and provide an appropriate transition in building heights surrounding the land zoned B3 Commercial Core.

(d) To ensure that buildings are compatible with the height, bulk and scale of the existing character of the locality and positively complements and contributes to the physical definition of the street network and public space.

(2) The height of a building on any land is not to exceed the maximum height shown for the land on the Height of Buildings Map.

4.4 Floor space ratio [optional]


(a) To ensure sufficient floor space can be accommodated within the Bondi Junction Centre to meet foreseeable future needs.

(b) To provide an appropriate correlation between maximum building heights and density controls.

(c) To ensure that buildings are compatible with the bulk, scale, streetscape and existing character of the locality.

(d) To establish limitations on the overall scale of development to preserve the environmental amenity of neighbouring properties and minimise the adverse impacts on the amenity of the locality.

(2) The maximum floor space ratio for a building on any land is not to exceed the floor space ratio shown for the land on the Floor Space Ratio Map.

(3) The maximum floor space ratio for a Dwelling house or Dual occupancy located or to be located on land zoned R2 Low Density Residential, R3 Medium Density Residential or R4 High Density Residential, shall be determined on the site area of the proposed development in the following manner:

(a) for developments with a site area less than 100m2 –

FSR = 1:1

(b) for developments with a site area between 100m2 and 550m2 –

FSR = [(550-site area) x .0011] + .5:1

(c) for developments with a site area greater than 550m2 –

FSR = 0.5:1

4.4A Floor Space Ratio Incentive for Affordable Housing

(1) The objectives of this clause are to:

(a) to Increase the supply of affordable housing in the Waverley local government area for rent by very low to moderate income earning households who live or work in the area; and

(b) to provide incentives to encourage the development of affordable housing.

(2) This clause applies to land edged with a bold purple line on the Floor Space Ratio Map.

(3) Despite clause 4.4 development consent may be granted to development with a maximum gross floor area of up to 15% greater than that permitted under the Floor Space Ration Map (affordable housing bonus) if the consent authority is satisfied that:

(a) the development is for the purpose of a residential flat building or is a mixed use development that includes development for the purpose of shop top housing, and

(b) at least 50% of the affordable housing bonus granted under this clause will be allocated towards the affordable housing component.

(4) The residential component of the development must include at least one dwelling that will be made available for rent as affordable housing.

(5) A consent authority must not consent to development under subclause (3) unless conditions are imposed by the consent authority to the effect that:

(a) for a minimum of 3 years from the date of the issue of the occupation certificate:

(i) the dwellings comprising the affordable housing component will be available for rent as affordable housing,

(ii) the affordable housing component will be managed by a registered community housing provider, and

(b) a restriction will be registered before the date of the issue of the occupation certificate against the title of the property on which development is to be carried out, in accordance with section 88E of the Conveyancing Act 1919, that will ensure that the requirements of paragraph (a) are met.

(6) Subclause (5) does not apply to development on land owned by a public authority or to a development application made by, or on behalf of, a public authority or registered community housing provider.

(7) In this clause:

(a) For the purposes of the definition of affordable housing, a household is taken to be a very low income household, low income household or moderate income household if the household:

(i) Has a gross income that is less than 120 percent of the median household income for the time being for the Sydeny Statistical Division(according to the Australian Bureay of Statistics) and pays no more than 30 percent of the gross income in rent, or

(ii) Is eligible to occupy rental accommodation under the National Rental Affordability Scheme and pays no more rent than that which would be charged if the household were to occupy rental accommodation under that scheme.

(b) Residential component means that part of the development being used for the purpose of residential accommodation.

(c) Affordable housing component means all dwellings forming part of the residential component that is available for rent as affordable housing.

4.5 Calculation of floor space ratio and site area [optional]

(1) Objectives

The objectives of this clause are as follows:

(a) to define floor space ratio,

(b) to set out rules for the calculation of the site area of development for the purpose of applying permitted floor space ratios, including rules to:

(i) prevent the inclusion in the site area of an area that has no significant development being carried out on it, and

(ii) prevent the inclusion in the site area of an area that has already been included as part of a site area to maximise floor space area in another building, and

(iii) require community land and public places to be dealt with separately.

(2) Definition of “floor space ratio”

The floor space ratio of buildings on a site is the ratio of the gross floor area of all buildings within the site to the site area.

(3) Site area

In determining the site area of proposed development for the purpose of applying a floor space ratio, the site area is taken to be:

(a) if the proposed development is to be carried out on only one lot, the area of that lot, or

(b) if the proposed development is to be carried out on 2 or more lots, the area of any lot on which the development is proposed to be carried out that has at least one common boundary with another lot on which the development is being carried out.

In addition, subclauses (4)–(7) apply to the calculation of site area for the purposes of applying a floor space ratio to proposed development.

(4) Exclusions from site area

The following land must be excluded from the site area:

(a) land on which the proposed development is prohibited, whether under this Plan or any other law,

(b) community land or a public place (except as provided by subclause (7)).

(5) Strata subdivisions

The area of a lot that is wholly or partly on top of another or others in a strata subdivision is to be included in the calculation of the site area only to the extent that it does not overlap with another lot already included in the site area calculation.

(6) Only significant development to be included

The site area for proposed development must not include a lot additional to a lot or lots on which the development is being carried out unless the proposed development includes significant development on that additional lot.

(7) Certain public land to be separately considered

For the purpose of applying a floor space ratio to any proposed development on, above or below community land or a public place, the site area must only include an area that is on, above or below that community land or public place, and is occupied or physically affected by the proposed development, and may not include any other area on which the proposed development is to be carried out.

(8) Existing buildings

The gross floor area of any existing or proposed buildings within the vertical projection (above or below ground) of the boundaries of a site is to be included in the calculation of the total floor space for the purposes of applying a floor space ratio, whether or not the proposed development relates to all of the buildings.

(9) Covenants to prevent “double dipping”

When development consent is granted to development on a site comprised of 2 or more lots, a condition of the consent may require a covenant to be registered that prevents the creation of floor area on a lot (the restricted lot)

if the consent authority is satisfied that an equivalent quantity of floor area will be created on another lot only because the site included the restricted lot.

(10) Covenants affect consolidated sites

If:

(a) a covenant of the kind referred to in subclause (9) applies to any land (affected land), and

(b) proposed development relates to the affected land and other land that together comprise the site of the proposed development,

the maximum amount of floor area allowed on the other land by the floor space ratio fixed for the site by this Plan is reduced by the quantity of floor space area the covenant prevents being created on the affected land.

(11) Definition

In this clause, public place has the same meaning as it has in the Local Government Act 1993.

4.6 Exceptions to development standards [compulsory]


(a) to provide an appropriate degree of flexibility in applying certain development standards to particular development,

(b) to achieve better outcomes for and from development by allowing flexibility in particular circumstances.

(2) Development consent may, subject to this clause, be granted for development even though the development would contravene a development standard imposed by this or any other environmental planning instrument. However, this clause does not apply to a development standard that is expressly excluded from the operation of this clause.

(3) Development consent must not be granted for development that contravenes a development standard unless the consent authority has considered a written request from the applicant that seeks to justify the contravention of the development standard by demonstrating:

(a) that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case, and

(b) that there are sufficient environmental planning grounds to justify contravening the development standard.

(4) Development consent must not be granted for development that contravenes a development standard unless:

(a) the consent authority is satisfied that:

(i) the applicant’s written request has adequately addressed the matters required to be demonstrated by subclause (3), and

(ii) the proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out, and

(b) the concurrence of the Director-General has been obtained.

(5) In deciding whether to grant concurrence, the Director-General must consider:

(a) whether contravention of the development standard raises any matter of significance for State or regional environmental planning, and

(b) the public benefit of maintaining the development standard, and

(c) any other matters required to be taken into consideration by the Director-General before granting concurrence.

(6) Development consent must not be granted under this clause for a subdivision of land in Zone RU1 Primary Production, Zone RU2 Rural Landscape, Zone RU3 Forestry, Zone RU4 Primary Production Small Lots, Zone RU6 Transition, Zone R5 Large Lot Residential, Zone E2 Environmental Conservation, Zone E3 Environmental Management or Zone E4 Environmental Living if:

(a) the subdivision will result in 2 or more lots of less than the minimum area specified for such lots by a development standard, or

(b) the subdivision will result in at least one lot that is less than 90% of the minimum area specified for such a lot by a development standard.

(7) After determining a development application made pursuant to this clause, the consent authority must keep a record of its assessment of the factors required to be addressed in the applicant’s written request referred to in subclause (3).

(8) This clause does not allow development consent to be granted for development that would contravene any of the following:

(a) a development standard for complying development,

(b) a development standard that arises, under the regulations under the Act, in connection with a commitment set out in a BASIX certificate for a building to which State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 applies or for the land on which such a building is situated,

(c) clause 5.4.

Part 5 Miscellaneous provisions

5.1 Relevant acquisition authority [compulsory]

(1) The objective of this clause is to identify, for the purposes of section 27 of the Act, the authority of the State that will be the relevant authority to acquire land reserved for certain public purposes if the land is required to be acquired under Division 3 of Part 2 of the Land Acquisition (Just Terms Compensation) Act 1991 (the owner-initiated acquisition provisions).

Note. If the landholder will suffer hardship if there is any delay in the land being acquired by the relevant authority, section 23 of the Land Acquisition (Just Terms Compensation) Act 1991 requires the authority to acquire the land.

(2) The authority of the State that will be the relevant authority to acquire land, if the land is required to be acquired under the owner-initiated acquisition provisions, is the authority of the State specified below in relation to the land shown on the Land Reservation Acquisition Map (or, if an authority of the State is not specified in relation to land required to be so acquired, the authority designated or determined under those provisions).

Type of land shown on Map Authority of the State

Zone RE1 Public Recreation and marked “Local open space”

Council

Zone RE1 Public Recreation and marked “Regional open space”

The corporation constituted under section 8 of the Act

Zone SP2 Infrastructure and marked “Classified road”

Roads and Traffic Authority

Zone E1 National Parks and Nature Reserves and marked “National Park”

Minister administering the National Parks and Wildlife Act 1974

Zone R2 Low Density Residential and marked “Classified Road”


Zone R3 Medium Density Residential and marked “Classified Road”


Zone R4 High Density Residential and marked “Classified Road”


Zone B4 Mixed Use and marked “Road”

Council

(3) Development on land acquired by an authority of the State under the owner-initiated acquisition provisions may, before it is used for the purpose for which it is reserved, be carried out, with development consent, for any purpose.

5.1A Development on land intended to be acquired for a public purpose

(1) The objective of this clause is to limit development on certain land intended to be acquired for a public purpose.

(2) This clause applies to land shown on the Land Reservation Acquisition Map and specified in Column 1 of the Table to this clause and that has not been acquired by the authority of the State specified for the land in Clause 5.1.

(3) Development consent must not be granted to any development on land to which this clause applies other than development for a purpose specified opposite that land in Column 2 of the Table.

Column 1 Land

Column 2 Development

Zone RE1 Public Recreation and marked “Local open space”

Earthworks; Public utility undertakings; Recreation areas

Zone RE1 Public Recreation and marked “Regional open space”

Earthworks; Public utility undertakings; Recreation areas

Zone B4 Mixed Use for the land shown on the Land Reservation Acquisition

Demolition; Earthworks; Public utility undertakings

Map and marked “Local road”

Zone R2 Low Density Residential for land shown on the Land Reservation Acquisition Map and marked “Classified Road”


Zone R3 Medium Density Residential for the land shown on the Land Reservation Acquisition Map and marked “Classified Road”


Zone R4 High Density Residential for the land shown on the Land Reservation Acquisition Map and marked “Classified Road”


5.2 Classification and reclassification of public l and [compulsory]

(1) The objective of this clause is to enable the Council to classify or reclassify public land as “operational land” or “community land” in accordance with Part 2 of Chapter 6 of the Local Government Act 1993.

Note. Under the Local Government Act 1993, “public land” is generally land vested in or under the control of a council (other than roads, Crown reserves and commons). The classification or reclassification of public land may also be made by a resolution of the Council under section 31, 32 or 33 of the Local Government Act 1993. Section 30 of that Act enables this Plan to discharge trusts on which public reserves are held if the land is reclassified under this Plan as operational land.

(2) The public land described in Part 1 or Part 2 of Schedule 4 is classified, or reclassified, as operational land for the purposes of the Local Government Act 1993.

(3) The public land described in Part 3 of Schedule 4 is classified, or reclassified, as community land for the purposes of the Local Government Act 1993.

(4) The public land described in Part 1 of Schedule 4:

(a) does not cease to be a public reserve to the extent (if any) that it is a public reserve, and

(b) continues to be affected by any trusts, estates, interests, dedications, conditions, restrictions or covenants that affected the land before its classification, or reclassification, as operational land.

(5) The public land described in Part 2 of Schedule 4, to the extent (if any) that it is a public reserve, ceases to be a public reserve when the description of the land is inserted into that Part and is discharged from all trusts, estates, interests, dedications, conditions, restrictions and covenants affecting the land or any part of the land, except:

(a) those (if any) specified for the land in Column 3 of Part 2 of Schedule 4, and

(b) any reservations that except land out of the Crown grant relating to the land, and

(c) reservations of minerals (within the meaning of the Crown Lands Act 1989).

Note. In accordance with section 30 (2) of the Local Government Act 1993, the approval of the Governor to subclause (5) applying to the public land concerned is required before the description of the land is inserted in Part 2 of Schedule 4.

5.3 Development near zone boundaries [optional]

Not Adopted

5.4 Controls relating to miscellaneous permissible uses [compulsory]

(1) Bed and breakfast accommodation

If development for the purposes of bed and breakfast accommodation is permitted under this Plan, the accommodation that is provided to guests must consist of no more than 3 bedrooms.

Note. Any such development that provides for a certain number of guests or rooms may involve a change in the class of building under the Building Code of Australia.

(2) Home businesses

If development for the purposes of a home business is permitted under this Plan, the carrying on of the business must not involve the use of more than 30 square metres of floor area.

(3) Home industries

If development for the purposes of a home industry is permitted under this Plan, the carrying on of the home industry must not involve the use of more than 30 square metres of floor area.

(4) Industrial retail outlets

If development for the purposes of an industrial retail outlet is permitted under this Plan, the retail floor area must not exceed:

(a) 67% of the gross floor area of the industry or rural industry located on the same land as the retail outlet, or

(b) 400 square metres,

whichever is the lesser.

(5) Farm stay accommodation

If development for the purposes of farm stay accommodation is permitted under this Plan, the accommodation that is provided to guests must consist of no more than 3 bedrooms.

(6) Kiosks

If development for the purposes of a kiosk is permitted under this Plan, the gross floor area must not exceed 20 square metres.

(7) Neighbourhood shops

If development for the purposes of a neighbourhood shop is permitted under this Plan, the retail floor area must not exceed 80 square metres.

(8) Roadside stalls

If development for the purposes of a roadside stall is permitted under this Plan, the gross floor area must not exceed 10 square metres.

(9) Secondary dwellings

If development for the purposes of a secondary dwelling is permitted under this Plan, the total floor area of the dwelling (excluding any area used for parking) must not exceed whichever of the following is the greater:

(a) 60 square metres,

(b) 30% of the total floor area of the principal dwelling.

5.5 Development within the coastal zone [compulsory if land to which Plan applies includes land in the coastal zone]


(a) to provide for the protection of the coastal environment of the State for the benefit of both present and future generations through promoting the principles of ecologically sustainable development,

(b) to implement the principles in the NSW Coastal Policy, and in particular to:

(i) protect, enhance, maintain and restore the coastal environment, its associated ecosystems, ecological processes and biological diversity and its water quality, and

(ii) protect and preserve the natural, cultural, recreational and economic attributes of the NSW coast, and

(iii) provide opportunities for pedestrian public access to and along the coastal foreshore, and

(iv) recognise and accommodate coastal processes and climate change, and

(v) protect amenity and scenic quality, and

(vi) protect and preserve rock platforms, beach environments and beach amenity, and

(vii) protect and preserve native coastal vegetation, and

(viii) protect and preserve the marine environment, and

(ix) ensure that the type, bulk, scale and size of development is appropriate for the location and protects and improves the natural scenic quality of the surrounding area, and

(x) ensure that decisions in relation to new development consider the broader and cumulative impacts on the catchment, and

(xi) protect Aboriginal cultural places, values and customs, and

(xii) protect and preserve items of heritage, archaeological or historical significance.

(2) Development consent must not be granted to development on land that is wholly or partly within the coastal zone unless the consent authority has considered:

(a) existing public access to and along the coastal foreshore for pedestrians (including persons with a disability) with a view to:

(i) maintaining existing public access and, where possible, improving that access, and

(ii) identifying opportunities for new public access, and

(b) the suitability of the proposed development, its relationship with the surrounding area and its impact on the natural scenic quality, taking into account:

(i) the type of the proposed development and any associated land uses or activities (including compatibility of any land-based and water-based coastal activities), and

(ii) the location, and

(iii) the bulk, scale, size and overall built form design of any building or work involved, and

(c) the impact of the proposed development on the amenity of the coastal foreshore including:

(i) any significant overshadowing of the coastal foreshore, and

(ii) any loss of views from a public place to the coastal foreshore, and

(d) how the visual amenity and scenic qualities of the coast, including coastal headlands, can be protected, and

(e) how biodiversity and ecosystems, including:

(i) native coastal vegetation and existing wildlife corridors, and

(ii) rock platforms, and

(iii) water quality of coastal waterbodies, and

(iv) native fauna and native flora, and their habitats,

can be conserved, and

(f) the cumulative impacts of the proposed development and other development on the coastal catchment.

(3) Development consent must not be granted to development on land that is wholly or partly within the coastal zone unless the consent authority is satisfied that:

(a) the proposed development will not impede or diminish, where practicable, the physical, land-based right of access of the public to or along the coastal foreshore, and

(b) if effluent from the development is disposed of by a non-reticulated system, it will not have a negative effect on the water quality of the sea, or any beach, estuary, coastal lake, coastal creek or other similar body of water, or a rock platform, and

(c) the proposed development will not discharge untreated stormwater into the sea, or any beach, estuary, coastal lake, coastal creek or other similar body of water, or a rock platform, and

(d) the proposed development will not:

(i) be significantly affected by coastal hazards, or

(ii) have a significant impact on coastal hazards, or

(iii) increase the risk of coastal hazards in relation to any other land.

5.6 Architectural roof features [optional]


(a) To encourage the creation of an varied and aesthetically pleasing skyline.

(b) To encourage quality roof designs which contribute to the aesthetic and environmental design and performance of the building and allow for individuality of architecture.

(c) To encourage the integration of the design of the roof into the overall facade, building composition and desired contextual response.

(d) To encourage plant and lift over runs to be placed in the basement.

(2) Development that includes an architectural roof feature that exceeds, or causes a building to exceed, the height limits set by clause 4.3 may be carried out, but only with development consent.

(3) Development consent must not be granted to any such development unless the consent authority is satisfied that:

(a) the architectural roof feature:

(i) comprises a decorative element on the uppermost portion of a building, and

(ii) is not an advertising structure, and

(iii) does not include floor space area and is not reasonably capable of modification to include floor space area, and

(iv) will cause minimal overshadowing, and

(b) any building identification signage or equipment for servicing the building (such as plant, lift motor rooms, fire stairs and the like) contained in or supported by the roof feature is fully integrated into the design of the roof feature.

5.7 Development below mean high water mark [compulsory if land to which Plan applies contains tidal waters]

(1) The objective of this clause is to ensure appropriate environmental assessment for development carried out on land covered by tidal waters.

(2) Development consent is required to carry out development on any land below the mean high water mark of any body of water subject to tidal influence (including the bed of any such water).

5.8 Conversion of fire alarms [compulsory]

(1) This clause applies to a fire alarm system that can be monitored by Fire and Rescue NSW or by a private service provider.

(2) The following development may be carried out, but only with development consent:

(a) converting a fire alarm system from connection with the alarm monitoring system of Fire and Rescue NSW to connection with the alarm monitoring system of a private service provider,

(b) converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with the alarm monitoring system of another private service provider,

(c) converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with a different alarm monitoring system of the same private service provider.

(3) Development to which subclause (2) applies is complying development if it consists only of:

(a) internal alterations to a building, or

(b) internal alterations to a building together with the mounting of an antenna, and any support structure, on an external wall or roof of a building so as to occupy a space of not more than 450mm × 100mm × 100mm.

(4) A complying development certificate for any such complying development is subject to a condition that any building work may only be carried out between 7.00 am and 6.00 pm on Monday to Friday and between 7.00 am and 5.00 pm on Saturday, and must not be carried out on a Sunday or a public holiday.

(5) In this clause:

private service provider means a person or body that has entered into an agreement that is in force with Fire and Rescue NSW to monitor fire alarm systems.

5.9 Preservation of trees or vegetation [compulsory, except subclause (9) optional]

(1) The objective of this clause is to preserve the amenity of the area, including biodiversity values, through the preservation of trees and other vegetation.

(2) This clause applies to species or kinds of trees or other vegetation that are prescribed for the purposes of this clause by a development control plan made by the Council.

Note. A development control plan may prescribe the trees or other vegetation to which this clause applies by reference to species, size, location or other manner.

(3) A person must not ringbark, cut down, top, lop, remove, injure or wilfully destroy any tree or other vegetation to which any such development control plan applies without the authority conferred by:

(a) development consent, or

(b) a permit granted by the Council.

(4) The refusal by the Council to grant a permit to a person who has duly applied for the grant of the permit is taken for the purposes of the Act to be a refusal by the Council to grant consent for the carrying out of the activity for which a permit was sought.

(5) This clause does not apply to a tree or other vegetation that the Council is satisfied is dying or dead and is not required as the habitat of native fauna.

(6) This clause does not apply to a tree or other vegetation that the Council is satisfied is a risk to human life or property.

(7) A permit under this clause cannot allow any ringbarking, cutting down, topping, lopping, removal, injuring or destruction of a tree or other vegetation:

(a) that is or forms part of a heritage item or that is within a heritage conservation area, or

(b) that is or forms part of an Aboriginal object or that is within an Aboriginal place of heritage significance,

unless the Council is satisfied that the proposed activity:

(c) is of a minor nature or is for the maintenance of the heritage item, Aboriginal object, Aboriginal place of heritage significance or heritage conservation area, and

(d) would not adversely affect the heritage significance of the heritage item, Aboriginal object, Aboriginal place of heritage significance or heritage conservation area.

Note. As a consequence of this subclause, the activities concerned will require development consent. The heritage provisions of clause 5.10 will be applicable to any such consent.

(8) This clause does not apply to or in respect of:

(a) the clearing of native vegetation:

(i) that is authorised by a development consent or property vegetation plan under the Native Vegetation Act 2003, or

(ii) that is otherwise permitted under Division 2 or 3 of Part 3 of that Act, or

(b) the clearing of vegetation on State protected land (within the meaning of clause 4 of Schedule 3 to the Native Vegetation Act 2003) that is authorised by a development consent under the provisions of the Native Vegetation Conservation Act 1997 as continued in force by that clause, or

(c) trees or other vegetation within a State forest, or land reserved from sale as a timber or forest reserve under the Forestry Act 1916, or

(d) action required or authorised to be done by or under the Electricity Supply Act 1995, the Roads Act 1993 or the Surveying and Spatial Information Act 2002, or

(e) plants declared to be noxious weeds under the Noxious Weeds Act 1993.

Note. Permissibility may be a matter that is determined by or under any of these Acts.

(9) Not Adopted

5.9AA Trees or vegetation not prescribed by development control plan [compulsory]

(1) This clause applies to any tree or other vegetation that is not of a species or kind prescribed for the purposes of clause 5.9 by a development control plan made by the Council.

(2) The ringbarking, cutting down, topping, lopping, removal, injuring or destruction of any tree or other vegetation to which this clause applies is permitted without development consent.

5.10 Heritage conservation [compulsory] Note. Heritage items (if any) are listed and described in Schedule 5. The Heritage Map may

also show the location of a heritage item. Heritage conservation areas (if any) must be shown on the Heritage Map as well as being described in Schedule 5.

The location and nature of Aboriginal objects and Aboriginal places of heritage significance may be described in Schedule 5 and shown on the sheet of the Heritage Map marked “Aboriginal Heritage Map”.

(1) Objectives

The objectives of this clause are as follows:

(a) to conserve the environmental heritage of Waverley,

(b) to conserve the heritage significance of heritage items and heritage conservation areas, including associated fabric, settings and views,

(c) to conserve archaeological sites,

(d) to conserve Aboriginal objects and Aboriginal places of heritage significance.

(2) Requirement for consent

Development consent is required for any of the following:

(a) demolishing or moving any of the following or altering the exterior of any of the following (including, in the case of a building, making changes to its detail, fabric, finish or appearance):

(i) a heritage item,

(ii) an Aboriginal object,

(iii) a building, work, relic or tree within a heritage conservation area,

(b) altering a heritage item that is a building by making structural changes to its interior or by making changes to anything inside the item that is specified in Schedule 5 in relation to the item,

(c) disturbing or excavating an archaeological site while knowing, or having reasonable cause to suspect, that the disturbance or excavation will or is likely to result in a relic being discovered, exposed, moved, damaged or destroyed,

(d) disturbing or excavating an Aboriginal place of heritage significance,

(e) erecting a building on land:

(i) on which a heritage item is located or that is within a heritage conservation area, or

(ii) on which an Aboriginal object is located or that is within an Aboriginal place of heritage significance,

(f) subdividing land:

(i) on which a heritage item is located or that is within a heritage conservation area, or

(ii) on which an Aboriginal object is located or that is within an Aboriginal place of heritage significance.

(3) When consent not required

However, development consent under this clause is not required if:

(a) the applicant has notified the consent authority of the proposed development and the consent authority has advised the applicant in writing before any work is carried out that it is satisfied that the proposed development:

(i) is of a minor nature or is for the maintenance of the heritage item, Aboriginal object, Aboriginal place of heritage significance or archaeological site or a building, work, relic, tree or place within the heritage conservation area, and

(ii) would not adversely affect the heritage significance of the heritage item, Aboriginal object, Aboriginal place, archaeological site or heritage conservation area, or

(b) the development is in a cemetery or burial ground and the proposed development:

(i) is the creation of a new grave or monument, or excavation or disturbance of land for the purpose of conserving or repairing monuments or grave markers, and

(ii) would not cause disturbance to human remains, relics, Aboriginal objects in the form of grave goods, or to an Aboriginal place of heritage significance, or

(c) the development is limited to the removal of a tree or other vegetation that the Council is satisfied is a risk to human life or property, or

(d) the development is exempt development.

(4) Effect of proposed development on heritage significance

The consent authority must, before granting consent under this clause in respect of a heritage item or heritage conservation area, consider the effect of the proposed development on the heritage significance of the item or area concerned. This subclause applies regardless of whether a heritage management document is prepared under subclause (5) or a heritage conservation management plan is submitted under subclause (6).

(5) Heritage assessment

The consent authority may, before granting consent to any development:

(a) on land on which a heritage item is located, or

(b) on land that is within a heritage conservation area, or

(c) on land that is within the vicinity of land referred to in paragraph (a) or (b),

require a heritage management document to be prepared that assesses the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage item or heritage conservation area concerned.

(6) Heritage conservation management plans

The consent authority may require, after considering the heritage significance of a heritage item and the extent of change proposed to it, the submission of a heritage conservation management plan before granting consent under this clause.

(7) Archaeological sites

The consent authority must, before granting consent under this clause to the carrying out of development on an archaeological site (other than land listed on the State Heritage Register or to which an interim heritage order under the Heritage Act 1977 applies):

(a) notify the Heritage Council of its intention to grant consent, and

(b) take into consideration any response received from the Heritage Council within 28 days after the notice is sent.

(8) Aboriginal places of heritage significance

The consent authority must, before granting consent under this clause to the carrying out of development in an Aboriginal place of heritage significance:

(a) consider the effect of the proposed development on the heritage significance of the place and any Aboriginal object known or reasonably likely to be located at the place by means of an adequate investigation and assessment (which may involve consideration of a heritage impact statement), and

(b) notify the local Aboriginal communities, in writing or in such other manner as may be appropriate, about the application and take into consideration any response received within 28 days after the notice is sent.

(9) Demolition of nominated State heritage items

The consent authority must, before granting consent under this clause for the demolition of a nominated State heritage item:

(a) notify the Heritage Council about the application, and

(b) take into consideration any response received from the Heritage Council within 28 days after the notice is sent.

(10) Conservation incentives

The consent authority may grant consent to development for any purpose of a building that is a heritage item or of the land on which such a building is erected, or for any purpose on an Aboriginal place of heritage significance, even though development for that purpose would otherwise not be allowed by this Plan, if the consent authority is satisfied that:

(a) the conservation of the heritage item or Aboriginal place of heritage significance is facilitated by the granting of consent, and

(b) the proposed development is in accordance with a heritage management document that has been approved by the consent authority, and

(c) the consent to the proposed development would require that all necessary conservation work identified in the heritage management document is carried out, and

(d) the proposed development would not adversely affect the heritage significance of the heritage item, including its setting, or the heritage significance of the Aboriginal place of heritage significance, and

(e) the proposed development would not have any significant adverse effect on the amenity of the surrounding area.

5.11 Bush fire hazard reduction [compulsory]

Bush fire hazard reduction work authorised by the Rural Fires Act 1997 may be carried out on any land without development consent.

Note. The Rural Fires Act 1997 also makes provision relating to the carrying out of development on bush fire prone land.

5.12 Infrastructure development and use of existing buildings of the Crown [compulsory]

(1) This Plan does not restrict or prohibit, or enable the restriction or prohibition of, the carrying out of any development, by or on behalf of a public authority, that is permitted to be carried out with or without development consent, or that is exempt development, under State Environmental Planning Policy (Infrastructure) 2007.

(2) This Plan does not restrict or prohibit, or enable the restriction or prohibition of, the use of existing buildings of the Crown by the Crown.

5.13 Eco-tourist facilities [compulsory if eco-tourist facilities permitted with consent]

Not Applicable

Part 6 Additional Local Provisions

6.1 Acid sulphate soils

(1) The objective of this clause is to ensure that development does not

disturb, expose or drain acid sulphate soils and cause environmental damage.

(2) Development consent is required for the carrying out of works described

in the Table to this subclause on land shown on the Acid Sulphate Soils Map as being of the class specified for those works.

(3)

Class of land Works

1 Any works.

2 Works below the natural ground surface.

Works by which the watertable is likely to be lowered.

3 Works more than 1 metre below the natural ground surface.

Works by which the watertable is likely to be lowered more than 1 metre below the natural ground surface.

4 Works more than 2 metres below the natural ground surface.

Works by which the watertable is likely to be lowered more than 2 metres below the natural ground surface.

5 Works within 500 metres of adjacent Class 1,2,3 or 4 land that is below 5 metres Australian Height Datum by which the watertable is likely to be lowered below 1 metre Australian Height Datum on adjacent Class 1,2,3 or 4 land.

(3) Development consent must not be granted under this clause for the

carrying out of works unless an acid sulphate soils management plan has been prepared for the proposed works in accordance with the Acid Sulphate Soils Manual and has been provided to the consent authority.

(4) Despite subclause 2, development consent is not required under this clause for the carrying out of works if:

(a) a preliminary assessment of the proposed works prepared in accordance with the Acid Sulphate Soils Manual indicates that an acid sulphate soils management plan need not be carried out for the works, and

(b) the preliminary assessment has been provided to the consent authority and the consent authority has confirmed the assessment by notice in writing to the person proposing to carry out the works.

(1) Despite subclause (2), development consent is not required under this clause for the carrying out of any of the following works by a public authority (including ancillary works such as excavation, construction of access ways or the supply of power):

(a) emergency work, being the repair or replacement of the works of the public authority required to be carried out urgently because the works have been damaged, have ceased to function or pose a risk to the environment or to public health and safety,

(b) routine management work, being the periodic inspection, cleaning, repair or replacement or the works of the public authority (other than work that involves the disturbance of more than 1 tonne of soil),

(c) minor work, being work that costs less than $20,000 (other than drainage work).

(2) Despite subclause (2), development consent is not required under this clause to carry out any works if:

(a) the works involve the disturbance of more than 1 tonne of soil, such as occurs in carrying out agriculture, the construction or maintenance of drains, extractive industries, dredging, the construction of artificial water bodies (including canals, dams and detention basins) or foundations or flood mitigation works, or

(b) the works are likely to lower the water table.

(7) Clause 10 of State Environmental Planning Policy No 4 – Development Without Consent and Miscellaneous Exempt and Complying Development does not apply to development that requires development consent under this clause.

6.2 Earthworks


(a) to ensure that earthworks for which development consent is required will not have a detrimental impact on environmental functions and processes, neighbouring uses, cultural or heritage items or features of the surrounding land,

(b) to allow earthworks of a minor nature without separate development consent.

(2) Development consent is required for earthworks unless:

(a) the work is exempt development under this Plan or another applicable environmental planning instrument, or

(b) the work is ancillary to other development for which development consent has been given.

(3) Before granting development consent for earthworks, the consent authority must consider the following matters:

(a) the likely disruption of, or any detrimental effect on, existing drainage patterns and soil stability in the locality,

(b) the effect of the proposed development on the likely future use or redevelopment of the land,

(c) the quality of the fill or the soil to be excavated, or both,

(d) the effect of the proposed development on the existing and likely amenity of adjoining properties,

(e) the source of any fill material and the destination of any excavated material,

(f) the likelihood of disturbing relics,

(g) proximity to and potential for adverse impacts on any watercourse, drinking water catchment or environmentally sensitive area.

Note. The National Parks and Wildlife Act 1974, particularly section 86,deals with disturbing or excavating land and Aboriginal objects.

6.3 Flood Planning


(a) to minimise the flood risk to life and property associated with the use of land.

(b) to allow development on land that is compatible with the land’s flood hazard, taking into account projected changes as a result of climate change,

(c) to avoid significant adverse impacts on flood behaviour and the environment.

(2) This clause applies to land that is shown as “Flood planning area” on the Flood Planning Map.

(3) Development consent must not be granted to development on land to which this clause applies unless the consent authority is satisfied that the development:

(a) is compatible with the flood hazard of the land; and

(b) is not likely to significantly adversely affect flood behaviour resulting in detrimental increase in the potential flood affectation of other development or properties, and

(c) incorporates appropriate measures to manage risk to life from flood, and

(d) is not likely to significantly adversely affect the environment or cause avoidable erosion, siltation, destruction of riparian vegetation or a reduction in the stability of river banks or watercourses, and

(e) is not likely to result in unsuitable social and economic costs to the community as a consequence of flooding.

(4) A word or expression used in this clause has the same meaning as it has in the Floodplain Development Manual (ISBN: 0 7347 5476 0), published in 2005 by the NSW Government, unless it is otherwise defined in this clause.

6.4 Active street frontages in the Bondi Junction Centre

(1) The objective of this clause is to promote uses that attract pedestrian traffic along certain ground floor street frontages in Zone B3 Commercial Core and B4 Mixed Use in the Bondi Junction Centre.

(2) This clause applies to land identified as ‘Active street frontage’ on the Active Street Frontages Map.

(3) Development consent must not be granted to the erection of a building, or a change of use of a building, on land to which this clause applies unless the consent authority is satisfied that the building will have an active street frontage after its erection or change of use.

(4) Despite subclause (3), an active street frontage is not required for any part of a building that is used for any of the following:

(a) entrances and lobbies (including as part of mixed use development) or

(b) access for fire services;

(c) vehicle access.

(5) In this clause, a building has an active street frontage if all premises on the ground floor of the building facing the street are used for the purposes of business premises or retail premises.

6.5 Location of sex services premises

(1) The objective of this clause is to minimise land use conflict and adverse amenity impacts by providing a reasonable level of separation between sex services premises, specified land uses and places regularly frequented by children.

(2) In deciding whether to grant consent to a development for the purposes of sex services premises, the consent authority must consider the following:

(a) if the premises will be located on land that adjoins, is directly opposite or is separated only by a local road from land:

(i) in Zone R1 General Residential, Zone R2 Low Density Residential, Zone R3 Medium Density Residential, or Zone RE1 Public Recreation, or

(ii) used for the purposes of a child care centre, a community facility, a school or a place of public worship,

(b) the impact the proposed development and its hours of operation would have on any place, likely to be regularly frequented by children:

(i) that adjoins the proposed development, or

(ii) that can be viewed from the proposed development, or

(iii) from which a person can view the proposed development.

6.6 Biodiversity

(1) The objective of this clause is to maintain terrestrial biodiversity, through:

(a) protecting native flora and fauna,

(b) protecting the ecological processes necessary for their continued existence, and

(c) encouraging the conservation and recovery of native flora and fauna, and their habitats.

(2) This clause applies to land identified as “biodiversity” on the Biodiversity Map

(3) Before determining a development application on land to which this clause applies, the consent authority must:

(a) consider whether there will be any adverse impacts on:

(i) the condition, ecological value and significance of the flora and fauna,

(ii) the importance of the vegetation to the habitat and survival of native fauna,

(iii) any potential to fragment, disturb or diminish the biodiversity structure, function and composition on the land, and

(iv) habitat elements providing connectivity.

(b) be satisfied that:

(i) the development is designed, sited and will be managed to avoid any adverse environmental impact; or

(ii) if that impact cannot be avoided, after having taken into consideration feasible alternatives, the development is

designed, sited and will be managed to minimise that impact; or

(iii) if that impact cannot be minimised, the development will be managed to mitigate that impact.

Schedule 1 Additional permitted uses

(Clause 2.5)

1 Use of certain land at Bondi Junction in Zone R3 Medium Density Residential

(1) This clause applies to land at the address shown in column 1 of the Table to this clause, being the lot described opposite that address in column 2 of the Table.

(2) Development for the purposes of Office premises is permitted with consent.

Column 1 Column 2

7 Denison Street Lot 1, DP 599645


11 Denison Street Lot 61, Sec B, DP 976168





















53 Denison Street Lot B, DP 106980

55 Denison Street Lot A, DP 106980






51 Ebley Street Lot 5, DP 227462







54 Newland Street Lot X, DP 107126

56 Newland Street Lot Y, DP 107126

58 Newland Street Lot Z, DP 107126

60 Newland Street Lot 1, DP 227462




Schedule 2 Exempt development

(Clause 3.1)

Note 1. State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies exempt development under that Policy. The Policy has State-wide application. This Schedule contains additional exempt development not specified in that Policy.

Note 2. Exempt development may be carried out without the need for development consent under the Act. Such development is not exempt from any approval, licence, permit or authority that is required under any other Act and adjoining owners’ property rights and the common law still apply.

Driveways for non domestic purposes (1) Must be associated with access to an open hard stand space, a carport or garage.

(2) Must not be constructed or installed on or in, or in relation to, a heritage item or a draft heritage item or on land in a foreshore area.

(3) Be constructed so that any surface water is disposed of without causing a nuisance to adjoining owners.

(4) Not require cut or fill more than 600mm nor be elevated or suspended below or above ground level (existing).

(5) Not be wider than the open hared stand space, carport or garage with which it is associated.

(6) Be constructed in accordance with Australian Standard AS 2890.1 – 1993, Parking facilities – Off-street car parking.

(7) Does not require a new gutter crossing.

Earthworks and retaining walls for non domestic purposes (1) Must not be constructed or installed on or in, or in relation to, a heritage item or a

draft heritage item.

(2) Must be located at least 900mm from each lot boundary.

(3) Not require cut or fill more than 600mm below or above ground level (existing).

(4) If a retaining wall:

(a) be not higher than 600mm (including the height of any batters) above ground level (existing), and

(b) if it is on a sloping site and stepped to accommodate the fall in the land – be not higher than 800mm avove ground level (existing) at each step, and

(c) have adequate drainage lines behind it.

(5) Not redirect the flow of surface water onto an adjoining property.

(6) Surface water to be disposed of without causing a nuisance to adjoining owners.

(7) Be located at least 1m from any registered easement, sewer main or water main.

(8) If the fill is more than 150mm deep – not occupy more than 50% of the landscaped area.

(9) If it is carried out, constructed or installed in a heritage conservation area or a draft heritage conservation area – be located in the rear yard.

(10) Be located at least 50m from a waterbed (natural).

Pathways and paving for non domestic purposes

(3) Must be constructed so that any surface water is disposed of without causing a nuisance to adjoining owners, and

(4) Not require cut or fill more than 600mm below or above ground level (existing), and

(5) Not have an area more than 15% of the floor area of the associated development.

Pergolas (open) (for non domestic purposes) (1) Must not be roofed or enclosed.

(2) Maximum height of 2.4m above the natural ground level.

(3) Be located a minimum of 900m2 from the boundary.

(4) Maximum pergola floor area of 20m2.

Restaurants (located on the footway of a public road)

(1) Must be associated with an approved restaurant on the adjacent property, and

(2) Must maintain continuous pedestrian paths of travel along the footpath and not obstruct access to neighbouring properties, and

(3) No furniture is to be located within 3m of a bus stop or taxi stand, and

(4) Approval under Section 125 of the Roads Act 1993 must first be obtained.

Scaffolding, hoardings and temporary construction site fences (development that is not exempt or complying development in the Codes SEPP) (1) Must enclose the works area, and

(2) The vertical height above footpath level of the structure being erected or demolished must be less than 4m.

(3) If it is a temporary construction site fence adjoining, or on, a public place-be covered in chain wire mesh, and

(4) Be removed immediately after the purpose for which it was erected has finished and no safety issue will arise from its removal.

Signage (initial installation of identification signs and structures) (1) The sign must fall within the definition of a building identification sign or a business

identification sign, and

(2) Must not be constructed or installed on or in, or in relation to, a heritage item or a draft heritage item or on land in a heritage conservation area or draft heritage conservation area, and

(3) The sign must not cover mechanical ventilation inlets or outlet vents, and

(4) If the sign is a flush wall sign:

(a) must not be illuminated, and

(b) the maximum dimensions of 300mm in height and 450mm in length, and

(c) maximum of one per site.

(5) If the sign is a fascia sign:


(b) must not project above or below the fascia or return end of the awning, and

(c) must be flush with the fascia.

(6) If the sign is a top hamper sign:

(a) illuminated signs must have electrical conduits taken directly into the building, and

(b) must be flush to the external face of the shop front and projects no more than 150mm beyond the face of the building, and


(d) must not extend below the head of the doorway or window to which it is attached, and

(e) must be setback 600mm from the side boundary.

(7) If the sign is an under awning sign:

(a) illuminated signs must have electrical conduits taken directly into the building, and

(b) must not project beyond the awning, and


(d) must be erected horizontal to the ground and at right angles to the building, and

(e) the maximum dimensions of 450mm in height and 2400mm in length, and

(f) not less than 2.6m above the ground or pavement level, and

(g) must be a minimum of 600mm from the kerb or roadway edge, and

(h) must be securely fixed by metal supports.

(8) If the sign is a window sign:


(b) must be located on the ground level facade, and

(c) maximum of one per site, and

(d) 60% of the shop window must remain uncovered.

(9) If the sign is a real estate sign:


(b) maximum of one sign per site

(c) for residential premises or serviced apartments the sign must not exceed 2.5m2.

(d) for commercial premises the sign must not exceed 4.5m2.

(10) If the sign is a temporary sign:


(b) the sponsor/s names or logo must be subsidiary to the event or matter being advertised, and


Schedule 3 Complying development

(Clause 3.2)

Note. State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies complying development and the complying development conditions for that development under that Policy. The Policy has State-wide application. This Schedule contains additional complying development not specified in that Policy.

Initial occupation of commercial premises (1) The use must relate to an existing approved and lawfully constructed premises. (2) The hours of occupation of the use must not exceed beyond 8:00am and 8:00pm from

Monday to Sunday. (3) The use must not require an increase in the provision of off street car parking spaces

than was originally approved for the premises. (4) The use must be permissible in the land use zone in which it is carried out. (5) The use must not result in a change of building use under the Building Code of

Australia. (6) The use must not be any of the following:

i. food and drink premises, ii. a funeral chapel, iii. a funeral home, iv. retail premises where firearms within the meaning fo the Firearms Act 1996

are sold, v. landscape or garden supplies, vi. a market, vii. premises that are a veauty salon or hair dressing salon,

viii. premises where a skin penetration procedure within the meaning of section 51 of the Public Health Act 1991 is carried out,

ix. restricted premises, x. a roadside stall, xi. sex service premises, and xii. vehicle sales and hire premises.

(7) The use must not involve building alterations, other than alterations that are exempt development.

(8) The use must not result in an increase in the gross floor area of any building within which it is carried out.

(9) The use must not cause the contravention of any existing conditions of a development consent that applies to the premises relating to hours of operation, carparking, vehicular movement, traffic generation, landscaping or waste management.

Fences and retaining walls for domestic purposes on lots less than 200m2

(1) A fence and any associated retaining wall located within the setback area from a primary road must:

(a) not be more tahan 1.2m above ground level (existing), and

(b) be open for at least 50 per cent of the upper 2/3 of the area of the fence, and

(c) in relation to any brick or other solid portion of the fence above 600mm, be not more than 250mm wide.

(2) A fence and any associated retaining wall located behind the setback area from a primary road or any side or rear boundary fence must not be more than 1.8m above ground level (existing).

(3) A retaining wall or embankment must not have a height above or below ground level (existing) of more than:

(a) 600mm at any distance up to 500mm from a side or rear boundary, or

(b) 1m at any distance more than 500mm from a side or rear boundary.

(4) The fence or the fence and associated retaining wall on a sloping lot may be stepped, provided the height of each step is not more than:

(a) 1.6m above ground level (existing) if it is located within a setback area from a primary road, or

(b) 2.2m above ground level (existing) in any other case.

(5) All fill on a lot must be retained by a retaining wall.

(6) Fill more than 150mm deep must not occupy an area of more than 50 per cent of the landscaped area of the lot.

Part 1 Types of development

Part 2 Complying development certificate conditions Note. Complying development must comply with the requirements of the Act, the regulations under the

Act and this Plan.

General conditions

Any development specified in Part 1 is subject to the same conditions set out in Division 3 of Part 3 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.

1 NO SPRUIKERS

Spruikers (with or without sound amplification) shall not operate without the prior written consent of

Council.

2 NO FLASHING SIGNS

The use of flashing lights, flashing illuminated signs and the like is prohibited.

3 LOCATION OF SIGNS

No advertising signs or notices are to be affixed to the windows of the premises.

4 NO SIGNS OR GOODS ON PUBLIC AREA

Portable signs or goods for sale or display must not be placed on the footway or other public areas,

without the prior approval of Council.

5 SIGNS

Any existing advertising structures displayed at the premises not relating to the approved use being

removed and any proposed advertising structures to be displayed at the premises being the subject of

a specific application to Council, unless allowed under Exempt Development.

6 SECURITY DEPOSIT A deposit or guarantee satisfactory to Council (in accordance with Council’s Pricing Policy) must be

provided as security for the payment of the cost of making good any damage that may be caused to

any Council property as a consequence of this building work. This deposit or guarantee must be

established prior to the commencement of any work on the site. The full amount of the difference after

recovery of Council's cost for any repair of damage to Council property will be refunded after

satisfactory completion of the building work to the person who paid the deposit.

7 LONG SERVICE LEVY

A long service levy, as required under Section 34 of the Building and Construction Industry Long

Service Payments Act, 1986, is to be paid in respect to this building work. In this regard, proof that the

levy has been paid is to be submitted to Council prior to the commencement of any work on the site.

Note: Council acts as an agent for the Long Service Payment Corporation and the levy may be paid at

Council's office. The levy rate is 0.35% of building work costing $25,000 or more.

8 ESSENTIAL SERVICES - EXISTING BUILDING Details of the currently implemented and proposed essential fire safety measures shall be submitted to

Council, prior to the commencement of any work on the site, in the form of a Fire Safety Schedule. This

Schedule shall be prepared by a person competent to do so and shall specify the minimum standard of

performance for each essential fire safety measure included in the Schedule. At the completion of the

installation, a Final Fire Safety Certificate shall be attached to the Occupation Certificate, certifying that each

essential fire safety measure specified within the current Fire Safety Schedule:

(a) has been assessed by a properly qualified person; and

(b) found to be capable of performing to at least the standard required by the current Fire Safety Schedule

for the building for which the Certificate is issued.

9 SITE WASTE AND RECYCLING MANAGEMENT PLAN A Site Waste and Recycling Management Plan (SWRMP) Checklist Part 2 shall be submitted to the Principal

Certifying Authority for approval in accordance with Council's DCP prior to the commencement of any works

on the site. Council expects demolition and excavated material to be reused and/or recycled wherever

possible. The builder and all subcontractors shall comply with the approved SWRMP (Part 1 and 2) at all

times during construction. At least one copy of the SWRMP is to be available on site at all times during

construction.

10 DEMOLITION OR ALTERATION OF PRE 1987 BUILDINGS At least five (5) days prior to the demolition, renovation work or alterations and additions to any building

constructed before 1987, the person acting on the consent shall submit a Work Plan prepared in

accordance with Australian Standard AS260-2001, Demolition of Structure and a Hazardous Materials

Assessment by a person with suitable expertise and experience. The Work Plan and Hazardous

Materials Assessment shall:

(a) outline the identification of any hazardous materials, including surfaces coated with lead paint;

(b) confirm that no asbestos products are present on the subject land; or

(c) particularise a method of safely disposing of the asbestos in accordance with the Code of

Practice for the Safe Removal of Asbestos NOHSC 2002 (1998);

(d) describe the method of demolition;

(e) describe the precautions to be employed to minimise any dust nuisance; and

(f) describe the disposal methods for hazardous materials.

11 SOIL AND WATER MANAGEMENT PLAN A Soil and Water Management Plan (also known as an Erosion and Sediment Control Plan) shall be

prepared according to SSROC's Soil and Water Management Brochure and the DEC's Managing

Urban Stormwater: Construction Activities. This Plan shall be implemented prior to commencement of

any works or activities. All controls in the Plan shall be maintained at all time. A copy of the Soil and

Water Management Plan must be kept on site at all times and made available to Council Officers on

request.

12 SOIL AND WATER MANAGEMENT SIGN Throughout the demolition and construction period, Council's warning sign for soil and water

management must be displayed on the most prominent point of the building site, visible to both the

street and site works. A copy of the sign is available from Council.

13 STOCKPILES Stockpiles of topsoil, sand, aggregate, soil or other material shall not be located on any drainage line or

easement, natural watercourse, footpath or roadway and shall be protected with adequate sediment

controls.

14 FIRE SAFETY

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 new use.

15 TREE PROTECTION Precautions shall be taken when working near trees to ensure their retention, including the following:

(a) Do not store harmful or bulk materials or spoil under or near trees;

(b) Prevent damage to bark and root system;

(c) Do not use mechanical methods to excavate within root zones;

(d) Do not add or remove topsoil from under the drip line;

(e) Do not compact ground under the drip line;

(f) Do not mix or dispose of liquids within the drip line of the tree; and

(g) All trees marked for retention must have a protective fence/guard placed around a nominated

perimeter.

16 FINAL OCCUPATION CERTIFICATE The Principal Certifying Authority prior to occupation or use of the development must issue a final

Occupation Certificate. In issuing an Occupation Certificate, the Principal Certifying Authority must be

satisfied that the requirements of Section 109H of the Environmental Planning & Assessment Act, 1979

have been satisfied. Note: Should Council be appointed as the Principal Certifying Authority (PCA) an

inspection fee in accordance with Council’s Pricing Policy is to be paid prior to the commencement or

works.

17 WASTE STORAGE

The following requirements apply to waste management:

(a) A waste management plan must be submitted to Council to include all waste removal

arrangements such as the Contractor, recyclables and all other waste (collection and disposal),

prior to the occupation of the premises.

(b) Provide a separate waste storage area suitably covered, bunded and drained to the sewer. The

waste storage receptacles must be maintained in good order and repair at all times.

(c) Provide a suitable storage area affectively bunded for chemicals, pesticides and cleaning products.

(d) Provide a separate storage area for used and unused cooking oils suitably covered, bunded and

drained to the sewer.

(e) Provide dry basket arresters to the floor wastes in the food preparation and waste storage areas.

(f) Confer with Sydney Water regarding whether a Trade Waste Agreement is required. A copy of the

agreement shall be forwarded to Council if one is entered into with Sydney Water.

18 DISPLAY OF WASTE MANAGEMENT PLAN The occupant/body corporate shall be provided with at least one copy of the Waste Management Plan.

An additional copy of the plan shall be displayed in a secure, visible and accessible position within or

adjacent to the waste storage area. The approved Waste Management Plan must be complied with at

all times during occupation.

19 LIGHTING

Any lighting on the site shall be designed so as not to cause nuisance to other residences in the area

or to motorists on nearby roads and to ensure no adverse impact on the amenity of the surrounding

area by light overspill. All lighting shall comply with the Australian Standard AS 4282:1997 Control of

the Obtrusive Effects of Outdoor Lighting.

20 STREET NUMBER/S

The street number for the property shall be a minimum of 75mm high and shall be

positioned 600mm-1500mm above ground level on the site boundary that fronts the

street. Should the number be fixed to an awning then it shall be a minimum 150mm

high.

Schedule 4 Classification and reclassification of public land

(Clause 5.2)

Part 1 Land classified, or reclassified, as operational land—no interests changed

Column 1 Column 2

Locality Description

Part 2 Land classified, or reclassified, as operational land—interests changed

Column 1 Column 2 Column 3

Locality Description Any trusts etc not discharged

Bondi Junction 3 Bondi Rd being Lot 1 in Deposited Plan 937521

Nil

Bondi Junction 79-81 Grafton St being land in folio identifiers 15/849955 and 3/1073915

Nil

Bondi Junction 1A Newland St (also known as 79-81 Grafton St) being land within Folio Identifiers 15/849955

Nil

Bondi Junction Unit 204, 422 Oxford St being land within Folio Identifier 204/1017003

Nil

Part 3 Land classified, or reclassified, as community land Column 1 Column 2

Locality Description

Schedule 5 Environmental heritage

(Clause 5.10)

Part 1 Heritage items

Column 1 Column 2 Column 3 Column 4 Column 5 Column 6

Suburb Item name Address Property description Significance Heritage Item

Bondi Two storey Edwardian pair

15-17 Anglesea Street

Lot 1 & 2 DP 206590 Local I1

Bondi Inter-War Mediterranean/Spanish style substation

36 Anglesea Street

Lot 1 DP 632238, Lot 1 DP 66636

State I2

Bondi Victorian/Federation house

96 Anglesea Street

Lot 1 DP 520411 Local I3

Bondi Victorian/Federation cottages

59-63 Avoca Street

Lot 3, 2 & 1 DP 731877 Local I4

Bondi Victorian/Federation houses

59-63 Bondi Road

Lot 1, 2 & 3 DP 506812 Local I5

Bondi Federation commercial terrace

65-73 Bondi Road

Lot 1, 2, 3, 4 & 5 DP 444781 Local I6

Bondi Late Victorian commercial terrace

75-83 Bondi Road

Lot 1, 2, 3, 4 & 5 DP 33244 Local I7

Bondi Federation Queen Anne style mixed development

85-101 Bondi Road

Lot 1 & 2 DP 507418; Lot A & B DP 316258; Lot A, B & C DP 323173; Lot 1 & 2 DP 315790

Local I8

Bondi Early twentieth century post office

127 Bondi Road Lot 2 DP 182210 Local I9

Bondi Late Federation Free Classical Revival style mechanic building


Bondi Inter-War Art Deco style residential flat building

134A&B Bondi Road (known as 134 Bondi Rd)

Lot A DP 336659, CP SP 11708

Local I11

Bondi Early twentieth century building

138 Bondi Road

Lot 2 & 3 Sec1 DP 979732 Local I12

Bondi Masonic Centre, Monumental Style


Bondi Inter-War Free Classical style mixed development

151-153 Bondi Road


Bondi Federation Arts and 158 Bondi Road Lot B DP 430058 Local I15

Crafts style mixed development

Bondi Inter-War Georgian Revival style

mechanic building

207 Bondi Road Lot 8 DP 13337, Lot 9 DP 13337, Lot 10 DP 13337, Lot 11 DP 13337

Local I16

Bondi Twentieth century, all brick church

220 Bondi Road

(St Patrick’s Church)


Bondi 1930's style residential/ commercial building

222-234 Bondi Road


Bondi Late example of the Federation style


Bondi Royal Hotel Inter-War Mediterranean style

283 Bondi Road Lot 1 DP 1441, Lot 2 DP 1441 Local I20

Bondi Federation commercial/

residential terrace

298-300 Bondi Road

Lot 2 & 3 DP 4941 Local I21

Bondi Late Federation style flat building


Bondi ‘Roddymoor’, Federation Arts and Crafts style bungalow

303 Bondi Road Lot 1 DP 128660, Lot 2 DP 128660

Local I23

Bondi Federation house 310 Bondi Road Lot 5 DP 3635 Local I24

Bondi Individually styled 1930's house

32 Boonara Avenue


Bondi Federation style cottage

20 Castlefield Street


Bondi Federation style bungalow

25 Castlefield Street

Lot 1 DP 1092584, Lot 2 DP 1092584, Lot 3 DP 1092584

Local I27

Bondi Inter War style mixed development

32 Fletcher Street (known as 50 Dudley Street)

Lot A DP 321112, Lot C DP 321112

Local I28

Bondi Federation Queen Anne style house

15 Flood Street Lot 1 DP 725824 Local I29

Bondi Victorian Gothic style house


Bondi Federation period, transitional style house


Bondi Federation Arts and Crafts style residential flat building

55 Flood Street (known as 108-116 Bondi Road)

Lot 15 Sec G DP 1640 Local I32

Bondi Federation style bungalow

10 Imperial Avenue


Bondi Late Federation style house

12 Imperial Avenue

Lot A DP 9869 Local I34

Bondi 1930's house 15 Imperial Avenue


Bondi Federation Queen Anne style semi detached residences

20-22 Imperial Avenue

Lot B DP 364019, Lot A DP 364019

Local I36

Bondi Federation style house


CP SP 70219, Lot 109 DP 1051129

Local I37

Bondi Federation style house

28 Imperial Avenue


Bondi Federation Arts and Crafts style semi detached residences


Lot 1 & 2 DP 219876, Lot A & B DP 88899, Lot A & B DP 541482

Local I39

Bondi Inter-War California Bungalow

43 Imperial Avenue


Bondi Inter-War California Bungalow

45 Imperial Avenue

Lot B DP 178448 Local I41

Bondi Inter-War residential flat building

47 Imperial Avenue


Bondi Inter-War residential flat building

49 Imperial Avenue


Bondi 1920's style Bungalow

58 Imperial Avenue


Bondi Old stone house 16-18 Moore Street

Lot 1 & 2 DP 536933 Local I45

Bondi Late Victorian villa 1 Ocean Street Lot A DP 344489 Local I46

Bondi Inter-War Bungalow 21 Ocean Street Lot B DP 381299 Local I47

Bondi 1920's Bungalow 23 Ocean Street Lot A DP 381299 Local I48

Bondi Federation Filigree style residence ‘Beatrice’, ‘The Rectory’

34 Ocean Street Lot 6 Sec 3 DP 979732 Local I49

Bondi Federation Gothic style, St Matthew’s Church

34a Ocean Street Lot 6 Sec 3 DP 979732 Local I50

Bondi 1920's Bungalow 49 Ocean Street Lot 1 DP 75745 Local I51

Bondi Federation Queen Anne style dwelling, ‘Melrose’

65 Ocean Street Lot 19 Sec B DP 3426 Local I52

Bondi Federation brick cottage

77 Ocean Street Lot 13 SecB DP 3426 Local I53

Bondi Federation house 225 Old South Head Road

Lot 1 DP 738524, Lot 1 DP 934617

Local I54

Bondi Stone cottage 18 Park Parade Lot 23 DP 667185 Local I55

Bondi Late Victorian Italianate style house

14 Penkivil Street Lot 5 DP 900389, CP SP 44456

Local I56

Bondi Victorian Italianate style house

16 Penkivil Street Lot 1 DP 1037003 Local I57

Bondi Victorian Italianate style dwelling

51 Penkivil Street Lot B DP 432393 Local I58

Bondi Federation house 81 Penkivil Street Lot 81 DP 1043012 Local I59

Bondi Edwardian style, brick cottage

20 Philip Street Lot 60 DP 4126 Local I60

Bondi Federation weatherboard cottage

13 Stephen Street Lot 48 DP 5184 Local I61

Bondi Early twentieth century semi-detached

2-12 Tasman Street

Lot 1, 2, 3, 4, 5 & 6 DP 253162

Local I62

Bondi Federation terraced pair

7-9 Watkins Street

Lot 3 & 4 DP 442730 Local I63


11-13 Watkins Street

Lot 5 & 6 DP 442730 Local I64


15-17 Watkins Street

Lot 7 & 8 DP 442730 Local I65

Bondi Early twentieth century terraces

2-40 Watkins Street

Lot A, B, C, D & E DP 442836; Lot 1, 2, 3, 4 & 5 DP 444403; Lot A, B, C, D & E DP 442633; Lot 1, 2, 3, 4 & 5 DP 33816

Local I66

Bondi Late Victorian villa 6 Watson Street Lot 55 DP 86311, Lot 1 DP 1090655, Lot 9 DP 5860

Local I67

Bondi Late nineteenth century, semi-detached

60-62 Watson Street

Lot 1 & 2 DP 591646 Local I68

Bondi Federation timber cottage

69 Watson Street Lot 78 DP 2584 Local I69

Bondi Late nineteenth century, public school building. Bondi Central Public School.

3-11 Wellington Street


Bondi Late Victorian villa, Scarba Home

30 Wellington Street


Bondi Beach

Late Federation semi-detached

1-3 Barracluff Avenue

Lot Y & X DP 438275 Local I72

Bondi Beach

Inter-War flat building

1-11A Brighton Boulevard

Lot 1407, 1409, 1410 & 1412 DP 752011; Lot A DP 335996; SP 14180; SP 14038

Local I73

Bondi Beach

Inter-War style residential flat building

20-26 Campbell Parade

Lot 6 DP 10606; Lot 7 DP 10606

Local I74

Bondi Beach

1920's style former hotel

34 Campbell Parade (Bondi Astra)

Lot 100 DP 709522, CP SP 22422

Local I75

Bondi Beach

Inter-War Free Classical style


Lot Y DP 421368, CP SP 58164

Local I76

Bondi Beach

Inter-War style mixed development

70 Campbell Parade

Lot 10 DP 8230, CP SP 13031 Local I77

Bondi Beach

Inter-War Free Classical style

82 Campbell Parade


Bondi Beach

Inter-War Free Classical style residential flat building

92 Campbell Parade


Bondi Beach

Inter-War style residential flat building



Bondi Beach

1920's style commercial building

124 Campbell Parade


Bondi Beach

1920's hotel landmark building

178A Campbell Parade (Hotel Bondi)


Bondi Beach

Inter-War Art Deco style residential flat building

226 Campbell Parade

Lot 3 Sec 1 DP 9177 Local I83

Bondi Beach


228 Campbell Parade


Bondi Beach


230 Campbell Parade


Bondi Beach


238 Campbell Parade


Bondi Beach



CP SP 1618 Local I87

Bondi Beach




Bondi Beach



Lot DP Unknown, CP SP 5528 Local I89

Bondi Beach


270 Campbell Parade

Lot 1310 DP 752011 Local I90

Bondi Beach


274 Campbell Parade

Lot DP Unknown, CP SP 14561

Local I91

Bondi Beach


282 Campbell Parade

CP SP 12046 Local I92

Bondi Bondi Beach Campbell Parade Item bounded by Marks Park National I93

Beach (south); Campbell Parade (north west); Ben Buckler (north east) and Tasman Sea (south east)

Bondi Beach

Bondi Beach Cultural Landscape

Queen Elizabeth Drive

Item bounded by Notts Avenue (south); Campbell Parade (north west); Ramsgate Avenue East (north east) and the shoreline of Bondi Beach (south east)

State I94

Bondi Beach

Early twentieth century Federation cottages

17-21 Chambers Avenue

Lot 71 DP 650734; Lot 1 DP 114108; Lot 72 DP 667618

Local I95

Bondi Beach

Early twentieth century, Federation Bungalow

15 Consett Avenue


Bondi Beach

Early twentieth century semi-detached

18-20 Consett Avenue

Lot 1 & 2 DP 733010 Local I97

Bondi Beach

1940's flat buildings 63-65 Curlewis Street

Pt Lot 9B Sec4 DP 8411, CP SP 39828; Pt Lot 9C Sec4, CP SP 8337

Local I98

Bondi Beach

1940's flat buildings 67-71 Curlewis Street

Pt Lot 9D Sec4 DP 411, CP SP 12167; CP SP 21830

Local I99

Bondi Beach

Inter-War Spanish Mission style flat building

7 Edward Street Lot B DP 329256, CP SP 22517

Local I100

Bondi Beach


11 Edward Street Lot 1 DP 324404 Local I101

Bondi Beach

Federation Queen Anne style bungalow

75 Edward Street Lot 3 DP 1071893, Lot 4 DP 1071893

Local I102

Bondi Beach

1930’s style Bungalow

13 Forest Knoll Avenue


Bondi Beach


28 Francis Street Lot 2 DP 321966, CP SP 14457

Local I104

Bondi Beach


30 Francis Street Lot 1 DP 321966, CP SP 21833

Local I105

Bondi Beach


34 Francis Street Lot A DP 329256 Local I106

Bondi Beach

Inter War Mediterranean style substation

Substation 346, Francis Street


Bondi Beach

1930’s styled Bungalow

7 Glasgow Avenue


Bondi Inter-War Substation 339, Lot 1 DP 324508 Local I109

Beach Mediterranean style substation

Glenayr Avenue

Bondi Beach

Art Deco style flat building

149-151 Glenayr Avenue


Bondi Beach

Post War Modern style residential flat building

177 Glenayr Avenue


Bondi Beach

Inter-War Mediterranean style substation

Substation 183, Gould Street


Bondi Beach

Inter-War Stripped Classical style public building

20 Hall Street Lot 2 DP 329116 Local I113

Bondi Beach

1930's Art Deco / Egyptian style commercial building

31-33 Hall Street Lot 16 Sec4 DP 747 Local I114

Bondi Beach

Federation style sandstone cottage

43 Hall Street Lot 13 Sec 4 DP 747 Local I115

Bondi Beach


Substation 354, Hastings Parade


Bondi Beach

1930’s and 1940’s Art Deco and International style flat buildings

25 Hastings Parade

Lot 1370 DP 752011 Local I117

Bondi Beach

Early twentieth century cottage

66 Lamrock Avenue


Bondi Beach

Inter-War Georgian Revival style substation

Substation 344, Lucius Street, substation


Bondi Beach

Federation style semi-detached house

108-110 O’Brien Street

Lot A & B DP 437284 Local I120

Bondi Beach

Spanish Mission style shopfront

281 Old South Head Road


Bondi Beach

Victorian Villa 3 Ormond Street Lot 5 DP 13236 Local I122

Bondi Beach

1930’s style Bungalows

5-7 Ormond Street

Lot 3 & 4 DP 13236 Local I123

Bondi Beach

Early twentieth century building

Queen Elizabeth Drive

Bondi Pavilion State I124

Bondi Beach

Late Federation / Bungalow style

18 Rickard Avenue


Bondi Beach

Late Federation / Bungalow style

21 Rickard Avenue


Bondi Beach

Late Federation style semi

41-43 Roscoe Street

Lot 1 & 2 DP 612365 Local I127

Bondi Beach

Federation Bungalows

33-35 Simpson Street

Lot 11 DP 58757, CP SP 32186

Local I128

Bondi Beach

Federation Queen Anne style cottage

44 Simpson Street Lot 25 DP 5110 Local I129

Bondi Beach


38-40 Sir Thomas Mitchell Road


Bondi Beach


64 Sir Thomas Mitchell Road

Lot 10 DP 13236, CP SP 14833

Local I131

Bondi Beach

Twentieth century Inter-War Stripped Classical style public school building

Bondi Beach Public School


Bondi Beach

Federation style house



Bondi Beach

Early twentieth century stone cottage



Bondi Junction

Two storey residential flat building

16 Allens Parade Pt Lot 3, DP 11196, SP 11481 Local I135

Bondi Junction


27 Allens Parade Pt Lot 17B, DP 11197, SP 19633

Local I136

Bondi Junction

Two storey terrace row

37–51 Allens Parade

Lots A, B, C and D, DP 110330; Lots A and B, DP 443051; Lots 1 and 2, DP 579718

Local I137

Bondi Junction

Semi-detached dwellings


Lots A and B, DP 442315 Local I138

Bondi Junction



Lots 1 and 2, DP 529760 Local I139

Bondi Junction

Victorian / Federation cottages

2-14 Ben Eden Street

Lot 1, 2, 3, 4, 5, 6 & 7 DP 446087

Local I140

Bondi Junction

Single storey dwelling

2 Birrell Street Lot 1, Sec 7, DP 4600 Local I141

Bondi Junction


22–24 Birrell Street


Bondi Junction

Single storey dwelling, “St Wenn”

26 Birrell Street Lot 3, DP 850629 Local I143

Bondi Junction


190 Birrell Street Lot 1, DP 948909 Local I144

Bondi Junction


208–236 Birrell Street

Lots 2–14, DP 442360; Lot 4, DP 775752; Lot 1, DP 1089004

Local I145

Bondi Junction

Ecclesiastical Gothic style stone church, St Mary’s Church

240-248 Birrell Street

Lot 1 DP 813589; Lot 1 DP 813586

Local I146

Bondi Federation Queen 7 Bon Accord Lot 9 DP 2431 Local I147

Junction Anne / Federation Carpenter Gothic style cottage

Avenue

Bondi Junction



Bondi Junction

Former Tramway shed

Bondi Road Former Tramway shed (Waverley Park)

Local I149

Bondi Junction

Late Victorian terraces

70-76 Bondi Road

Lot A, B, C & D DP 358848 Local I150

Bondi Junction

Victorian / Federation terraced pair

78-80 Bondi Road

Lot 1 DP 101730; Lot 1 DP 34331

Local I151

Bondi Junction

Late Victorian terraces

82-88 Bondi Road

Lot 21 & 40 SecH DP 1640; Lot 1 DP 923559; Lot 38 & 39 DP 924909

Local I152

Bondi Junction

Late nineteenth century terraced pair, Italianate style

96-98 Bondi Road

Lot 1 & 2 DP 523383 Local I153

Bondi Junction

Federation Filigree style terrace houses

100-102 Bondi Road


Bondi Junction

Church 1–3 Botany Street Lots 1 and 2, DP 221977 Local I155

Bondi Junction

Two storey terraces 2–4 Botany Street Lots 1 and 2, DP 970713 Local I156

Bondi Junction

Two storey terraces 6–8 Botany Street Lot 7, DP 538846 Local I157

Bondi Junction

Two storey terraces 10–12 Botany Street

Lot 1, DP 515954; Lot 1, DP 721725

Local I158

Bondi Junction

Three storey residential flat building row

9–15 Botany Street

Lot B, DP 20625; SP 10363; Lots A, C and D, DP 20625

Local I159

Bondi Junction


19 Botany Street Lot 30, Sec 1, DP 185; SP 10426

Local I160

Bondi Junction

Single storey terrace row


Lots A, B and C, DP 32738 Local I161

Bondi Junction

Two storey terraces 32–34 Botany Street


Bondi Junction




Bondi Junction



Lots 1–4, DP 537847 Local I164

Bondi Junction

Single dwelling 48 Botany Street Lot 2, DP 355126 Local I165

Bondi Junction

Telecommunication tower

50 Botany Street Lot 1, DP 619753 Local I166

Bondi Junction

Ecclesiastical building

39–41 Brisbane Street

Lot 10, DP 59099 Local I167

Bondi Junction

Facade group only 1–3 Bronte Road Lots X and Y, DP 393718; Lot D, DP 389074

Local I168

Bondi Junction

Facade only 3a–5 Bronte Road Lot 12, DP 1045930 Local I169

Bondi Junction

Tea Gardens Hotel 4a Bronte Road Lot 1, DP 82512 Local I170

Bondi Junction

Facade only 28–42 Bronte Road

Lot A, DP 161158; Lots 1–3, DP 226425; Lot 1, DP 621398

Local I171

Bondi Junction

Facade only 44–60 Bronte Road

Lot 1, DP 76946; Lots B and C, DP 105981; Lots 1 and 2, DP 231809; Lots X and Y, DP 439279; Lot 1, DP 794626; Lot 48, DP 1085846

Local I172

Bondi Junction

Facade group only 78–96 Bronte Road

Lots 1 and 2, DP 828697; Lot 2, DP 605730; Lots 1 and 2, DP 224178; Lots A and B, DP 103030; Lot 1, DP 605730

Local I173

Bondi Junction

Corner Federation house

2 Council Street Lot 1 DP 932785 Local I174

Bondi Junction

Three story residential flat building

9 Dalley Street Lot A, DP 334552; SP 4993 Local I175

Bondi Junction


43–55 Denison Street

Lots A and B, DP 106980; Lots 1–5, DP 107706

Local I176

Bondi Junction

Two storey terrace 100 Denison Street


Bondi Junction

Church building 67–69 Denison Street

Lot 3, DP 1118259; SP 79674 Local I178

Bondi Junction

Two storey terrace 91 Denison Street Lot 9, DP 1016536 Local I179

Bondi Junction

Two storey terrace 95 Denison Street Lot 1, DP 197916 Local I180

Bondi Junction

Two storey semi-detached residences

123–125 Ebley Street


Bondi Junction




Bondi Junction




Bondi Junction



Lots C and D, DP 445260 Local I184

Bondi Junction



Lots B–H and J, DP 32999; Lots B and C, DP 329621; Lots A–E, DP 442380; Lots 1–4, DP 529479

Local I185

Bondi Junction

Inter-War Bungalow 6 Goldie Avenue Lot 6 DP 11120 Local I186

Bondi Junction

Bondi Junction underground railway and station

93 Grafton Street Lot 201, DP 1017003; Lot 1, DP 1073913

State I187

Bondi Junction

Late Victorian Villa 18 Kenilworth Street

Lot 39 & Lot 40 SecD DP 1640

Local I188

Bondi Junction

Street names to footpaths and gutters

Corner Grafton Street with Leswell and Nelson Streets, Bondi Junction

Local I189

Bondi Junction

Two storey terraces 26–28 Lawson Street

Lot 88, DP 975497; Lot 87, DP 1014025

Local I190

Bondi Junction

Two storey terrace 32 Lawson Street Lot A, DP 338101 Local I191

Bondi Junction


3–39 Llandaff Street

Lot 1, DP 171197; Lot 5, DP 171236; Lot 1, DP 171471; Lots 1–14, DP 221245; Lots 2 and 3, DP 303036

Local I192

Bondi Junction

Bondi Junction Community Health Centre

26 Llandaff Street Lot 1, DP 196863 Local I193

Bondi Junction

Two storey terraces 1–3 Mackenzie Street

Lot 1, DP 545139; Lot 10, DP 633662

Local I194

Bondi Junction

Single storey terrace row

28–32 Mackenzie Street


Bondi Junction


33–35 Mackenzie Street


Bondi Junction

Cottage 1 Mill Hill Road Lot 100, DP 730334 Local I197

Bondi Junction

Church and hall building

16–26 Mill Hill Road

Lot 10, DP 878411; SP 57419; Lot 18, Sec B, DP 976168

Local I198

Bondi Junction

Two storey terrace, “Iolanthe”

33 Mill Hill Road Lot 1, DP 719437 Local I199

Bondi Junction

Two storey terrace, “Cintra”


Bondi Junction

Two storey terrace, “Myall”


Bondi Junction

Late Victorian villas 85-89 Old South Head Road

Lot 1 DP 1041383; Lot 1 DP 511226; Lot 21 DP 877226, DP 11810

Local I202

Bondi Junction

Federation cottages 101-119 Old South Head Road

Lot A DP 439676; Lot 1, 2, 3, 4, 5, 6, 7, 8 & 9 DP 438699

Local I203

Bondi Junction

Art Deco / Moderne style flat buildings

121-127 Old South Head Road

Lot 1 & 2 DP 19013; Lot 3A DP 19013, CP SP 13648; Lot 4 DP 19013, CP SP 14837; Lot 1 DP 983740, Lot 2 DP 983740

Local I204

Bondi Junction

Victorian Italianate style residence


Lot 3 DP 983740, Lot 4 DP 983740

Local I205

Bondi Junction

Federation / Victorian style house

131-133 Old South Head Road

Lot 5 DP 983740; Lot 1 DP 104725

Local I206

Bondi Junction



Lot 22 DP 2431, Lot 23 DP 2431, CP SP 13392

Local I207

Bondi Junction

Mansion, “Westgate House”

17–19 Oxford Street

Lot 100, DP 627976; SP 19245

Local I208

Bondi Junction

Dwelling house, “The Rectory”

45 Oxford Street Lot 9, DP 741932 Local I209

Bondi Junction

Timber yard with two storey building and light industrial sheds



Bondi Junction

Facade only 63–69 Oxford Street


Bondi Junction

Two storey residential terrace row


Lots 10–13, DP 260116 Local I212

Bondi Junction

Nelson Hotel 232 Oxford Street Lot 1, DP 83199 Local I213

Bondi Junction

Facade group only 231–235 Oxford Street

Lot 100, DP 536906; Lot 2, DP 657661

Local I214

Bondi Junction


Lot 100, Sec B, DP 90829; Lots A–C, DP 377601; Lot 105, DP 554309; Lots 1 and 2, DP 597630; Lot 1, DP 719902; Lot 1, DP 745345; Lots 98, 101 and 102, Sec B, DP 976386; Lot 104, DP 1087474

Local I215

Bondi Junction

Imperial Building 356–374 Oxford Street

Lots 1–3 and 5–7, DP 39086; Lot 1, DP 163647; Lot 4, DP 508369

Local I216

Bondi Junction

Facade group only 406 Oxford Street Lot 1, DP 518967 Local I217

Bondi Junction


Lot A, DP 438340; Lot 34, DP 873403; Lots 5 and 6, DP 9659

Local I218

Bondi Junction

Ground floor and first floor facade, ground floor entrance, stairway to first floor and first floor bar area, Bondi Junction Hotel


Lot 100, DP 1018008 Local I219

Bondi Junction

Mid-Victorian stone mansion

6 Paul Street Lot 6 DP 839076, CP SP 48053

Local I220

Bondi Junction

Late Victorian terraced pair

10-12 Paul Street Lot 1 DP 113096; Lot 345 DP 1079016

Local I221

Bondi Junction

Victorian Italianate style dwelling

27 Paul Street Lot 1 DP 908329 Local I222

Bondi Junction

Bell type letter receiver

Corner Nelson and Oxford

Local I223

Streets

Bondi Junction

Bus Depot/Waverley Tram Depot building



Bondi Junction


1 Porter Street Lot 8, DP 185; Pt Lot 9, DP 185; SP 30190

Local I225

Bondi Junction

Semi-detached dwelling

6–8 Porter Street Lots 1 and 2, DP 634555 Local I226

Bondi Junction


15 Porter Street Lot 7, DP 3795 Local I227

Bondi Junction


14–22 Porter Street

Lot 1, DP 131590; Lot 1, DP 916823

Local I228

Bondi Junction



Bondi Junction



Bondi Junction


2–10 Ruthven Street


Bondi Junction

Attached/ semi-detached dwelling row


Lots 22–42, DP 250200 Local I232

Bondi Junction

Two storey terrace row, “Westgate Terrace”


Lots 6–21, DP 250200 Local I233

Bondi Junction


67 Ruthven Street Lot 55, DP 252259 Local I234

Bondi Junction

Two storey terrace, “Ivanhoe”

69 Ruthven Street Lot 56, DP 252259 Local I235

Bondi Junction

Boot Factory building

27–33 Spring Street

Lot 6, Sec A, DP 145 Local I236

Bondi Junction


13 St James Road Lot 7, DP 17370 Local I237

Bondi Junction

Single storey row 2–36 St James Road

Lots 43–60, DP 250200 Local I238

Bondi Junction

Federation house 5 St Mary’s Avenue

Lot 3 DP 923134, Lot 2 DP 309750

Local I239

Bondi Junction


22-24 Waverley Crescent

Lot 141 & 142 DP 1092124 Local I240

Bondi Junction


47 Waverley Street

Pt Lot 1, Sec 1, DP 6847; SP 841

Local I241

Bondi Junction

Late Victorian house 1 Woodstock Street


Bondi Junction

Late Victorian terrace

2 Woodstock Street


Bondi Junction

Late nineteenth century houses

12-16 Woodstock Street

Lot 43, 44 & 45 SecF DP 1640 Local I244

Bondi Junction


50 Woodstock Street

Lot 26 SecF DP 1640 Local I245

Bondi Junction

Waverley Telephone Exchange building

120–122 Bronte Road

Lots 3–7, Sec 2, DP 185 Local I246

Bondi Junction


7 York Road Lot 4, Sec 6, DP 4600 Local I247

Bondi Junction

Two storey dwelling 21 York Road Lot 11, Sec 6, DP 4600 Local I248

Bronte Victorian / Federation timber cottage

1 Albert Street Lot 4 DP 771103 Local I249

Bronte Federation / Inter-War style bungalow

3 Alfred Street Lot 1 DP 970891 Local I250

Bronte Federation corner house

1 Belgrave Street Lot 81 DP 2960 Local I251

Bronte Victorian Italianate style bungalow

217 Birrell Street Lot 5 DP 2456 Local I252

Bronte Victorian Italianate style dwelling

219 Birrell Street Lot 6 DP 2456, CP SP 48450 Local I253

Bronte Late Victorian Italianate house


Bronte Victorian Italianate style villa



229 Birrell Street Lot 11 DP2456 Local I256



Bronte Victorian Italianate style bungalow


Bronte Late Federation / early Inter-War Bungalow style residence


Bronte Late Federation/early Inter-War Bungalow style residence


Bronte Federation Bungalow style residence


Bronte Federation Arts and Crafts style residence

247 Birrell Street Lot 1 DP 930175, Lot 1 DP 935527

Local I262

Bronte Federation cottage 249 Birrell Street Lot 4 DP 2397 Local I263

Bronte Post-War house 14 Blandford Avenue


Bronte Large two storey early stone villa

18 Blandford Avenue


Bronte Inter-War style residential flat building

32 Blandford Avenue (known as 10a Palmerston Avenue)


Bronte Victorian Classical style terrace houses

6-24 Brae Street, Bronte

Lot C DP 913657; Lot 4 DP 611739; Lot E, F, G, H, J, K, L & M DP 913657

Local I267

Bronte Late Victorian period houses

327-331 Bronte Road


Local I268

Bronte Federation style villa 333 Bronte Road Lot 45 DP 809502 Local I269

Bronte Victorian Italianate / Federation Bungalow style villa

335 Bronte Road Lot 1 DP 85747 Local I270

Bronte Victorian style semi detached residences

345-347 Bronte Road

Lot 1 & 2 DP 101431 Local I271





Bronte Late Victorian villa 369 Bronte Road Lot 3 DP 915977 Local I274

Bronte 1920's style house 402 Bronte Road Lot 7 DP 667506 Local I275

Bronte Single storey Victorian weatherboard house


Bronte Late Victorian villas 424 Bronte Road Lot 2 DP 815026 Local I277

Bronte Mid-Victorian house reflecting a Romantic and Picturesque interpretation of the medieval past

Bronte House

(470 Bronte Road)

Lot 1 DP 123571, Lot 8 DP 15134

State I278

Bronte Inter-War style 473 Bronte Road (Bogey Hole Café)


Bronte Recreational facility Bronte Ocean Pool

Bronte Swimming Pool PO 70/58

Local I280

Bronte Inter-War style dual occupancy development

21 Brown Street Lot A DP 371579 Local I281

Bronte Inter-War style dual occupancy development

23 Brown Street Lot B DP 371579 Local I282

Bronte Federation cottage 30 Brown Street Lot 2 DP 5069 Local I283

Bronte Federation Queen Anne style bungalow

32 Brown Street Lot 12 DP 251513 Local I284

Bronte Late nineteenth century stone pair

15-17 Busby Parade

Lot 1 DP 78797; Lot 27 DP 1087205

Local I285

Bronte Late Victorian, terraced pair

10-12 Chesterfield Parade

Lot H & K DP 107251 Local I286

Bronte Later style Bungalow

16 Chesterfield Parade


Bronte Victorian style terrace pair

27-29 Chesterfield Parade


Bronte Inter-War Bungalow 30 Chesterfield Parade


Bronte Federation style house

3 Cross Street Lot 1 DP 938438 Local I290

Bronte Individual Inter War house

7 Darling Street Lot 30 DP 666575, Lot 31 DP 316843

Local I291

Bronte 1930's, Modern style Bungalow

9 Darling Street Lot 30 DP 666574 Local I292

Bronte Late Victorian style mansion

19 Evans Street Lot 1 DP 401531 Local I293

Bronte Victorian style villa 26 Evans Street Lot 1 DP 199328 Local I294

Bronte Victorian style cottage
















Bronte Late Victorian house 44 Evans Street Lot 6 DP 3078 Local I303

Bronte Post-Bungalow style house

37 Gardyne Street Lot B DP 305465 Local I304


67 Gardyne Street Lot 14 & 15 Sec2 DP 2806 Local I305


73 Gardyne Street Lot 20 DP 2806, CP SP 44034 Local I306

Bronte Federation style bungalow

75 Gardyne Street Lot 22 Sec 2 DP 2806, Lot 23 Sec 2 DP 2806

Local I307


27 Gibson Street Lot 1 DP 100682 Local I308


2 Gipps Street Lot 1 DP 4176 Local I309

Bronte Federation style houses

8-14 Gipps Street Lot 1, 2 & 3 DP 308188; Lot 1 DP 308187

Local I310

Bronte Public school building of the 1920's

Bronte Public School



99 Hewlett Street Pt Lot 1 DP 311365, Lot 2 DP 311365, CP SP 12545

Local I312

Bronte Victorian Academic Gothic style, Lugar Brae Church

Leichhardt Street Lot 1 DP 618709 Local I313

Bronte Federation house 4 Leichhardt Street

Lot 1A DP 17160, Lot 1 DP 152399

Local I314

Bronte Federation Queen Anne style semi detached residences

14-16 Leichhardt Street

Lot A DP 159665v & Lot B DP 159665

Local I315

Bronte Federation Free style mixed development

22 Leichhardt Street


Bronte Late Victorian cottage

3 Lugar Street Lot 3 Sec2 DP 975342 Local I317

Bronte Federation semi-detached houses

18-20 Lugar Street

Lot 1 & 2 DP 503003 Local I318

Bronte Federation Free style mixed development

48 Macpherson Street


Bronte 1920's style flat building

50-54 Macpherson Street

Pt Lot 7 DP 63251 Local I320

Bronte Inter-war Classical Revival style car repair shop



Bronte Late Victorian house 90 Macpherson Street


Bronte Inter War Classical Revival style mixed development

118-118a Macpherson Street


Bronte Victorian Classical mixed development


Lot 27 DP 1066833 Local I324

Bronte Inter-War Free Classical style mixed development


Lot 1 DP 549672, Lot 2 DP 549672

Local I325

Bronte Inter-War Mediterranean and Art Deco style

145a-e Macpherson Street


mixed development

Bronte Federation Bungalow style semi-detached residences

3 Marroo Street Lot A DP 437366 Local I327

Bronte Federation semi-detached house

5 Marroo Street Lot B DP 437366 Local I328


1 Palmerston Avenue

Lot 10 DP19554, CP SP 31810 Local I330


3 Palmerston Avenue



5 Palmerston Avenue



6 Palmerston Avenue

Lot 39 DP 19554, CP SP 32220

Local I333


7 Palmerston Avenue



8 Palmerston Avenue



9 Palmerston Avenue



10 Palmerston Avenue










Pt Lot 1 DP 19554, Pt Lot B DP 354091, Cp SP 22244

Local I340



Pt Lot 1 DP 19554, CP SP 31705

Local I341

Bronte Early twentieth century timber cottage

3 Read Street Lot 37 DP 2483 Local I342

Bronte Two gothic derived styling, rusticated stone buildings within Waverley

44A St Thomas Street


Cemetery.

Bronte Federation house 19 St Thomas Street

Lot 19 DP 975932, Lot 20 DP 975932

Local I344

Bronte Late Victorian terrace design

36 St Thomas Street


Bronte Late nineteenth century traditional Georgian, timber home

61 St Thomas Street


Bronte Inter-War California Bungalow

9 Tipper Avenue Lot 26 DP 977743 Local I347

Bronte Late Federation Queen Anne / Inter-War Californian Bungalow

10 Tipper Avenue Lot 1 DP 998029 Local I348


2 Yanko Avenue Lot 1 DP 954161 Local I349






9 Yanko Avenue Lot A DP 310320 Local I352


17 Yanko Avenue, Bronte


Bronte Federation style terrace house



22 Yanko Avenue Lot B DP 306082 Local I355

Bronte Late Federation Arts and Crafts style residence


Bronte Inter War Bungalow Styles

33 Yanko Avenue Lot M DP 9910 Local I357

Bronte Sandstone outbuilding, former stables

34a Yanko Avenue


Bronte ‘Mandalay’ Federation Bungalow style residence

35 Yanko Avenue Lot L DP 9910 Local I359

Bronte Sandstone backyard garden wall

40 Yanko Avenue Lot W DP 9910 Local I360


41 Yanko Avenue Lot E DP 9910 Local I361


42 Yanko Avenue Lot X DP 9910 Local I362



Bronte Federation Arts and Crafts style dwelling

44 Yanko Avenue Lot Y DP 9910 Local I364

Dover Heights

Inter-War Art Deco style

14 Aboukir Street Lot 7 DP 11810 Local I365

Dover Heights

Inter-War Functionalist style

10 Arthur Street Lot 15 SecE DP 4683 Local I366

Dover Heights

Inter-War Art Deco style bungalow

2 Lord Howe Street


Dover Heights

1930's Modern or Oceana style house

166 Military Road

Lot 88 DP 1119543 Local I368

Dover Heights

Former fire command post and fortress observation post

2 Rodney Street Lot 12 DP 869200 Local I369

Dover Heights

1950's style houses 32-34 Wallangra Road

Lot 66 & 67 DP 11822 Local I370

North Bondi

Bondi Ocean Outfall Sewer (BOOS)

Blair Street State I371

North Bondi


36 Blair Street Lot 3 DP 6502 Local I372

North Bondi

Inter-War Georgian Revival style residential flat building

38 Blair Street Lot A DP 331432 Local I373

North Bondi

1940’s Spanish Mission style flat building

40 Blair Street Pt Lot 4 DP 6502, CP SP 12740

Local I374

North Bondi

Inter-War Romanesque style church, Galilee Primary School, St Anne’s Catholic Church-Presbytery

Blair Street Lot 1 DP 317699 State I375

North Bondi

1930's style, brick religious building, St Anne’s Convent of Mercy

60 Blair Street

Lot 60 DP 15776, Lot 61 DP 15776, Lot 62 DP 15776, Lot 58, 59 DP 15776

Local I376

Bondi Beach


92-96 Brighton Boulevard

Lot 1 Sec 7 Local I377

North Bondi

Early twentieth century stone commercial building

144 Brighton Boulevarde

Lot 24 Sec7 DP 786 Local I378

North Bondi

1940's style symmetrical semi

15-15A Clyde Street

Lot 1 & 2 DP 514383 Local I379

Bondi 1930’s styled 73 Glenayr Lot 1 DP 579683 Local I380

Beach Bungalow Avenue

Bondi Beach

1930’s styled Bungalow

75 Glenayr Avenue


Bondi Beach

1940's corner building

88-90 Glenayr Avenue


Bondi Beach


6 Hastings Parade Lot 6 DP 15159, CP SP 31970 Local I383

Bondi Beach


8 Hastings Parade Lot 25 DP 15159, CP SP 16173

Local I384

North Bondi

Inter-War Art Deco / International style flat building

1 Mitchell Street Lot 1 DP 726416 Local I385

North Bondi

Inter-War Spanish Mission style residence


North Bondi

Inter-War Spanish Mission style residence


North Bondi

1930's corner house 52 Murriverie Road


North Bondi


Substation 345, Murriverie Road

Lot A DP 184825, Lot B DP 184825

Local I389

North Bondi

Inter-War Bungalow style Quarry Master’s cottage

118 Murriverie Road

Lot 24 Sec A DP 5491 Local I390

North Bondi

Inter-War Stripped Classical flat building

119 O’Donnell Street


North Bondi

Bungalow style semi 6-8 Vicars Avenue


North Bondi


Lot X & Y DP 443846 Local I393

North Bondi


Lot 1 7 2 DP 575871 Local I394

North Bondi

1930's style, brick chapel, Chapel by the Sea

40 Warners Avenue


Queens Park

Federation semi-detached

16-18 Alt Street Lot 1 & 2 DP 208994 Local I396

Queens Park

Late Federation style 55 Alt Street Lot 24 DP 1083466 Local I397

Queens Park

Federation bungalow

63 Alt Street Lot 1 DP 449116, Lot 19 DP 455913

Local I398

Queens Park


3 Ashton Street Lot 2 DP 630968 Local I399

Queens Park


16-18 Ashton Street

Lot 1 & 2 DP 222861 Local I400

Queens Park

Late Federation bungalow

34 Ashton Street Lot 21 DP 666622 Local I401

Queens Park



Lot 5 & 6 DP 706513 Local I402

Queens Park

Early worker's cottage


Queens Park

Early stone house 93 Birrell Street Lot A DP 437935 Local I404

Queens Park

Early workers' houses


Lot B & C DP 437935 Local I405

Queens Park

Late eighteenth century stone houses

1 Blenheim Street Lot 4950 DP 1108997 Local I406

Queens Park

Early weatherboard cottages traditional Georgian form

3 Blenheim Street Lot 1 DP 779179 Local I407

Queens Park

Early stone terraced pair

9-11 Blenheim Street

Lot 1 & 2 DP 234217 Local I408

Queens Park

Late nineteenth century weatherboard cottage

35 Blenheim Street


Queens Park

1930's style house 45 Bourke Street Lot D DP 14435 Local I410

Queens Park

Late Victorian commercial pair

189-199 Bronte Road

Lot 1, 2, 3 & 4 DP 503965 Local I411

Queens Park

Inter-War, Art Deco style hotel, Charing Cross Hotel

81-85 Carrington Road


Queens Park

Victorian terrace style house

105 Carrington Road


Queens Park

Victorian workers' cottages


Lot 1 DP 792089; Lot 32 DP 1090796

Local I414

Queens Park

Victorian / Georgian style timber cottages

129 Carrington Road


Queens Park

Federation / Edwardian terraced pair

164-166 Denison Street

Lot 1 & 2 DP 593155 Local I416

Queens Park

Federation Bungalow

192 Denison Street


Queens Park

Victorian / Georgian style semi detached residences

17-19 Edmund Street

Lot 8 DP 850224; Lot 1 DP 1015503

Local I418

Queens Park

Victorian / Georgian style cottage

24 Edmund Street Lot 23 Sec 1 DP 193323 Local I419

Queens Park

Victorian Georgian style sandstone cottage

27 Edmund Street Lot 28 Sec 2 DP 193323 Local I420

Queens Park

Late nineteenth century stone terrace

1-2 Fitzgerald Lane

Lot 1 DP 195283; Lot 1 DP 770776

Local I421

Queens Park

Sandstone Wall 2a Fitzgerald Lane (known as 2a Fitzgerald Street)

Pt Lot 42 Sec 1 DP 977228, Pt Lot 41 Sec 1 DP 977228

Local I422

Queens Park

Victorian Italianate style semi detached dwelling

2-4 Fitzgerald Street

Lot 40 DP 1089205; Lot 1 DP 735864

Local I423

Queens Park

Victorian Italianate style semi detached dwelling

6-8 Fitzgerald Street

Lot 1 DP 216938; Lot 2 DP 216938

Local I424

Queens Park

Federation brick cottage

12 Henry Street Lot 14 DP 67658 Local I425

Queens Park

Federation style traditional weatherboard cottage

12 Isabella Street Lot 13 DP 4134 Local I426

Queens Park

Early workers cottages

23-31 Isabella Street

Lot 2 DP 74551; Lot 2 DP 151184; Lot A & Lot B DP 444461; Lot B DP 335841

Local I427

Queens Park

Former Tram Shed York Road Local I428

Queens Park

Old stone building 11 Victoria Street Lot A DP 947094 State I429

Queens Park

Inter-War Bungalows

1-7 Yenda Avenue

Lot 15, 16, 17 & 18 DP 13797 Local I430

Queens Park

Inter-War Bungalows

2-12 Yenda Avenue

Lot 1 & 2 DP 1027880; Lot 19, 20, 21 & 22 DP 13797

Local I431

Queens Park

Federation house 41 York Road Lot 7 Sec9 DP 4600 Local I432

Queens Park

Inter-War house 55 York Road Lot 14 Sec9 DP 4600 Local I433

Queens Park

Federation Queen Anne style Bungalow

63 York Road Lot 18 Sec 9 DP 4600 Local I434

Rose Bay Twentieth century bungalow

32 Chaleyer Street


Rose Bay Late Victorian style terrace

22 Roberts Street Lot 17 Sec2 DP 975146 Local I436

Tamarama 1950's style house 4 Thompson Street


Vaucluse 1950's house 7 Ethel Street Lot B DP 154575 Local I438

Vaucluse Georgian style stone house

23 Macdonald Street


Vaucluse 1950's house in red texture brick

24 Macdonald Street (known as 14 Marne Street)


Vaucluse 1930's style Bungalow

313 Military Road


Waverley Late nineteenth century commercial / residential terraces

3-13 Albion Street

Lot 2, 3 & 5 DP 116719; Lot 4 DP 734108; Lot A & B DP 447114

Local I442

Waverley Late nineteenth century commercial / residential terraces

15-31 Albion Street

Lot 1 DP 1015934; Lot 1 DP 87565; Lot 1 & 2 DP 505278; Lot A & B, DP 435662; Lot 1, 2 & 3 DP 435468

Local I443

Waverley Georgian style stone building, St Johns

St Catherine’s Girls School

26 Albion Street Lot 1 DP 76210, Lot 1 DP 80046, Lot PT560 DP 752011, Lot C DP 318719

Local I444

Waverley Individually styled 1940's house

55 Albion Street Lot 1 DP 774845, CP SP 12263

Local I445

Bronte Victorian Italianate villa

4a Arden Street Lot 2 DP 129306 Local I446


4 Arden Street Lot 1 DP 129306 Local I447


10a Arden Street Lot 1 DP 129299 Local I448

Waverley War Memorial Hospital, Late Victorian buildings and former stables

125 Birrell Street Lot 2 DP 1061588, Lot 1 DP 567694, Lot 7 DP 948185, Lot B DP 317831, Lot 1 DP 172133, Lot 2 DP 1061548, Lot 3 DP 667555, Lot 1 DP 1061548, Lot 1 DP 948186

Local I449

Waverley Federation style classroom building, Waverley College

141-149 Birrell Street (also known as 14 Carrington Road)

Lot 1 DP 947626; Lot 1 DP 806275; Lot 1 DP 81870; Lot 1, 2 & 3 73603; Lot 1 DP 664692; Lot 1 DP 448248; Lot 1 DP 940182; Lot 1 DP 942089; Lot 1 DP 942047; Lot 1 DP 972928; Lot 6 DP 940481

Local I450

Waverley Post War Modernist style Waverley Bowling Club

163 Birrell Street Pt Lot 301 DP 752011, Pt Lot 2 DP 218722, Lot 1 DP 966387

Local I451

Waverley Victorian / Federation cottages

166-170 Bronte Road

Lot A, B & C DP 443715 Local I452

Waverley 1940's style commercial building, Robin Hood Hotel

203-209 Bronte Road

Lot 1 DP 655918, Lot A DP 105665, Lot 1 DP 59526

Local I453

Waverley Inter-War Free Classical public building


Waverley Late nineteenth century commercial terraces

245-277 Bronte Road

Lot 1, 2, 3 & 4 DP 436287; Lot 51, 52 & 53 DP 596369; Lot 54 & 55 DP 599974; Lot 10 DP 436287; Lot A, B & C DP 437806; Lot 1 DP 715870; Lot 1 DP 781198; Lot 1 DP 711507; Lot 1 DP 634441

Local I455

Waverley Victorian style commercial terrace houses


Waverley Late Victorian villa 348 Bronte Road Lot 1 DP 1108093 Local I457

Waverley Victorian style residence

350 Bronte Road Lot 13 DP 136332, Lot 12 DP 136332

Local I458

Waverley Inter-War California Bungalow

352 Bronte Road Lot 1 DP13117 Local I459







Waverley 1920's Inter-War Bungalow

2 Campbell Street Lot 1 DP 10844 Local I463

Waverley Pair of early cottages

2-4 Carlton Street Lot 1 & 2 DP 959777 Local I464

Waverley Federation house 4 Carrington Road


Waverley Victorian Mansion ‘The Grange’



Waverley Federation house 36-38 Carrington Road


Waverley Early twentieth century, ecclesiastical style building, St Clare’s Convent


Lot A & B DP 80515; Lot A DP 88528, Lot 1 DP 88596

Local I468

Waverley 1920’s Inter-War Bungalow

50 Carrington Road


Waverley Early twentieth century, ecclesiastical style building, St Charles School

63 Carrington Road

Lot 11 DP 1043474 Local I470

Waverley Late Federation style design

150 Carrington Road


Waverley Victorian / 1-3 Church Street Lot 1 DP 433964; Lot A DP Local I472

Edwardian style terraced pair

430111

Waverley Federation style semis

2-8 Church Street Lot 1 & 2 DP 630460; Lot 1 DP 167332; Lot 1, 2 & 3 DP 1098550

Local I473

Waverley Federation cottage 4 Gibson Street Lot 26 DP 4176 Local I474

Waverley Federation cottage 8 Gibson Street Lot 28 DP 4176 Local I475

Waverley Late Victorian villa (Froebal House, Macquarie Institute), Waverley College Junior School

42-64 Henrietta Street


Waverley Victorian style terrace

107 Henrietta Street


Waverley Victorian style dwelling



Waverley Victorian style villa 111 Henrietta Street

Lot 9 DP 738, Lot 8 DP 738 Local I479

Waverley Victorian Italianate style villa









Waverley Early stone terrace 4-22 High Street Lot 1 DP 437066; Lot 2, 3, 4, 5 & 7 DP 108166; Lot 6 & 9 DP 818; Lot 8 DP 168137; Lot 2 DP 437773

Local I483


1 Kent Street Lot 2 DP 168406 Local I484

Waverley Late nineteenth century house

21 Kent Street Lot 11 DP 176332 Local I485

Waverley Late Victorian mansion

1 Leichhardt Street

Lot C DP 318719 Local I486

Waverley Late Victorian Italianate style house

5 Leichhardt Street


Waverley Inter-War Free Classical style flat building

13-15 Leichhardt Street


Waverley Federation house 19 Leichhardt Street


Waverley Late Victorian house 3 Macpherson Street

Lot 1 DP 1000325, CP SP 60070

Local I490

Waverley Late eighteenth century houses


Lot 1 DP 837770; Lot 1, 2 & 3 DP 222202

Local I491

Waverley 1940's residential /

commercial building



Waverley Victorian stone terrace

5-11 Prospect Street

Lot C DP 304647, Lot 1 & 2 DP 1091220; Lot A DP 175826; Lot 1 & 2 DP 702361;

Local I493

Waverley Late nineteenth century stone church, Graham Memorial Church

28-30 Victoria Street


Waverley Large cathedral with Classical Revival façade to lower part of building, Mary Immaculate Church

45-47 Victoria Street/282A Bronte Road

Pt Lot 1 DP 774158; Lot 2 DP 774158

State I495

Waverley Late Victorian villa 74 Victoria Street Lot 2 DP 857358 Local I496

Waverley Late Victorian house 76 Victoria Street Lot 1 DP 975149 Local I497

Waverley Victorian Filigree style semi detached residences

33-35 Wiley Street


Waverley Late Victorian house 44 Wiley Street Lot 1 DP 449818 Local I499

Bondi House and Remnant

Federation Garden 225 Old South Head Road

Lot 1 DP 738524, Lot 1 DP 934617

Local I500

Bondi Bondi Public School – School Grounds

3 Wellington Street


Bondi Scarba Home & Remnant Garden



Bondi Beach

Bondi Beach Public School

Warners Avenue Lot 1 DP 814720 Local I503

Bondi Beach

Bondi Beach & Park Campbell Parade Local I503

Bondi Beach

Curved street with retaining wall

120 Francis Street Lot 4 DP 14694 Local I504

Bondi Junction

St Mary’s Anglican Church and Grounds


Bondi Junction

Norfolk Pine – Landscape

2 Nelson Street SP 34942 Local I506

Bondi Junction

Front Fence & Garden, “Westgate House” – Landscape


Lot 100, DP 627976; SP 19245

Local I507

Bronte Bronte House 470 Bronte Road Lot 1 DP 123571, Lot 8 DP 15134

State I508

Bronte Item 327-331 Bronte Road


Local I509

Bronte Moreton Bay Fig tree

28 Brown Street Lot 13 DP 251513 Local I510

Bronte Palm Trees 26 Cross Street Lot A DP 174231 Local I511 Bronte Ellsmore and

Remnant Victorian Garden


Bronte Norfolk Island Pine Tree

9 Inverness Street (in nature strip)

Local I513

Bronte Bronte Public Murray Street Lot 1 DP 801461 Local I514

School

Bronte Granite Horse Troughs

St Thomas Street (outside Waverley Cemetery)

Local I515

Queens Park

House and Gardens 1-3 Ashton Street Lot 1 & 2 DP 630968 Local I516

Queens Park

Garden and Fence 45 York Road Lot 9 Sec9 DP 4600 Local I517

Waverley Waverley Collage and Grounds

Birrell, Henrietta and Salisbury Streets

Lot 1 DP 947626; Lot 1 DP 806275; Lot 1 DP 81870; Lot 1, 2 & 3 73603; Lot 1 DP 664692; Lot B DP 314938; Lot 1 DP 448248; Lot 1 DP 940182; Lot 1 DP 942089; Lot 1 DP 942047; Lot 1 DP 972928; Lot 6 DP 940481

Local I518

Waverley War Memorial Hospital Grounds

Birrell and Church Street and Carrington Road

Lot 2 DP 1061588, Lot 1 DP 567694, Lot 7 DP 948185, Lot B DP 317831, Lot 1 DP 172133, Lot 2 DP 1061548, Lot 3 DP 667555, Lot 1 DP 1061548, Lot 1 DP 948186

State I519

Waverley Cultural Planting and ‘The Jungle’

42-64 Henrietta Street


Waverley St Catherine’s School and Grounds

Macpherson Street

Lot 1 DP 76210, Lot 1 DP 80046, Lot PT560 DP 752011, Lot C DP 318719

Local I521

Part 2 Heritage conservation areas Column 1 Column 2 Column 3

Description Identification on Heritage Map

Significance

Blenheim Street Conservation Area - General C1 Local

Bondi Beach Conservation Area - General C2 Local

Botany Street Conservation Area - General C3 Local

Brighton Boulevard Conservation Area - General (corner of Hastings Parade and Gould Street)

C4 Local

Brown Street Conservation Area - General C5 Local

Busby Parade Conservation Area - General C6 Local

Charing Cross Conservation Area - General C7 Local

Collingwood Street Conservation Area - General C8 Local

Evans Street Conservation Area - General C9 Local

Grafton Street Conservation Area - General C10 Local

Imperial Avenue Conservation Area - General C11 Local

Mill Hill Conservation Area - General C12 Local

Palmerston Avenue Conservation Area - General C13 Local

Queens Park Conservation Area - General C14 Local

Watkins Street Conservation Area - General C15 Local

Woodstock Street Conservation Area - General C16 Local

Yenda Avenue Conservation Area - General C17 Local Alt Street Landscape Conservation Area C18 Local

Arnold Street Landscape Conservation Area C19 Local

Avoca Street Landscape Conservation Area C20 Local

Ben Buckler (Ray O’Keefe) Reserve Landscape Conservation Area

C21 Local

Birrell Street Landscape Conservation Area C22 Local

Blair Street Landscape Conservation Area C23 Local

Blenheim Street/Bronte Road Landscape Conservation Area

C24 Local

Bondi Beach and Park Landscape Conservation Area C25 Local

Bondi Road (between Paul and Flood Streets) Landscape Conservation Area

C26 Local

Brisbane Street Landscape Conservation Area C27 Local

Brisbane Street (Nos. 18-34) Landscape Conservation Area

C28 Local

Bronte Beach and Park Landscape Conservation Area C29 Local

Bronte Road Landscape Conservation Area C30 Local

Caffyn Park Landscape Conservation Area C31 Local

Calga Avenue Landscape Conservation Area C32 Local

Centennial Park Landscape Conservation Area C33 State

Chesterfield Parade Landscape Conservation Area C34 Local

Clemenston Park Landscape Conservation Area C35 Local

Clovelly Public School – School Grounds Landscape Conservation Area

C36 Local

Coastal Sandstone Escarpment Landscape Conservation Area

C37 Local

Cuthbert Street Landscape Conservation Area C38 Local

Dickson Park Landscape Conservation Area C39 Local

Eastern Suburbs Banksia Scrub Landscape Conservation Area

C40 Local

Fingelton Reserve Landscape Conservation Area C41 Local

Flood Street Landscape Conservation Area C42 Local

Francis Street Landscape Conservation Area C43 Local

Gaerloch Reserve Landscape Conservation Area C44 Local

Gardyne Street Landscape Conservation Area C45 Local

Grafton Street Landscape Conservation Area C46 Local

Hewlett Street Landscape Conservation Area C47 Local

Hunter and Marks Park Landscape Conservation Area C48 Local

Llandaff Street Landscape Conservation Area C49 Local

Macpherson Park Landscape Conservation Area C50 Local

Macpherson Street (east end) Landscape Conservation Area

C51 Local

Manning Street Landscape Conservation Area C52 Local

Newland Street (between Birrell Street and Queens Park Road) Landscape Conservation Area

C53 Local

Oceanview Avenue (east of Military Road) Landscape Conservation Area

C54 Local

Queens Park Landscape Conservation Area C55 Local

Rawson Street Landscape Conservation Area C56 Local

Remnant Bushland Landscape Conservation Area C57 Local

Simpson Park Landscape Conservation Area C58 Local

South Bronte Headland Landscape Conservation Area C59 Local

South Head Cemetery Landscape Conservation Area C60 Local

Tamarama Beach, Park and Marine Drive Landscape Conservation Area

C61 Local

Tamarama Park Landscape Conservation Area C62 Local

Thomas Hogan Reserve and Bird Sanctuary (Formerly Glen-Roona Reserve) Landscape Conservation Area

C63 Local

Varna Reserve Landscape Conservation Area C64 Local

Warners Avenue Landscape Conservation Area C65 Local

Waverley Cemetery Landscape Conservation Area C66 Local

Waverley Park Landscape Conservation Area C67 Local

Wiley Street Landscape Conservation Area C68 Local

William Reserve, North Bondi Golf Course Landscape Conservation Area

C69 Local

York Road Landscape Conservation Area C70 Local

Mill Hill Road C75 Local

Part 3 – Archaeological Sites

Column 1 Column 2 Column 3 Column 4 Column 5 Column

6 Suburb Item name Address Property description Significance Heritage

Item Bondi Murriverie Quarry Bondi Golf

Course Lot 1 DP 916095, Lot 2 DP 916095, Lot 7056 DP 93856

Local A522

Bondi Murriverie Road Murriverie Road Local A523

Bondi Beach

Natural Drain Hunter Park Lot 25 DP 752011, Lot 713 DP 752011, Lot 714 DP 752011, Lot 715 DP 752011

Local A524

Bondi Beach

Lookout Marks Park Lot 23 DP 752011, Lot 24 DP 752011, Lot 7025 DP 93864

Local A525

Bondi Beach

Bondi Baths Notts Avenue Lot 1556 DP 822245 Local A526

Bondi Junction

Early industrial archaeological potential

47-49 Oxford Street

Lot 1 DP 626974 Local A527

Bondi Junction

Ben Eden 6 Paul Street Lot 6 DP 839076, CP SP 48053

Local A528

Bondi Junction

Waverley Reservoir No. 1

Waverley Park Lot 1 DP 84615, Lot 1 DP 547312

State A529

Bondi Junction

Waverley Reservoir No. 2

Waverley Park Lot 1 DP 84615, Lot 1 DP 547312

State A530

Bondi Junction

Gregory Memorial Fountain

Waverley Park, Cricket Oval

Lot 31 DP 1087364 Local A531

Dover Heights

CSIRO Astronomical Instrument Base

Rodney Reserve Lot 1 DP 846863; Lot 1 DP 450337

Local A532

North Bondi

Item 144 Brighton Boulevarde

Lot 24 Sec 7 DP 786 Local A533

North Bondi

Rock-Cut Stairway Military Road (leading to Bamford Reserve)

Local A534

North Bondi

Ben Buckler Battery site

Ben Buckler Lot 1629/75011 State A535

North Bondi

Quarry 56 Military Road Lot 4 DP 11755, CP SP 5954 Local A536

North Bondi

Aboriginal Rock Carvings (Murriverie)

Williams Reserve / Bondi Golf Course


Local A537

North Bondi

SOOS Bakery 445 Old South Head Road

Lot 1 DP 857668 Local A538

North Bondi

Sewerage Stack Water Reserve Local A539

North Bondi

European Rock Carvings

Williams Reserve / Bondi Golf Course


Local A540

Queens Park

Stone houses


Lot 1 DP 510389; Lot 1 DP 105423, Lot 1 DP 955429

Local A541

Queens Park

Stone houses 1 Blenheim Street Lot 4950 DP 1108997 Local A542

Queens Park

Item 9-11 & 13 Blenheim Street

Lot 1 & 2 DP 234217; Lot 4 DP 4134

Local A543

Queens Park

Cottages 23-31 Isabella Street

Lot 2 DP 74551; Lot 2 DP 151184; Lot A DP 444461; Lot B DP 444461; Lot B DP 335841

Local A544

Queens Park

Pre-School Learning Centre, stone house

11 Victoria Street Lot A DP 947094 State A545

Tamarama Aboriginal Carvings Marks Park (south Lot 23 DP 752011, Lot 24 DP Local A546

of Mackenzie’s Point)

752011, Lot 7025 DP 93864

Tamarama Site of Wonderland and Aquarium

Tamarama Gully Local A547

Waverley Wooden Cottages 3-4 Judges Lane Lot A DP 343469; Lot B DP 85020

Local A548

Waverley Glenrock Terrace 4-22 High Street Lot 1 DP 437066; Lot 2, 3, 4, 5 & 7 DP 108166; Lot 6 & 9 DP 818; Lot 8 DP 168137; Lot 2 DP 437773

Local A549

Queens Park

Shelter with Art Queens Park Reserve

AHIMS# 45-6-0675 Local A550

North Bondi

Rock Engraving Hugh Bamford Reserve


North Bondi

Rock Engraving Bondi Golf Links AHIMS# 45-6-0719 Local A552

North Bondi

Rock Engraving Ben Buckler AHIMS# 45-6-0720 Local A553

Bondi Rock Engraving Mackenzie’s Point


Vaucluse Rock Engraving Diamond Bay AHIMS# 45-6-1515 Local A555

Tamarama Shelter with Midden Tamarama Beach Cave


Bondi Shelter with Midden South Bondi Cave AHIMS# 45-6-2060 Local A557

Bondi Beach

Open Campsite and Burial(s)

Bondi Beach AHIMS# 45-6-2169 Local A558

Dover Heights

Shelter with Potential Archaeological Deposit

Dover Heights PAD


Queens Park

Shelter(s) with Archaeological Deposit

Queens Park PAD(s)


Dictionary

(Clause 1.4)

Aboriginal object means any deposit, object or other material evidence (not being a handicraft made for sale) relating to the Aboriginal habitation of an area of New South Wales, being habitation before or concurrent with (or both) the occupation of that area by persons of non-Aboriginal extraction, and includes Aboriginal remains.

Aboriginal place of heritage significance means an area of land, the general location of which is identified in an Aboriginal heritage study adopted by the Council after public exhibition and that may be shown on the sheet of the Heritage Map marked “Aboriginal Heritage Map”, that is:

(a) the site of one or more Aboriginal objects or a place that has the physical remains of pre-European occupation by, or is of contemporary significance to, the Aboriginal people. It may (but need not) include items and remnants of the occupation of the land by Aboriginal people, such as burial places, engraving sites, rock art, midden deposits, scarred and sacred trees and sharpening grooves, or

(b) a natural Aboriginal sacred site or other sacred feature. It includes natural features such as creeks or mountains of long-standing cultural significance, as well as initiation, ceremonial or story places or areas of more contemporary cultural significance.

Note. The term may include (but is not limited to) places that are declared under section 84 of the National Parks and Wildlife Act 1974 to be Aboriginal places for the purposes of that Act.

acid sulfate soils means naturally occurring sediments and soils containing iron sulfides (principally pyrite) or their precursors or oxidation products, whose exposure to oxygen leads to the generation of sulfuric acid (for example, by drainage or excavation).

Acid Sulfate Soils Manual means the manual by that name published by the Acid Sulfate Soils Management Advisory Committee and made publicly available.

advertisement has the same meaning as in the Act. Note. The term is defined as a sign, notice, device or representation in the nature of an advertisement

visible from any public place or public reserve or from any navigable water.

advertising structure has the same meaning as in the Act. Note. The term is defined as a structure used or to be used principally for the display of an advertisement.

Advertising structures are a type of signage —see the definition of that term in this Dictionary.

affordable housing has the same meaning as in the Act. Note. The term is defined as housing for very low income households, low income households or

moderate income households, being such households as are prescribed by the regulations or as are provided for in an environmental planning instrument.

agricultural produce industry means a building or place used for the handling, treating, processing or packing, for commercial purposes, of produce from agriculture (including dairy products, seeds, fruit, vegetables or other plant material), and includes wineries, flour mills, cotton seed oil plants, cotton gins, feed mills, cheese and butter factories, and juicing or canning plants, but does not include a livestock processing industry.

Note. Agricultural produce industries are a type of rural industry —see the definition of that term in this Dictionary.

agriculture means any of the following:

(a) aquaculture,

(b) extensive agriculture,

(c) intensive livestock agriculture,

(d) intensive plant agriculture.

Note. Part 6 of the Plantations and Reafforestation Act 1999 provides that exempt farm forestry within the meaning of that Act is not subject to the Environmental Planning and Assessment Act 1979.

air transport facility means an airport or a heliport that is not part of an airport, and includes associated communication and air traffic control facilities or structures.

airport means a place that is used for the landing, taking off, parking, maintenance or repair of aeroplanes, and includes associated buildings, installations, facilities and movement areas and any heliport that is part of the airport.

Note. Airports are a type of air transport facility —see the definition of that term in this Dictionary.

airstrip means a single runway for the landing, taking off or parking of aeroplanes for private aviation only, but does not include an airport, heliport or helipad.

amusement centre means a building or place (not being part of a pub or registered club) used principally for playing:

(a) billiards, pool or other like games, or

(b) electronic or mechanical amusement devices, such as pinball machines, computer or video games and the like.

animal boarding or training establishment means a building or place used for the breeding, boarding, training, keeping or caring of animals for commercial purposes (other than for the agistment of horses), and includes any associated riding school or ancillary veterinary hospital.

aquaculture has the same meaning as in the Fisheries Management Act 1994. Note. Aquaculture is a type of agriculture —see the definition of that term in this Dictionary.

archaeological site means a place that contains one or more relics.

attached dwelling means a building containing 3 or more dwellings, where:

(a) each dwelling is attached to another dwelling by a common wall, and

(b) each of the dwellings is on its own lot of land, and

(c) none of the dwellings is located above any part of another dwelling. Note. Attached dwellings are a type of residential accommodation—see the definition of that term in

this Dictionary.

attic means any habitable space, but not a separate dwelling, contained wholly within a roof above the ceiling line of the storey immediately below, except for minor elements such as dormer windows and the like.

backpackers’ accommodation means a building or place that:

(a) provides temporary or short-term accommodation on a commercial basis, and

(b) has shared facilities, such as a communal bathroom, kitchen or laundry, and

(c) provides accommodation on a bed or dormitory-style basis (rather than by room). Note. Backpackers’ accommodation is a type of tourist and visitor accommodation—see the definition

of that term in this Dictionary.

basement means the space of a building where the floor level of that space is predominantly below ground level (existing) and where the floor level of the storey immediately above is less than 1 metre above ground level (existing).

bed and breakfast accommodation means an existing dwelling in which temporary or short-term accommodation is provided on a commercial basis by the permanent residents of the dwelling and where:

(a) meals are provided for guests only, and

(b) cooking facilities for the preparation of meals are not provided within guests’ rooms, and

(c) dormitory-style accommodation is not provided. Note. See clause 5.4 for controls relating to the number of bedrooms for bed and breakfast

accommodation.

Bed and breakfast accommodation is a type of tourist and visitor accommodation —see the definition of that term in this Dictionary.

bee keeping means a building or place used for the keeping and breeding of bees for commercial purposes.

Note. Bee keeping is a type of extensive agriculture —see the definition of that term in this Dictionary.

biodiversity means biological diversity.

biological diversity has the same meaning as in the Threatened Species Conservation Act 1995.

Note. The term is defined as follows:

biological diversity means the diversity of life and is made up of the following 3 components:

(a) genetic diversity—the variety of genes (or units of heredity) in any population,

(b) species diversity—the variety of species,

(c) ecosystem diversity—the variety of communities or ecosystems.

biosolids treatment facility means a building or place used as a facility for the treatment of biosolids from a sewage treatment plant or from a water recycling facility.

Note. Biosolids treatment facilities are a type of sewerage system —see the definition of that term in this Dictionary.

boarding house means a building that:

(a) is wholly or partly let in lodgings, and

(b) provides lodgers with a principal place of residence for 3 months or more, and

(c) may have shared facilities, such as a communal living room, bathroom, kitchen or laundry, and

(d) has rooms, some or all of which may have private kitchen and bathroom facilities, that accommodate one or more lodgers,

but does not include backpackers’ accommodation, a group home, hotel or motel accommodation, seniors housing or a serviced apartment.

Note. Boarding houses are a type of residential accommodation —see the definition of that term in this Dictionary.

boat building and repair facility means any facility (including a building or other structure) used primarily for the construction, maintenance or repair of boats, whether or not including the storage, sale or hire of boats, but does not include a marina or boat shed.

boat launching ramp means a structure designed primarily for the launching of trailer borne recreational vessels, and includes associated car parking facilities.

boat shed means a building or other structure used for the storage and routine maintenance of a boat or boats and that is associated with a private dwelling or non-profit organisation, and includes any skid used in connection with the building or other structure.

brothel has the same meaning as in the Act. Note. This definition is relevant to the definitions of home occupation (sex services) and sex services

premises in this Dictionary.

building has the same meaning as in the Act. Note. The term is defined to include part of a building and any structure or part of a structure, but not

including a manufactured home, a moveable dwelling or associated structure (or part of a manufactured home, moveable dwelling or associated structure).

building height (or height of building) means the vertical distance between ground level (existing) and the highest point of the building, including plant and lift overruns, but excluding communication devices, antennae, satellite dishes, masts, flagpoles, chimneys, flues and the like.

building identification sign means a sign that identifies or names a building and that may include the name of a building, the street name and number of a building, and a logo or other symbol but does not include general advertising of products, goods or services.

Note. Building identification signs are a type of signage —see the definition of that term in this Dictionary.

building line or setback means the horizontal distance between the property boundary or other stated boundary (measured at 90 degrees from the boundary) and:

(a) a building wall, or

(b) the outside face of any balcony, deck or the like, or

(c) the supporting posts of a carport or verandah roof,

whichever distance is the shortest.

bulky goods premises means a building or place the principal purpose of which is the sale, hire or display of bulky goods, being goods that are of such size or weight as to require:

(a) a large area for handling, display or storage, and

(b) direct vehicular access to the site of the building or place by members of the public for the purpose of loading or unloading such goods into or from their vehicles after purchase or hire,

and including goods such as floor and window supplies, furniture, household electrical goods, equestrian supplies and swimming pools, but does not include a building or place used for the sale of foodstuffs or clothing unless their sale is ancillary to the sale or hire or display of bulky goods.

Note. Bulky goods premises are a type of retail premises —see the definition of that term in this Dictionary.

bush fire hazard reduction work has the same meaning as in the Rural Fires Act 1997. Note. The term is defined as follows:

bush fire hazard reduction work means:

(a) the establishment or maintenance of fire breaks on land, and

(b) the controlled application of appropriate fire regimes or other means for the reduction or modification of available fuels within a predetermined area to mitigate against the spread of a bush fire,

but does not include construction of a track, trail or road.

bush fire prone land has the same meaning as in the Act. Note. The term is defined, in relation to an area, as land recorded for the time being as bush fire prone

land on a map for the area certified as referred to in section 146 (2) of the Act.

bush fire risk management plan means a plan prepared under Division 4 of Part 3 of the Rural Fires Act 1997 for the purpose referred to in section 54 of that Act.

business identification sign means a sign:

(a) that indicates:

(i) the name of the person or business, and

(ii) the nature of the business carried on by the person at the premises or place at which the sign is displayed, and

(b) that may include the address of the premises or place and a logo or other symbol that identifies the business,

but that does not contain any advertising relating to a person who does not carry on business at the premises or place.

Note. Business identification signs are a type of signage —see the definition of that term in this Dictionary.

business premises means a building or place at or on which:

(a) an occupation, profession or trade (other than an industry) is carried on for the provision of services directly to members of the public on a regular basis, or

(b) a service is provided directly to members of the public on a regular basis,

and includes a funeral home and, without limitation, premises such as banks, post offices, hairdressers, dry cleaners, travel agencies, internet access facilities, betting agencies and the like, but does not include an entertainment facility, home business, home occupation, home occupation (sex services), medical centre, restricted premises, sex services premises or veterinary hospital.

Note. Business premises are a type of commercial premises —see the definition of that term in this Dictionary.

camping ground means an area of land that has access to communal amenities and on which campervans or tents, annexes or other similar portable and lightweight temporary shelters are, or are to be, installed, erected or placed for short term use, but does not include a caravan park.

canal estate development means development that incorporates wholly or in part a constructed canal, or other waterway or waterbody, that is inundated by or drains to a natural waterway or natural waterbody by surface water or groundwater movement (not being works of drainage, or for the supply or treatment of water, that are constructed by or with the authority of a person or body responsible for those functions and that are limited to the minimal reasonable size and capacity to meet a demonstrated need for the works), and that either:

(a) includes the construction of dwellings (which may include tourist and visitor accommodation) of a kind other than, or in addition to:

(i) dwellings that are permitted on rural land, and

(ii) dwellings that are used for caretaker or staff purposes, or

(b) requires the use of a sufficient depth of fill material to raise the level of all or part of that land on which the dwellings are (or are proposed to be) located in order to comply with requirements relating to residential development on flood prone land.

car park means a building or place primarily used for the purpose of parking motor vehicles, including any manoeuvring space and access thereto, whether operated for gain or not.

caravan park means land (including a camping ground) on which caravans (or caravans and other moveable dwellings) are, or are to be, installed or placed.

catchment action plan has the same meaning as in the Catchment Management Authorities Act 2003.

Note. The term is defined as a catchment action plan of an authority that has been approved by the Minister under Part 4 of the Catchment Management Authorities Act 2003.

cellar door premises means a building or place that is used to sell wine by retail and that is situated on land on which there is a commercial vineyard, and where most of the wine offered for sale is produced in a winery situated on that land or is produced predominantly from grapes grown in the surrounding area.

Note. Cellar door premises are a type of retail premises —see the definition of that term in this Dictionary.

cemetery means a building or place used primarily for the interment of deceased persons or pets or their ashes, whether or not it contains an associated building for conducting memorial services.

charter and tourism boating facility means any facility (including a building or other structure) used for charter boating or tourism boating purposes, being a facility that is used only by the operators of the facility and that has a direct structural connection between the foreshore and the waterway, but does not include a marina.

child care centre means a building or place used for the supervision and care of children that:

(a) provides long day care, pre-school care, occasional child care or out-of-school-hours care, and

(b) does not provide overnight accommodation for children other than those related to the owner or operator of the centre,

but does not include:

(c) a building or place used for home-based child care, or

(d) an out-of-home care service provided by an agency or organisation accredited by the Children’s Guardian, or

(e) a baby-sitting, playgroup or child-minding service that is organised informally by the parents of the children concerned, or

(f) a service provided for fewer than 5 children (disregarding any children who are related to the person providing the service) at the premises at which at least one of the children resides, being a service that is not advertised, or

(g) a regular child-minding service that is provided in connection with a recreational or commercial facility (such as a gymnasium), by or on behalf of the person conducting the facility, to care for children while the children’s parents are using the facility, or

(h) a service that is concerned primarily with the provision of:

(i) lessons or coaching in, or providing for participation in, a cultural, recreational, religious or sporting activity, or

(ii) private tutoring, or

(i) a school, or

(j) a service provided at exempt premises (within the meaning of Chapter 12 of the Children and Young Persons (Care and Protection) Act 1998), such as hospitals, but only if the service is established, registered or licensed as part of the institution operating on those premises.

classified road has the same meaning as in the Roads Act 1993. Note. The term is defined as follows:

classified road means any of the following:

(a) a main road,

(b) a highway,

(c) a freeway,

(d) a controlled access road,

(e) a secondary road,

(f) a tourist road,

(g) a tollway,

(h) a transitway,

(i) a State work.

(See Roads Act 1993 for meanings of these terms.)

clearing native vegetation has the same meaning as in the Native Vegetation Act 2003. Note. The term is defined as follows:

clearing native vegetation means any one or more of the following:

(a) cutting down, felling, thinning, logging or removing native vegetation,

(b) killing, destroying, poisoning, ringbarking, uprooting or burning native vegetation.

(See Division 3 of Part 3 of the Native Vegetation Act 2003 for the exclusion of routine agricultural management and other farming activities from constituting the clearing of native vegetation if the landholder can establish that any clearing was carried out for the purpose of those activities.)

coastal foreshore means land with frontage to a beach, estuary, coastal lake, headland, cliff or rock platform.

coastal hazard has the same meaning as in the Coastal Protection Act 1979.

coastal lake means a body of water specified in Schedule 1 to State Environmental Planning Policy No 71—Coastal Protection.

coastal protection works has the same meaning as in the Coastal Protection Act 1979.

coastal waters of the State—see section 58 of the Interpretation Act 1987.

coastal zone has the same meaning as in the Coastal Protection Act 1979. Note. The term is defined as follows:

coastal zone means:

(a) the area within the coastal waters of the State as defined in Part 10 of the Interpretation Act 1987 (including any land within those waters), and

(b) the area of land and the waters that lie between the western boundary of the coastal zone (as shown on the maps outlining the coastal zone) and the landward boundary of the coastal waters of the State, and

(c) the seabed (if any) and the subsoil beneath, and the airspace above, the areas referred to in paragraphs (a) and (b).

The coastal zone consists of the area between the western boundary of the coastal zone shown on the maps outlining the coastal zone and the outermost boundary of the coastal waters of the State. The coastal waters of the State extend, generally, to 3 nautical miles from the coastline of the State.

commercial premises means any of the following:

(a) business premises,

(b) office premises,

(c) retail premises.

community facility means a building or place:

(a) owned or controlled by a public authority or non-profit community organisation, and

(b) used for the physical, social, cultural or intellectual development or welfare of the community,

but does not include an educational establishment, hospital, retail premises, place of public worship or residential accommodation.

community land has the same meaning as in the Local Government Act 1993.

correctional centre means:

(a) any premises declared to be a correctional centre by a proclamation in force under section 225 of the Crimes (Administration of Sentences) Act 1999, including any juvenile correctional centre or periodic detention centre, and

(b) any premises declared to be a detention centre by an order in force under section 5 (1) of the Children (Detention Centres) Act 1987,

but does not include any police station or court cell complex in which a person is held in custody in accordance with any Act.

Council means the Waverley Council.

crematorium means a building in which deceased persons or pets are cremated, whether or not it contains an associated building for conducting memorial services.

Crown reserve means:

(a) a reserve within the meaning of Part 5 of the Crown Lands Act 1989, or

(b) a common within the meaning of the Commons Management Act 1989, or

(c) lands within the meaning of the Trustees of Schools of Arts Enabling Act 1902,

but does not include land that forms any part of a reserve under Part 5 of the Crown Lands Act 1989 provided for accommodation.

curtilage, in relation to a heritage item or conservation area, means the area of land (including land covered by water) surrounding a heritage item, a heritage conservation

area, or building, work or place within a heritage conservation area, that contributes to its heritage significance.

dairy (pasture-based) means a dairy that is conducted on a commercial basis where the only restriction facilities present are milking sheds and holding yards and where cattle are constrained for no more than 10 hours in any 24 hour period (excluding during any period of drought or similar emergency relief).

Note. Dairies (pasture-based) are a type of extensive agriculture —see the definition of that term in this Dictionary.

dairy (restricted) means a dairy that is conducted on a commercial basis where restriction facilities (in addition to milking sheds and holding yards) are present and where cattle have access to grazing for less than 10 hours in any 24 hour period (excluding during any period of drought or similar emergency relief). It may comprise the whole or part of a restriction facility.

Note. Dairies (restricted) are a type of intensive livestock agriculture —see the definition of that term in this Dictionary.

demolish, in relation to a heritage item or an Aboriginal object, or a building, work, relic or tree within a heritage conservation area, means wholly or partly destroy, dismantle or deface the heritage item, Aboriginal object or building, work, relic or tree.

depot means a building or place used for the storage (but not sale or hire) of plant, machinery or other goods (that support the operations of an existing undertaking) when not required for use, but does not include a farm building.

drainage means any activity that intentionally alters the hydrological regime of any locality by facilitating the removal of surface or ground water. It may include the construction, deepening, extending, opening, installation or laying of any canal, drain or pipe, either on the land or in such a manner as to encourage drainage of adjoining land.

dual occupancy means a dual occupancy (attached) or a dual occupancy (detached). Note. Dual occupancies are a type of residential accommodation —see the definition of that term in this

Dictionary.

dual occupancy (attached) means 2 dwellings on one lot of land that are attached to each other, but does not include a secondary dwelling.

Note. Dual occupancies (attached) are a type of dual occupancy —see the definition of that term in this Dictionary.

dual occupancy (detached) means 2 detached dwellings on one lot of land, but does not include a secondary dwelling.

Note. Dual occupancies (detached) are a type of dual occupancy —see the definition of that term in this Dictionary.

dwelling means a room or suite of rooms occupied or used or so constructed or adapted as to be capable of being occupied or used as a separate domicile.

dwelling house means a building containing only one dwelling. Note. Dwelling houses are a type of residential accommodation—see the definition of that term in this

Dictionary.

earthworks means excavation or filling.

ecologically sustainable development has the same meaning as in the Act.

eco-tourist facility means a building or place that:

(a) provides temporary or short-term accommodation to visitors on a commercial basis, and

(b) is located in or adjacent to an area with special ecological or cultural features, and

(c) is sensitively designed and located so as to minimise bulk, scale and overall physical footprint and any ecological or visual impact.

It may include facilities that are used to provide information or education to visitors and to exhibit or display items.

Note. See clause 5.13 for requirements in relation to the granting of development consent for eco-tourist facilities.

Eco-tourist facilities are not a type of tourist and visitor accommodation —see the definition of that term in this Dictionary.

educational establishment means a building or place used for education (including teaching), being:

(a) a school, or

(b) a tertiary institution, including a university or a TAFE establishment, that provides formal education and is constituted by or under an Act.

electricity generating works means a building or place used for the purpose of making or generating electricity.

emergency services facility means a building or place (including a helipad) used in connection with the provision of emergency services by an emergency services organisation.

emergency services organisation means any of the following:

(a) Ambulance Service of New South Wales,

(b) Fire and Rescue NSW,

(c) NSW Rural Fire Service,

(d) NSW Police Force,

(e) State Emergency Service,

(f) New South Wales Volunteer Rescue Association Incorporated,

(g) New South Wales Mines Rescue Brigade established under the Coal Industry Act 2001,

(h) an accredited rescue unit within the meaning of the State Emergency and Rescue Management Act 1989.

entertainment facility means a theatre, cinema, music hall, concert hall, dance hall and the like, but does not include a pub or registered club.

environmental facility means a building or place that provides for the recreational use or scientific study of natural systems, and includes walking tracks, seating, shelters, board walks, observation decks, bird hides or the like, and associated display structures.

environmental protection works means works associated with the rehabilitation of land towards its natural state or any work to protect land from environmental degradation, and includes bush regeneration works, wetland protection works, erosion protection works, dune restoration works and the like, but does not include coastal protection works.

estuary has the same meaning as in the Water Management Act 2000. Note. The term is defined as follows:

estuary means:

(a) any part of a river whose level is periodically or intermittently affected by coastal tides, or

(b) any lake or other partially enclosed body of water that is periodically or intermittently open to the sea, or

(c) anything declared by the regulations (under the Water Management Act 2000) to be an estuary,

but does not include anything declared by the regulations (under the Water Management Act 2000) not to be an estuary.

excavation means the removal of soil or rock, whether moved to another part of the same site or to another site, but does not include garden landscaping that does not significantly alter the shape, natural form or drainage of the land.

exhibition home means a dwelling built for the purposes of the public exhibition and marketing of new dwellings, whether or not it is intended to be sold as a private dwelling

after its use for those purposes is completed, and includes any associated sales or home finance office or place used for displays.

exhibition village means 2 or more exhibition homes and associated buildings and places used for house and land sales, site offices, advisory services, car parking, food and drink sales and other associated purposes.

extensive agriculture means any of the following:

(a) the production of crops or fodder (including irrigated pasture and fodder crops) for commercial purposes,

(b) the grazing of livestock for commercial purposes,

(c) bee keeping,

(d) a dairy (pasture-based). Note. Extensive agriculture is a type of agriculture —see the definition of that term in this Dictionary.

extractive industry means the winning or removal of extractive materials (otherwise than from a mine) by methods such as excavating, dredging, tunnelling or quarrying, including the storing, stockpiling or processing of extractive materials by methods such as recycling, washing, crushing, sawing or separating, but does not include turf farming.

Note. Extractive industries are not a type of industry —see the definition of that term in this Dictionary.

extractive material means sand, soil, gravel, rock or similar substances that are not minerals within the meaning of the Mining Act 1992.

farm building means a structure the use of which is ancillary to an agricultural use of the landholding on which it is situated and includes a hay shed, stock holding yard, machinery shed, shearing shed, silo, storage tank, outbuilding or the like, but does not include a dwelling.

farm stay accommodation means a building or place that provides temporary or short-term accommodation to paying guests on a working farm as a secondary business to primary production.

Note. See clause 5.4 for controls relating to the number of bedrooms.

Farm stay accommodation is a type of tourist and visitor accommodation —see the definition of that term in this Dictionary.

feedlot means a confined or restricted area that is operated on a commercial basis to rear and fatten cattle, sheep or other animals, fed (wholly or substantially) on prepared and manufactured feed, for the purpose of meat production or fibre products, but does not include a poultry farm, dairy or piggery.

Note. Feedlots are a type of intensive livestock agriculture —see the definition of that term in this Dictionary.

fill means the depositing of soil, rock or other similar extractive material obtained from the same or another site, but does not include:

(a) the depositing of topsoil or feature rock imported to the site that is intended for use in garden landscaping, turf or garden bed establishment or top dressing of lawns and that does not significantly alter the shape, natural form or drainage of the land, or

(b) the use of land as a waste disposal facility.

filming means recording images (whether on film or video tape or electronically or by other means) for exhibition or broadcast (such as by cinema, television or the internet or by other means), but does not include:

(a) still photography, or

(b) recording images of a wedding ceremony or other private celebration or event principally for the purpose of making a record for the participants in the ceremony, celebration or event, or

(c) recording images as a visitor or tourist for non-commercial purposes, or

(d) recording for the immediate purposes of a television program that provides information by way of current affairs or daily news.

fish has the same meaning as in the Fisheries Management Act 1994. Note. The term is defined as follows:

Definition of “fish”

(1) Fish means marine, estuarine or freshwater fish or other aquatic animal life at any stage of their life history (whether alive or dead).

(2) Fish includes:

(a) oysters and other aquatic molluscs, and

(b) crustaceans, and

(c) echinoderms, and

(d) beachworms and other aquatic polychaetes.

(3) Fish also includes any part of a fish.

(4) However, fish does not include whales, mammals, reptiles, birds, amphibians or other things excluded from the definition by the regulations under the Fisheries Management Act 1994.

flood mitigation work means work designed and constructed for the express purpose of mitigating flood impacts. It involves changing the characteristics of flood behaviour to alter the level, location, volume, speed or timing of flood waters to mitigate flood impacts. Types of works may include excavation, construction or enlargement of any fill, wall, or levee that will alter riverine flood behaviour, local overland flooding, or tidal action so as to mitigate flood impacts.

floor space ratio—see clause 4.5.

Floor Space Ratio Map means the Waverley Local Environmental Plan 2011 Floor Space Ratio Map.

food and drink premises means premises that are used for the preparation and retail sale of food or drink (or both) for immediate consumption on or off the premises, and includes any of the following:

(a) a restaurant or cafe,

(b) take away food and drink premises,

(c) a pub. Note. Food and drink premises are a type of retail premises —see the definition of that term in this

Dictionary.

forestry has the same meaning as forestry operations in the Forestry and National Park Estate Act 1998.

Note. The term is defined as follows:

forestry operations means:

(a) logging operations, namely, the cutting and removal of timber from land for the purpose of timber production, or

(b) forest products operations, namely, the harvesting of products of trees, shrubs and other vegetation (other than timber) that are of economic value, or

(c) on-going forest management operations, namely, activities relating to the management of land for timber production such as thinning, bush fire hazard reduction, bee-keeping, grazing and other silvicultural activities, or

(d) ancillary road construction, namely, the provision of roads and fire trails, and the maintenance of existing railways, to enable or assist in the above operations.

freight transport facility means a facility used principally for the bulk handling of goods for transport by road, rail, air or sea, including any facility for the loading and unloading of vehicles, aircraft, vessels or containers used to transport those goods and for the parking, holding, servicing or repair of those vehicles, aircraft or vessels or for the engines or carriages involved.

function centre means a building or place used for the holding of events, functions, conferences and the like, and includes convention centres, exhibition centres and reception centres, but does not include an entertainment facility.

funeral home means premises that are used to arrange, conduct and cater for funerals and memorial services, whether or not the premises include facilities for the short-term storage, dressing and viewing of bodies of deceased persons.

Note. Funeral homes are a type of business premises —see the definition of that term in this Dictionary.

garden centre means a building or place the principal purpose of which is the retail sale of plants and landscaping and gardening supplies and equipment. It may, if ancillary to the principal purpose for which the building or place is used, include a restaurant or cafe and the sale of any the following:

(a) outdoor furniture and furnishings, barbeques, shading and awnings, pools, spas and associated supplies, and items associated with the construction and maintenance of outdoor areas,

(b) pets and pet supplies,

(c) fresh produce. Note. Garden centres are a type of retail premises —see the definition of that term in this Dictionary.

general industry means a building or place (other than a heavy industry or light industry) that is used to carry out an industrial activity.

Note. General industries are a type of industry —see the definition of that term in this Dictionary.

gross floor area means the sum of the floor area of each floor of a building measured from the internal face of external walls, or from the internal face of walls separating the building from any other building, measured at a height of 1.4 metres above the floor, and includes:

(a) the area of a mezzanine, and

(b) habitable rooms in a basement or an attic, and

(c) any shop, auditorium, cinema, and the like, in a basement or attic,

but excludes:

(d) any area for common vertical circulation, such as lifts and stairs, and

(e) any basement:

(i) storage, and

(ii) vehicular access, loading areas, garbage and services, and

(f) plant rooms, lift towers and other areas used exclusively for mechanical services or ducting, and

(g) car parking to meet any requirements of the consent authority (including access to that car parking), and

(h) any space used for the loading or unloading of goods (including access to it), and

(i) terraces and balconies with outer walls less than 1.4 metres high, and

(j) voids above a floor at the level of a storey or storey above.

ground level (existing) means the existing level of a site at any point.

ground level (finished) means, for any point on a site, the ground surface after completion of any earthworks (excluding any excavation for a basement, footings or the like) for which consent has been granted or that is exempt development.

ground level (mean) means, for any site on which a building is situated or proposed, one half of the sum of the highest and lowest levels at ground level (finished) of the outer surface of the external walls of the building.

group home means a permanent group home or a transitional group home.

Note. Group homes are a type of residential accommodation —see the definition of that term in this Dictionary.

group home (permanent) or permanent group home means a dwelling:

(a) that is occupied by persons as a single household with or without paid supervision or care and whether or not those persons are related or payment for board and lodging is required, and

(b) that is used to provide permanent household accommodation for people with a disability or people who are socially disadvantaged,

but does not include development to which State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 applies.

Note. Permanent group homes are a type of group home —see the definition of that term in this Dictionary.

group home (transitional) or transitional group home means a dwelling:

(a) that is occupied by persons as a single household with or without paid supervision or care and whether or not those persons are related or payment for board and lodging is required, and

(b) that is used to provide temporary accommodation for the relief or rehabilitation of people with a disability or for drug or alcohol rehabilitation purposes, or that is used to provide half-way accommodation for persons formerly living in institutions or temporary accommodation comprising refuges for men, women or young people,

but does not include development to which State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 applies.

Note. Transitional group homes are a type of group home —see the definition of that term in this Dictionary.

hardware and building supplies means a building or place the principal purpose of which is the sale or hire of goods or materials, such as household fixtures, timber, tools, paint, wallpaper, plumbing supplies and the like, that are used in the construction and maintenance of buildings and adjacent outdoor areas.

Note. Hardware and building supplies are a type of retail premises —see the definition of that term in this Dictionary.

hazardous industry means a building or place used to carry out an industrial activity that would, when carried out and when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the activity from existing or likely future development on other land in the locality), pose a significant risk in the locality:

(a) to human health, life or property, or

(b) to the biophysical environment. Note. Hazardous industries are a type of heavy industry —see the definition of that term in this

Dictionary.

hazardous storage establishment means a building or place that is used for the storage of goods, materials or products and that would, when in operation and when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the building or place from existing or likely future development on other land in the locality), pose a significant risk in the locality:

(a) to human health, life or property, or

(b) to the biophysical environment. Note. Hazardous storage establishments are a type of heavy industrial storage establishment —see

the definition of that term in this Dictionary.

headland includes a promontory extending from the general line of the coastline into a large body of water, such as a sea, coastal lake or bay.

health care professional means any person registered under an Act for the purpose of providing health care.

health consulting rooms means premises comprising one or more rooms within (or within the curtilage of) a dwelling house used by not more than 3 health care professionals at any one time.

Note. Health consulting rooms are a type of health services facility —see the definition of that term in this Dictionary.

health services facility means a building or place used to provide medical or other services relating to the maintenance or improvement of the health, or the restoration to health, of persons or the prevention of disease in or treatment of injury to persons, and includes any of the following:

(a) a medical centre,

(b) community health service facilities,

(c) health consulting rooms,

(d) patient transport facilities, including helipads and ambulance facilities,

(e) hospital.

heavy industrial storage establishment means a building or place used for the storage of goods, materials, plant or machinery for commercial purposes and that requires separation from other development because of the nature of the processes involved, or the goods, materials, plant or machinery stored, and includes any of the following:

(a) a hazardous storage establishment,

(b) a liquid fuel depot,

(c) an offensive storage establishment.

heavy industry means a building or place used to carry out an industrial activity that requires separation from other development because of the nature of the processes involved, or the materials used, stored or produced, and includes:

(a) hazardous industry, or

(b) offensive industry.

It may also involve the use of a hazardous storage establishment or offensive storage establishment.

Note. Heavy industries are a type of industry —see the definition of that term in this Dictionary.

Height of Buildings Map means the 2011 Local Environmental Plan 2011 Height of Buildings Map.

helipad means a place not open to the public used for the taking off and landing of helicopters.

heliport means a place open to the public that is used for the taking off and landing of helicopters, whether or not it includes:

(a) a terminal building, or

(b) facilities for the parking, storage or repair of helicopters. Note. Heliports are a type of air transport facility —see the definition of that term in this Dictionary.

heritage conservation area means an area of land of heritage significance:

(a) shown on the Heritage Map as a heritage conservation area, and

(b) the location and nature of which is described in Schedule 5,

and includes any heritage items situated on or within that area.

heritage conservation management plan means a document prepared in accordance with guidelines prepared by the Department of Planning that documents the heritage significance of an item, place or heritage conservation area and identifies conservation

policies and management mechanisms that are appropriate to enable that significance to be retained.

heritage impact statement means a document consisting of:

(a) a statement demonstrating the heritage significance of a heritage item or heritage conservation area, and

(b) an assessment of the impact that proposed development will have on that significance, and

(c) proposals for measures to minimise that impact.

heritage item means a building, work, place, relic, tree, object or archaeological site the location and nature of which is described in Schedule 5.

Note. Heritage items may be shown on the Heritage Map. An inventory of heritage items is also available at the office of the Council.

heritage management document means:

(a) a heritage conservation management plan, or

(b) a heritage impact statement, or

(c) any other document that provides guidelines for the ongoing management and conservation of a heritage item, Aboriginal object, Aboriginal place of heritage significance or heritage conservation area.

Heritage Map means the Waverley Local Environmental Plan 2011 Heritage Map.

heritage significance means historical, scientific, cultural, social, archaeological, architectural, natural or aesthetic value.

high technology industry means a building or place predominantly used to carry out an industrial activity that involves any of the following:

(a) electronic or micro-electronic systems, goods or components,

(b) information technology (such as computer software or hardware),

(c) instrumentation or instruments of a scientific, industrial, technological, medical or similar nature,

(d) biological, pharmaceutical, medical or paramedical systems, goods or components,

(e) film, television or multi-media technologies, including any post production systems, goods or components,

(f) telecommunications systems, goods or components,

(g) sustainable energy technologies,

(h) any other goods, systems or components intended for use in a science or technology related field,

but does not include a building or place used to carry out an industrial activity that presents a hazard or potential hazard to the neighbourhood or that, because of the scale and nature of the processes involved, interferes with the amenity of the neighbourhood.

Note. High technology industries are a type of light industry —see the definition of that term in this Dictionary.

highway service centre means a building or place used to provide refreshments and vehicle services to highway users. It may include any one or more of the following:

(a) a restaurant or cafe,

(b) take away food and drink premises,

(c) service stations and facilities for emergency vehicle towing and repairs,

(d) parking for vehicles,

(e) rest areas and public amenities.

home-based child care means a dwelling used by a resident of the dwelling for the supervision and care of one or more children and that satisfies the following conditions:

(a) the service is licensed within the meaning of the Children and Young Persons (Care and Protection) Act 1998,

(b) the number of children (including children related to the carer or licensee) does not at any one time exceed 7 children under the age of 12 years, including no more than 5 who do not ordinarily attend school.

home business means a business that is carried on in a dwelling, or in a building ancillary to a dwelling, by one or more permanent residents of the dwelling and that does not involve:

(a) the employment of more than 2 persons other than those residents, or

(b) interference with the amenity of the neighbourhood by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, traffic generation or otherwise, or

(c) the exposure to view, from any adjacent premises or from any public place, of any unsightly matter, or

(d) the exhibition of any signage (other than a business identification sign), or

(e) the sale of items (whether goods or materials), or the exposure or offer for sale of items, by retail, except for goods produced at the dwelling or building,

but does not include bed and breakfast accommodation, home occupation (sex services) or sex services premises.

Note. See clause 5.4 for controls relating to the floor area used for a home business.

home industry means a dwelling (or a building ancillary to a dwelling) used by one or more permanent residents of the dwelling to carry out an industrial activity that does not involve any of the following:

(a) the employment of more than 2 persons other than those residents,

(b) interference with the amenity of the neighbourhood by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, traffic generation or otherwise,

(c) the exposure to view, from any adjacent premises or from any public place, of any unsightly matter,

(d) the exhibition of any signage (other than a business identification sign),

(e) the sale of items (whether goods or materials), or the exposure or offer for sale of items, by retail, except for goods produced at the dwelling or building,

but does not include bed and breakfast accommodation or sex services premises. Note. See clause 5.4 for controls relating to the floor area used for a home industry.

Home industries are a type of light industry —see the definition of that term in this Dictionary.

home occupation means an occupation that is carried on in a dwelling, or in a building ancillary to a dwelling, by one or more permanent residents of the dwelling and that does not involve:

(a) the employment of persons other than those residents, or

(b) interference with the amenity of the neighbourhood by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, traffic generation or otherwise, or

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

(d) the exhibition of any signage (other than a business identification sign), or

(e) the sale of items (whether goods or materials), or the exposure or offer for sale of items, by retail,

but does not include bed and breakfast accommodation, home occupation (sex services) or sex services premises.

home occupation (sex services) means the provision of sex services in a dwelling that is a brothel, or in a building that is a brothel and is ancillary to such a dwelling, by no more than 2 permanent residents of the dwelling and that does not involve:

(a) the employment of persons other than those residents, or

(b) interference with the amenity of the neighbourhood by reason of the emission of noise, traffic generation or otherwise, or

(c) the exhibition of any signage, or

(d) the sale of items (whether goods or materials), or the exposure or offer for sale of items, by retail,

but does not include a home business or sex services premises.

horticulture means the cultivation of fruits, vegetables, mushrooms, nuts, cut flowers and foliage and nursery products for commercial purposes, but does not include a plant nursery, turf farming or viticulture.

Note. Horticulture is a type of intensive plant agriculture —see the definition of that term in this Dictionary.

hospital means a building or place used for the purpose of providing professional health care services (such as preventative or convalescent care, diagnosis, medical or surgical treatment, psychiatric care or care for people with disabilities, or counselling services provided by health care professionals) to people admitted as in-patients (whether or not out-patients are also cared for or treated there), and includes ancillary facilities for (or that consist of) any of the following:

(a) day surgery, day procedures or health consulting rooms,

(b) accommodation for nurses or other health care workers,

(c) accommodation for persons receiving health care or for their visitors,

(d) shops, kiosks, restaurants or cafes or take-away food and drink premises,

(e) patient transport facilities, including helipads, ambulance facilities and car parking,

(f) educational purposes or any other health-related use,

(g) research purposes (whether or not carried out by hospital staff or health care workers or for commercial purposes),

(h) chapels,

(i) hospices,

(j) mortuaries. Note. Hospitals are a type of health services facility —see the definition of that term in this Dictionary.

hostel means premises that are generally staffed by social workers or support providers and at which:

(a) residential accommodation is provided in dormitories, or on a single or shared basis, or by a combination of them, and

(b) cooking, dining, laundering, cleaning and other facilities are provided on a shared basis.

Note. Hostels are a type of residential accommodation —see the definition of that term in this Dictionary.

hotel or motel accommodation means a building or place (whether or not licensed premises under the Liquor Act 2007) that provides temporary or short-term accommodation on a commercial basis and that:

(a) comprises rooms or self-contained suites, and

(b) may provide meals to guests or the general public and facilities for the parking of guests’ vehicles,

but does not include backpackers’ accommodation, a boarding house, bed and breakfast accommodation or farm stay accommodation.

Note. Hotel or motel accommodation is a type of tourist and visitor accommodation —see the definition of that term in this Dictionary.

industrial activity means the manufacturing, production, assembling, altering, formulating, repairing, renovating, ornamenting, finishing, cleaning, washing, dismantling, transforming, processing, recycling, adapting or servicing of, or the research and development of, any goods, substances, food, products or articles for commercial purposes, and includes any storage or transportation associated with any such activity.

industrial retail outlet means a building or place that:

(a) is used in conjunction with an industry or rural industry, and

(b) is situated on the land on which the industry or rural industry is located, and

(c) is used for the display or sale (whether by retail or wholesale) of only those goods that have been manufactured on the land on which the industry or rural industry is located,

but does not include a warehouse or distribution centre. Note. See clause 5.4 for controls relating to the retail floor area of an industrial retail outlet.

industrial training facility means a building or place used in connection with vocational training in an activity (such as forklift or truck driving, welding or carpentry) that is associated with an industry, rural industry, extractive industry or mining, but does not include an educational establishment, business premises or retail premises.

industry means any of the following:

(a) general industry,

(b) heavy industry,

(c) light industry,


(d) rural industry, or

(e) extractive industry, or

(f) mining.

information and education facility means a building or place used for providing information or education to visitors, and the exhibition or display of items, and includes an art gallery, museum, library, visitor information centre and the like.

intensive livestock agriculture means the keeping or breeding, for commercial purposes, of cattle, poultry, pigs, goats, horses or other livestock that are fed wholly or substantially on externally-sourced feed, and includes any of the following:

(a) dairies (restricted),

(b) feedlots,

(c) piggeries,

(d) poultry farms,

but does not include extensive agriculture, aquaculture or the operation of facilities for drought or similar emergency relief.

Note. Intensive livestock agriculture is a type of agriculture —see the definition of that term in this Dictionary.

intensive plant agriculture means any of the following:

(a) the cultivation of irrigated crops for commercial purposes (other than irrigated pasture or fodder crops),

(b) horticulture,

(c) turf farming,

(d) viticulture. Note. Intensive plant agriculture is a type of agriculture —see the definition of that term in this Dictionary.

jetty means a horizontal decked walkway providing access from the shore to the waterway and is generally constructed on a piered or piled foundation.

kiosk means premises that are used for the purposes of selling food, light refreshments and other small convenience items such as newspapers, films and the like.

Note. See clause 5.4 for controls relating to the gross floor area of a kiosk.

Kiosks are a type of retail premises —see the definition of that term in this Dictionary.

Land Application Map means the Waverley Local Environmental Plan 2011 Land Application Map.

Land Reservation Acquisition Map means the Waverley Local Environmental Plan 2011 Land Reservation Acquisition Map.

Land Zoning Map means the Waverley Local Environmental Plan 2011 Land Zoning Map.

landscaped area means a part of a site used for growing plants, grasses and trees, but does not include any building, structure or hard paved area.

landscaping material supplies means a building or place used for the storage and sale of landscaping supplies such as soil, gravel, potting mix, mulch, sand, railway sleepers, screenings, rock and the like.

Note. Landscaping material supplies are a type of retail premises —see the definition of that term in this Dictionary.

light industry means a building or place used to carry out an industrial activity that does not interfere with the amenity of the neighbourhood by reason of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, or otherwise, and includes any of the following:

(a) high technology industry,

(b) home industry. Note. Light industries are a type of industry —(see the definition of that term in this Dictionary.

liquid fuel depot means premises used for the bulk storage of petrol, oil, petroleum or other inflammable liquid for wholesale distribution and at which no retail trade is conducted.

Note. Liquid fuel depots are a type of heavy industrial storage establishment —see the definition of that term in this Dictionary.

livestock processing industry means a building or place used for the commercial production of products derived from the slaughter of animals (including poultry) or the processing of skins or wool of animals, derived principally from surrounding districts, and includes abattoirs, knackeries, tanneries, woolscours and rendering plants.

Note. Livestock processing industries are a type of rural industry —see the definition of that term in this Dictionary.

Lot Size Map means the Waverley Local Environmental Plan 2011 Lot Size Map.

maintenance, in relation to a heritage item, Aboriginal object or Aboriginal place of heritage significance, or a building, work, archaeological site, tree or place within a heritage conservation area, means ongoing protective care, but does not include the removal or disturbance of existing fabric, alterations (such as carrying out extensions or additions) or the introduction of new materials or technology.

marina means a permanent boat storage facility (whether located wholly on land, wholly on a waterway or partly on land and partly on a waterway), and includes any of the following associated facilities:

(a) any facility for the construction, repair, maintenance, storage, sale or hire of boats,

(b) any facility for providing fuelling, sewage pump-out or other services for boats,

(c) any facility for launching or landing boats, such as slipways or hoists,

(d) any car parking or commercial, tourist or recreational or club facility that is ancillary to the boat storage facility,

(e) any berthing or mooring facilities.

market means an open-air area, or an existing building, that is used for the purpose of selling, exposing or offering goods, merchandise or materials for sale by independent stall holders, and includes temporary structures and existing permanent structures used for that purpose on an intermittent or occasional basis.

Note. Markets are a type of retail premises —see the definition of that term in this Dictionary.

mean high water mark means the position where the plane of the mean high water level of all ordinary local high tides intersects the foreshore, being 1.44m above the zero of Fort Denison Tide Gauge and 0.515m Australian Height Datum.

medical centre means premises that are used for the purpose of providing health services (including preventative care, diagnosis, medical or surgical treatment, counselling or alternative therapies) to out-patients only, where such services are principally provided by health care professionals. It may include the ancillary provision of other health services.

Note. Medical centres are a type of health services facility —see the definition of that term in this Dictionary.

mezzanine means an intermediate floor within a room.

mine means any place (including any excavation) where an operation is carried on for mining of any mineral by any method and any place on which any mining related work is carried out, but does not include a place used only for extractive industry.

mine subsidence district means a mine subsidence district proclaimed under section 15 of the Mine Subsidence Compensation Act 1961.

mining means mining carried out under the Mining Act 1992 or the recovery of minerals under the Offshore Minerals Act 1999, and includes:

(a) the construction, operation and decommissioning of associated works, and

(b) the rehabilitation of land affected by mining. Note. Mining is not a type of industry —see the definition of that term in this Dictionary.

mixed use development means a building or place comprising 2 or more different land uses.

mooring means a detached or freestanding apparatus located on or in a waterway and that is capable of securing a vessel, but does not include a mooring pen.

mooring pen means an arrangement of freestanding piles or other restraining devices designed or used for the purpose of berthing a vessel.

mortuary means premises that are used, or intended to be used, for the receiving, preparation, embalming and storage of bodies of deceased persons pending their interment or cremation.

moveable dwelling has the same meaning as in the Local Government Act 1993. Note. The term is defined as follows:

moveable dwelling means:

(a) any tent, or any caravan or other van or other portable device (whether on wheels or not), used for human habitation, or

(b) a manufactured home, or

(c) any conveyance, structure or thing of a class or description prescribed by the regulations (under the Local Government Act 1993) for the purposes of this definition.

multi dwelling housing means 3 or more dwellings (whether attached or detached) on one lot of land, each with access at ground level, but does not include a residential flat building.

Note. Multi dwelling housing is a type of residential accommodation —see the definition of that term in this Dictionary.

native fauna means any animal-life that is indigenous to New South Wales or is known to periodically or occasionally migrate to New South Wales, whether vertebrate (including fish) or invertebrate and in any stage of biological development, but does not include humans.

native flora means any plant-life that is indigenous to New South Wales, whether vascular or non-vascular and in any stage of biological development, and includes fungi and lichens, and marine vegetation within the meaning of Part 7A of the Fisheries Management Act 1994.

native vegetation has the same meaning as in the Native Vegetation Act 2003. Note. The term is defined as follows:

Meaning of “native vegetation”

(1) Native vegetation means any of the following types of indigenous vegetation:

(a) trees (including any sapling or shrub, or any scrub),

(b) understorey plants,

(c) groundcover (being any type of herbaceous vegetation),

(d) plants occurring in a wetland.

(2) Vegetation is indigenous if it is of a species of vegetation, or if it comprises species of vegetation, that existed in the State before European settlement.

(3) Native vegetation does not include any mangroves, seagrasses or any other type of marine vegetation to which section 205 of the Fisheries Management Act 1994 applies.

navigable waterway means any waterway that is from time to time capable of navigation and is open to or used by the public for navigation, but does not include flood waters that have temporarily flowed over the established bank of a watercourse.

neighbourhood shop means premises used for the purposes of selling general merchandise such as foodstuffs, personal care products, newspapers and the like to provide for the day-to-day needs of people who live or work in the local area, and may include ancillary services such as a post office, bank or dry cleaning, but does not include restricted premises.

Note. See clause 5.4 for controls relating to the retail floor area of neighbourhood shops.

Neighbourhood shops are a type of shop—see the definition of that term in this Dictionary.

nominated State heritage item means a heritage item that:

(a) has been identified as an item of State significance in a publicly exhibited heritage study adopted by the Council, and

(b) the Council has, by notice in writing to the Heritage Council, nominated as an item of potential State significance.

non-potable water means water that does not meet the standards or values for drinking water recommended from time to time by the National Health and Medical Research Council.

NSW Coastal Policy means the publication titled NSW Coastal Policy 1997: A Sustainable Future for the New South Wales Coast, published by the Government.

offensive industry means a building or place used to carry out an industrial activity that would, when carried out and when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the activity from existing or likely future development on other land in the locality), emit a polluting discharge (including, for example, noise) in a manner that would have a significant adverse impact in the locality or on existing or likely future development on other land in the locality.

Note. Offensive industries are a type of heavy industry —see the definition of that term in this Dictionary.

offensive storage establishment means a building or place that is used for the storage of goods, materials or products and that would, when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the building or place from existing or likely future development on other land in the locality), emit a polluting discharge (including, for example, noise) in a manner that would have a significant adverse impact in the locality or on existing or likely future development on other land in the locality.

Note. Offensive storage establishments are a type of heavy industrial storage establishment —see the definition of that term in this Dictionary.

office premises means a building or place used for the purpose of administrative, clerical, technical, professional or similar activities that do not include dealing with members of the public at the building or place on a direct and regular basis, except where such dealing is a minor activity (by appointment) that is ancillary to the main purpose for which the building or place is used.

Note. Office premises are a type of commercial premises —see the definition of that term in this Dictionary.

open cut mining means mining carried out on, and by excavating, the earth’s surface, but does not include underground mining.

operational land has the same meaning as in the Local Government Act 1993.

parking space means a space dedicated for the parking of a motor vehicle, including any manoeuvring space and access to it, but does not include a car park.

passenger transport facility means a building or place used for the assembly or dispersal of passengers by any form of transport, including facilities required for parking, manoeuvring, storage or routine servicing of any vehicle that uses the building or place.

place of public worship means a building or place used for the purpose of religious worship by a congregation or religious group, whether or not the building or place is also used for counselling, social events, instruction or religious training.

plant nursery means a building or place the principal purpose of which is the retail sale of plants that are grown or propagated on site or on an adjacent site. It may include the on-site sale of any such plants by wholesale and, if ancillary to the principal purpose for which the building or place is used, the sale of landscape and gardening supplies and equipment and the storage of these items.

Note. Plant nurseries are a type of retail premises —see the definition of that term in this Dictionary.

port facilities means any of the following facilities at or in the vicinity of a designated port within the meaning of section 47 of the Ports and Maritime Administration Act 1995:

(a) facilities for the embarkation or disembarkation of passengers onto or from any vessels, including public ferry wharves,

(b) facilities for the loading or unloading of freight onto or from vessels and associated receival, land transport and storage facilities,

(c) wharves for commercial fishing operations,

(d) refuelling, launching, berthing, mooring, storage or maintenance facilities for any vessel,

(e) sea walls or training walls,

(f) administration buildings, communication, security and power supply facilities, roads, rail lines, pipelines, fencing, lighting or car parks.

potable water means water that meets the standards or values for drinking water recommended from time to time by the National Health and Medical Research Council.

private open space means an area external to a building (including an area of land, terrace, balcony or deck) that is used for private outdoor purposes ancillary to the use of the building.

property vegetation plan has the same meaning as in the Native Vegetation Act 2003. Note. The term is defined as follows:

property vegetation plan means a property vegetation plan that has been approved under Part 4 of the Native Vegetation Act 2003.

pub means licensed premises under the Liquor Act 2007 the principal purpose of which is the retail sale of liquor for consumption on the premises, whether or not the premises include hotel or motel accommodation and whether or not food is sold or entertainment is provided on the premises.

Note. Pubs are a type of food and drink premises —see the definition of that term in this Dictionary.

public administration building means a building used as offices or for administrative or other like purposes by the Crown, a statutory body, a council or an organisation established for public purposes, and includes a courthouse or a police station.

public authority has the same meaning as in the Act.

public land has the same meaning as in the Local Government Act 1993. Note. The term is defined as follows:

public land means any land (including a public reserve) vested in or under the control of the council, but does not include:

(a) a public road, or

(b) land to which the Crown Lands Act 1989 applies, or

(c) a common, or

(d) land subject to the Trustees of Schools of Arts Enabling Act 1902, or

(e) a regional park under the National Parks and Wildlife Act 1974.

public reserve has the same meaning as in the Local Government Act 1993.

public utility undertaking means any of the following undertakings carried on or permitted to be carried on by or by authority of any 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 includes a reference to a council, electricity supply authority, Government Department, corporation, firm or authority carrying on the undertaking.

rainwater tank means a tank designed for the storage of rainwater gathered on the land on which the tank is situated.

recreation area means a place used for outdoor recreation that is normally open to the public, and includes:

(a) a children’s playground, or

(b) an area used for community sporting activities, or

(c) a public park, reserve or garden or the like,

and any ancillary buildings, but does not include a recreation facility (indoor), recreation facility (major) or recreation facility (outdoor).

recreation facility (indoor) means a building or place used predominantly for indoor recreation, whether or not operated for the purposes of gain, including a squash court, indoor swimming pool, gymnasium, table tennis centre, health studio, bowling alley, ice rink or any other building or place of a like character used for indoor recreation, but does not include an entertainment facility, a recreation facility (major) or a registered club.

recreation facility (major) means a building or place used for large-scale sporting or recreation activities that are attended by large numbers of people whether regularly or periodically, and includes theme parks, sports stadiums, showgrounds, racecourses and motor racing tracks.

recreation facility (outdoor) means a building or place (other than a recreation area) used predominantly for outdoor recreation, whether or not operated for the purposes of gain, including a golf course, golf driving range, mini-golf centre, tennis court, paint-ball centre, lawn bowling green, outdoor swimming pool, equestrian centre, skate board ramp, go-kart track, rifle range, water-ski centre or any other building or place of a like character used for outdoor recreation (including any ancillary buildings), but does not include an entertainment facility or a recreation facility (major).

Reduced Level (RL) means height above the Australian Height Datum, being the datum surface approximating mean sea level that was adopted by the National Mapping Council of Australia in May 1971.

registered club means a club that holds a club licence under the Liquor Act 2007.

relic has the same meaning as in the Heritage Act 1977. Note. The term is defined as follows:

relic means any deposit, artefact, object or material evidence that:

(a) relates to the settlement of the area that comprises New South Wales, not being Aboriginal settlement, and

(b) is of State or local heritage significance.

research station means a building or place operated by a public authority for the principal purpose of agricultural, environmental, fisheries, forestry, minerals or soil conservation research, and includes any associated facility for education, training, administration or accommodation.

residential accommodation means a building or place used predominantly as a place of residence, and includes any of the following:

(a) attached dwellings,

(b) boarding houses,

(c) dual occupancies,

(d) dwelling houses,

(e) group homes,

(f) hostels,

(g) multi dwelling housing,

(h) residential flat buildings,

(i) rural workers’s dwellings,

(j) secondary dwellings,

(k) semi-detached dwellings,

(l) seniors housing,

(m) shop top housing,

but does not include tourist and visitor accommodation or caravan parks.

residential care facility means accommodation for seniors or people with a disability that includes:

(a) meals and cleaning services, and

(b) personal care or nursing care, or both, and

(c) appropriate staffing, furniture, furnishings and equipment for the provision of that accommodation and care,

but does not include a dwelling, hostel, hospital or psychiatric facility. Note. Residential care facilities are a type of seniors housing—see the definition of that term in this

Dictionary.

residential flat building means a building containing 3 or more dwellings, but does not include an attached dwelling or multi dwelling housing.

Note. Residential flat buildings are a type of residential accommodation — see the definition of that term in this Dictionary.

resource recovery facility means a building or place used for the recovery of resources from waste, including works or activities such as separating and sorting, processing or treating the waste, composting, temporary storage, transfer or sale of recovered resources, energy generation from gases and water treatment, but not including re-manufacture or disposal of the material by landfill or incineration.

Note. Resource recovery facilities are a type of waste or resource management facility —see the definition of that term in this Dictionary.

respite day care centre means a building or place that is used for the care of seniors or people who have a disability and that does not provide overnight accommodation for people other than those related to the owner or operator of the centre.

restaurant or cafe means a building or place the principal purpose of which is the preparation and serving, on a retail basis, of food and drink to people for consumption on the premises, whether or not liquor, takeaway meals and drinks or entertainment are also provided.

Note. Restaurants or cafes are a type of food and drink premises —see the definition of that term in this Dictionary.

restricted premises means premises that, due to their nature, restrict access to patrons or customers over 18 years of age, and includes sex shops and similar premises, but does not include a pub, hotel or motel accommodation, home occupation (sex services) or sex services premises.

restriction facilities means facilities where animals are constrained for management purposes, including milking sheds, pads, feed stalls, holding yards and paddocks where the number of livestock exceeds the ability of vegetation to recover from the effects of grazing in a normal growing season, but does not include facilities for drought or similar emergency relief.

retail premises means a building or place used for the purpose of selling items by retail, or hiring or displaying items for the purpose of selling them or hiring them out, whether the items are goods or materials (or whether also sold by wholesale), and includes any of the following;

(a) bulky goods premises,

(b) cellar door premises,

(c) food and drink premises,

(d) garden centres,

(e) hardware and building supplies,

(f) kiosks,

(g) landscaping material supplies,

(h) markets,

(i) plant nurseries,

(j) roadside stalls,

(k) rural supplies,

(l) shops,

(m) timber yards,

(n) vehicle sales or hire premises,

but does not include highway service centres, service stations, industrial retail outlets or restricted premises.

Note. Retail premises are a type of commercial premises —see the definition of that term in this Dictionary.

road means a public road or a private road within the meaning of the Roads Act 1993, and includes a classified road.

roadside stall means a place or temporary structure used for the retail sale of agricultural produce or hand crafted goods (or both) produced from the property on which the stall is situated or from an adjacent property.

Note. See clause 5.4 for controls relating to the gross floor area of roadside stalls.

Roadside stalls are a type of retail premises —see the definition of that term in this Dictionary.

rural industry means the handling, treating, production, processing, storage or packing of animal or plant agricultural products for commercial purposes, and includes any of the following:

(a) agricultural produce industries,

(b) livestock processing industries,

(c) composting facilities and works (including the production of mushroom substrate),

(d) sawmill or log processing works,

(e) stock and sale yards,

(f) the regular servicing or repairing of plant or equipment used for the purposes of a rural enterprise.

Note. Rural industries are not a type of industry —see the definition of that term in this Dictionary.

rural supplies means a building or place used for the display, sale or hire of stockfeeds, grains, seed, fertilizers, veterinary supplies and other goods or materials used in farming and primary industry production.

Note. Rural supplies are a type of retail premises —see the definition of that term in this Dictionary.

rural worker’s dwelling means a building or place that is additional to a dwelling house on the same lot and that is used predominantly as a place of residence by persons employed, whether on a long-term or short-term basis, for the purpose of agriculture or a rural industry on that land.

Note. Rural worker’s dwellings are a type of residential accommodation —see the definition of that term in this Dictionary.

sawmill or log processing works means a building or place used for handling, cutting, chipping, pulping or otherwise processing logs, baulks, branches or stumps, principally derived from surrounding districts, into timber or other products derived from wood.

Note. Sawmill or log processing works are a type of rural industry —see the definition of that term in this Dictionary.

school means a government school or non-government school within the meaning of the Education Act 1990.

Note. Schools are a type of educational establishment —see the definition of that term in this Dictionary.

secondary dwelling means a self-contained dwelling that:

(a) is established in conjunction with another dwelling (the principal dwelling), and

(b) is on the same lot of land as the principal dwelling, and

(c) is located within, or is attached to, or is separate from, the principal dwelling. Note. See clause 5.4 for controls relating to the total floor area of secondary dwellings.

Secondary dwellings are a type of residential accommodation —see the definition of that term in this Dictionary.

self-storage units means premises that consist of individual enclosed compartments for storing goods or materials (other than hazardous or offensive goods or materials).

Note. Self-storage units are a type of storage premises —see the definition of that term in this Dictionary.

semi-detached dwelling means a dwelling that is on its own lot of land and is attached to only one other dwelling.

Note. Semi-detached dwellings are a type of residential accommodation—see the definition of that term in this Dictionary.

seniors housing means a building or place that is:

(a) a residential care facility, or

(b) a hostel within the meaning of clause 12 of State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004, or

(c) a group of self-contained dwellings, or

(d) a combination of any of the buildings or places referred to in paragraphs (a)–(c),

and that is, or is intended to be, used permanently for:

(e) seniors or people who have a disability, or

(f) people who live in the same household with seniors or people who have a disability, or

(g) staff employed to assist in the administration of the building or place or in the provision of services to persons living in the building or place,

but does not include a hospital. Note. Seniors housing is a type of residential accommodation—see the definition of that term in this

Dictionary.

service station means a building or place used for the sale by retail of fuels and lubricants for motor vehicles, whether or not the building or place is also used for any one or more of the following:

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

(b) the cleaning of motor vehicles,

(c) installation of accessories,

(d) inspecting, repairing and servicing of motor vehicles (other than body building, panel beating, spray painting, or chassis restoration),

(e) the ancillary retail selling or hiring of general merchandise or services or both.

serviced apartment means a building (or part of a building) providing self-contained accommodation to tourists or visitors on a commercial basis and that is regularly serviced or cleaned by the owner or manager of the building or part of the building or the owner’s or manager’s agents.

Note. Serviced apartments are a type of tourist and visitor accommodation —see the definition of that term in this Dictionary.

sewage reticulation system means a building or place used for the collection and transfer of sewage to a sewage treatment plant or water recycling facility for treatment, or transfer of the treated waste for use or disposal, including associated:

(a) pipelines and tunnels, and

(b) pumping stations, and

(c) dosing facilities, and

(d) odour control works, and

(e) sewage overflow structures, and

(f) vent stacks. Note. Sewage reticulation systems are a type of sewerage system —see the definition of that term in this

Dictionary.

sewage treatment plant means a building or place used for the treatment and disposal of sewage, whether or not the facility supplies recycled water for use as an alternative water supply.

Note. Sewage treatment plants are a type of sewerage system —see the definition of that term in this Dictionary.

sewerage system means any of the following:

(a) biosolids treatment facility,

(b) sewage reticulation system,

(c) sewage treatment plant,

(d) water recycling facility,

(e) a building or place or place that is a combination of any of the things referred to in paragraphs (a)–(d).

sex services means sexual acts or sexual services in exchange for payment.

sex services premises means a brothel, but does not include home occupation (sex services).

shop means premises that sell merchandise such as groceries, personal care products, clothing, music, homewares, stationery, electrical goods or the like or that hire any such merchandise, and includes a neighbourhood shop, but does not include food and drink premises or restricted premises.

Note. Shops are a type of retail premises —see the definition of that term in this Dictionary.

shop top housing means one or more dwellings located above ground floor retail premises or business premises.

Note. Shop top housing is a type of residential accommodation —see the definition of that term in this Dictionary.

signage means any sign, notice, device, representation or advertisement that advertises or promotes any goods, services or events and any structure or vessel that is principally designed for, or that is used for, the display of signage, and includes any of the following:

(a) an advertising structure,

(b) a building identification sign,

(c) a business identification sign,

but does not include a traffic sign or traffic control facilities.

site area means the area of any land on which development is or is to be carried out. The land may include the whole or part of one lot, or more than one lot if they are contiguous to each other, but does not include the area of any land on which development is not permitted to be carried out under this Plan.

Note. The effect of this definition is varied by clause 4.5 for the purpose of the determination of permitted floor space area for proposed development.

site coverage means the proportion of a site area covered by buildings. However, the following are not included for the purpose of calculating site coverage:

(a) any basement,

(b) any part of an awning that is outside the outer walls of a building and that adjoins the street frontage or other site boundary,

(c) any eaves,

(d) unenclosed balconies, decks, pergolas and the like.

spa pool has the same meaning as in the Swimming Pools Act 1992. Note. The term is defined to include any excavation, structure or vessel in the nature of a spa pool,

flotation tank, tub or the like.

stock and sale yard means a building or place that is used on a commercial basis for the purpose of offering livestock or poultry for sale and that may be used for the short-term storage and watering of stock.

Note. Stock and sale yards are a type of rural industry —see the definition of that term in this Dictionary.

storage premises means a building or place used for the storage of goods, materials, plant or machinery for commercial purposes and where the storage is not ancillary to any industry, business premises or retail premises on the same parcel of land, and includes self-storage units, but does not include heavy industrial storage premises or a warehouse or distribution centre.

storey means a space within a building that is situated between one floor level and the floor level next above, or if there is no floor above, the ceiling or roof above, but does not include:

(a) a space that contains only a lift shaft, stairway or meter room, or

(b) a mezzanine, or

(c) an attic.

swimming pool has the same meaning as in the Swimming Pools Act 1992. Note. The term is defined as follows:

swimming pool means an excavation, structure or vessel:

(a) that is capable of being filled with water to a depth of 300 millimetres or more, and

(b) that is solely or principally used, or that is designed, manufactured or adapted to be solely or principally used, for the purpose of swimming, wading, paddling or any other human aquatic activity,

and includes a spa pool, but does not include a spa bath, anything that is situated within a bathroom or anything declared by the regulations made under the Swimming Pools Act 1992 not to be a swimming pool for the purposes of that Act.

take away food and drink premises means premises that are predominantly used for the preparation and retail sale of food or drink (or both) for immediate consumption away from the premises.

Note. Take away food and drink premises are a type of food and drink premises —see the definition of that term in this Dictionary.

telecommunications facility means:

(a) any part of the infrastructure of a telecommunications network, or

(b) any line, cable, optical fibre, fibre access node, interconnect point equipment, apparatus, tower, mast, antenna, dish, tunnel, duct, hole, pit, pole or other structure in connection with a telecommunications network, or

(c) any other thing used in or in connection with a telecommunications network.

telecommunications network means a system, or series of systems, that carries, or is capable of carrying, communications by means of guided or unguided electromagnetic energy, or both.

temporary structure has the same meaning as in the Act. Note. The term is defined as follows:

temporary structure includes a booth, tent or other temporary enclosure (whether or not part of the booth, tent or enclosure is permanent), and also includes a mobile structure.

the Act means the Environmental Planning and Assessment Act 1979.

timber yard means a building or place the principal purpose of which is the sale of sawn, dressed or treated timber, wood fibre boards or similar timber products. It may include the cutting of such timber, boards or products to order and the sale of hardware, paint, tools and materials used in conjunction with the use and treatment of timber.

Note. Timber yards are a type of retail premises —see the definition of that term in this Dictionary.

tourist and visitor accommodation means a building or place that provides temporary or short-term accommodation on a commercial basis, and includes any of the following:

(a) backpackers’ accommodation,

(b) bed and breakfast accommodation,

(c) farm stay accommodation,

(d) hotel or motel accommodation,

(e) serviced apartments,


(f) camping grounds, or

(g) caravan parks, or

(h) eco-tourist facilities.

transport depot means a building or place used for the parking or servicing of motor powered or motor drawn vehicles used in connection with a business, industry, shop or passenger or freight transport undertaking.

truck depot means a building or place used for the servicing and parking of trucks, earthmoving machinery and the like.

turf farming means the commercial cultivation of turf for sale and the removal of turf for that purpose.

Note. Turf farming is a type of intensive plant agriculture —see the definition of that term in this Dictionary.

underground mining means:

(a) mining carried out beneath the earth’s surface, including bord and pillar mining, longwall mining, top-level caving, sub-level caving and auger mining, and

(b) shafts, drill holes, gas and water drainage works, surface rehabilitation works and access pits associated with that mining (whether carried out on or beneath the earth’s surface),

but does not include open cut mining.

vehicle body repair workshop means a building or place used for the repair of vehicles or agricultural machinery, involving body building, panel building, panel beating, spray painting or chassis restoration.

vehicle repair station means a building or place used for the purpose of carrying out repairs to, or the selling and fitting of accessories to, vehicles or agricultural machinery, but does not include a vehicle body repair workshop or vehicle sales or hire premises.

vehicle sales or hire premises means a building or place used for the display, sale or hire of motor vehicles, caravans, boats, trailers, agricultural machinery and the like, whether or not accessories are sold or displayed there.

Note. Vehicle sales or hire premises are a type of retail premises —see the definition of that term in this Dictionary.

veterinary hospital means a building or place used for diagnosing or surgically or medically treating animals, whether or not animals are kept on the premises for the purpose of treatment.

viticulture means the cultivation of grapes for use in the commercial production of fresh or dried fruit or wine.

Note. Viticulture is a type of intensive plant agriculture —see the definition of that term in this Dictionary.

warehouse or distribution centre means a building or place used mainly or exclusively for storing or handling items (whether goods or materials) pending their sale, but from which no retail sales are made.

waste disposal facility means a building or place used for the disposal of waste by landfill, incineration or other means, including such works or activities as recycling, resource recovery and other resource management activities, energy generation from gases, leachate management, odour control and the winning of extractive material to generate a void for disposal of waste or to cover waste after its disposal.

Note. Waste disposal facilities are a type of waste or resource management facility —see the definition of that term in this Dictionary.

waste or resource management facility means any of the following:

(a) a resource recovery facility,

(b) a waste disposal facility,

(c) a waste or resource transfer station,

(d) a building or place that is a combination of any of the things referred to in paragraphs (a)–(c).

waste or resource transfer station means a building or place used for the collection and transfer of waste material or resources, including the receipt, sorting, compacting, temporary storage and distribution of waste or resources and the loading or unloading of waste or resources onto or from road or rail transport.

Note. Waste or resource transfer stations are a type of waste or resource management facility —see the definition of that term in this Dictionary.

water recreation structure means a structure used primarily for recreational purposes that has a direct structural connection between the shore and the waterway, and may include a pier, wharf, jetty or boat launching ramp.

water recycling facility means a building or place used for the treatment of sewage effluent, stormwater or waste water for use as an alternative supply to mains water, groundwater or river water (including, in particular, sewer mining works), whether the facility stands alone or is associated with other development, and includes associated:

(a) retention structures, and

(b) treatment works, and

(c) irrigation schemes. Note. Water recycling facilities are a type of sewerage system —see the definition of that term in this

Dictionary.

water reticulation system means a building or place used for the transport of water, including pipes, tunnels, canals, pumping stations, related electricity infrastructure, dosing facilities and water supply reservoirs.

Note. Water reticulation systems are a type of water supply system —see the definition of that term in this Dictionary.

water storage facility means a dam, weir or reservoir for the collection and storage of water, and includes associated monitoring or gauging equipment.

Note. Water storage facilities are a type of water supply system —see the definition of that term in this Dictionary.

water supply system means any of the following:

(a) a water reticulation system,

(b) a water storage facility,

(c) a water treatment facility,

(d) a building or place that is a combination of any of the things referred to in paragraphs (a)–(c).

water treatment facility means a building or place used for the treatment of water (such as a desalination plant or a recycled or reclaimed water plant) whether the water produced is potable or not, and includes residuals treatment, storage and disposal facilities, but does not include a water recycling facility.

Note. Water treatment facilities are a type of water supply system —see the definition of that term in this Dictionary.

waterbody means a waterbody (artificial) or waterbody (natural).

waterbody (artificial) or artificial waterbody means an artificial body of water, including any constructed waterway, canal, inlet, bay, channel, dam, pond, lake or artificial wetland, but does not include a dry detention basin or other stormwater management construction that is only intended to hold water intermittently.

waterbody (natural) or natural waterbody means a natural body of water, whether perennial or intermittent, fresh, brackish or saline, the course of which may have been artificially modified or diverted onto a new course, and includes a river, creek, stream, lake, lagoon, natural wetland, estuary, bay, inlet or tidal waters (including the sea).

watercourse means any river, creek, stream or chain of ponds, whether artificially modified or not, in which water usually flows, either continuously or intermittently, in a defined bed or channel, but does not include a waterbody (artificial).

waterway means the whole or any part of a watercourse, wetland, waterbody (artificial) or waterbody (natural).

wetland means:

(a) natural wetland, including marshes, mangroves, backwaters, billabongs, swamps, sedgelands, wet meadows or wet heathlands that form a shallow waterbody (up to 2 metres in depth) when inundated cyclically, intermittently or permanently with fresh, brackish or salt water, and where the inundation determines the type and productivity of the soils and the plant and animal communities, or

(b) artificial wetland, including marshes, swamps, wet meadows, sedgelands or wet heathlands that form a shallow waterbody (up to 2 metres in depth) when inundated cyclically, intermittently or permanently with water, and are constructed and vegetated with wetland plant communities.

wharf or boating facilities means a wharf (or any of the following facilities associated with a wharf or boating) that are not port facilities:

(a) facilities for the embarkation or disembarkation of passengers onto or from any vessels, including public ferry wharves,

(b) facilities for the loading or unloading of freight onto or from vessels and associated receival, land transport and storage facilities,

(c) wharves for commercial fishing operations,

(d) refuelling, launching, berthing, mooring, storage or maintenance facilities for any vessel,

(e) sea walls or training walls,

(f) administration buildings, communication, security and power supply facilities, roads, rail lines, pipelines, fencing, lighting or car parks.

wholesale supplies means a building or place used for the display, sale or hire of goods or materials by wholesale only to businesses that have an Australian Business Number registered under the A New Tax System (Australian Business Number) Act 1999 of the Commonwealth.

RU

1

RU

2

RU

3

RU

4

RU

5

RU

6

R1

R2

R3

R4

R5

B1

B2

B3

B4

B5

B6

B7

IN1

IN2

IN3

IN4

SP

3

RE

1

RE

2

E2

E3

E4

W1

W2

W3

N N N N N N N Y Y Y N Y N Y Y N N N N N N N N Y Y Y N N N N N

x x x x x x x x xx x x x x x x x x

o o * x x x x x x x x xo o * x x x x x x x x xo o * x x x x x x x x x* x x x x x x x x x* x x x x x x x x x* x x x x x x x x x* * x x x x x x x x x* * x x x x x x x x x

* x x x x x x x x x* * x x x x x x x x x

x x x x x c x x x* * * x x x x x x x x x

x x x x x x x x x

x c c x x x x x xc x c c x x x x x xc c c c c c x c x x x

c c c x x x x x xc c c x x x x x xc c c x x x x x x

c c c c c c c c c c x x x x x x c cc c c A c x A x x xc c c A c x A x x xc c c A c x A x x xc c c c c x c x x xc x c c x x x x x x x x xc x c c x x x x x x x x x

x x x x x x x x xA A A A A x x x x x xc c c c x x x x x xc c c c c x c x x x x x xc c c c c x c x x x x x xc x c c c c x c x x x

c c c c x c x x xc c c c x c x x x

o o o o o o o o o o x o x x x o ox x x x x x x x x

x x x x c c c c x x xx x x x c c c c x x xc c c c c c c c x x xx x x x c c c c x x xx x x x c c c c c x x x xx x x x c c c c x x x

x x x x x x x x xx x x x x x x x xx x x x x x x x x

x x x c c c c x x xx x x c c c c c x x x xx x x c c c c c x x x xx x x c c c c c x x xx x x c c c c x x x x xx x x x c c c c x x x x xx x x c c c c x x x # xx x x c c c c c x x x x xx x x c c c c c x x x x xx x x c c c c c c x x x xx x x c c c c c c x x x xx x x x c c c c c x x x x xx x x x c c c c c x x x x xx c c c c c c c c x # x cx x x x c c c c c x x x x xc c c c c c c x x x x x

c x x x x c c c c x x x x x* * x x x c c c c x x x # x

x x x x c c c x x x x xx x x c c c c x x x x x

c c c c c c c c c c c c x x x # xx x x x c c c x x x x xx x x x c c c x x x x x

x x x x c x x x xx x x x c c c x x xx x x x c c c c x x

hotel or motel accommodation

funeral homesbusiness premises [eg. banks, post offices, hairdressers, etc.]

commercial premises(LAND USE terms WITHIN commercial premises group term)

rural supplies

hardware & building supplies

plant nurseries

function centres

eco-tourist facilities

hostelsmulti dwelling housingresidential flat buildings

tourist and visitor accommodation

(LAND USE terms OUTSIDE residential accommodation group term)

rural worker's dwellingssecondary dwellingssemi-detached dwellings

dual occupancies (attached)dual occupancies (detached)

(LAND USE terms WITHIN residential accommodation group term)

animal boarding or training establishmentsfarm buildings

residential accommodationattached dwellingsboarding housesdual occupancies

forestry

Ent

erpr

ise

corr

idor

Wor

king

Wat

erw

ays

Env

ironm

enta

l con

serv

atio

n

Is the zone used? [please select Y/N for each zone]

Legend o permitted without consent [mandated under the SI]. o permitted without consent. c permitted with consent [mandated under the SI]. c permitted with consent. x prohibited [mandated under the SI]. x prohibited. A permitted under SEPP (Affordable Rental Housing) 2009. I permitted under SEPP (Infrastructure) 2007. fill colours in green or red mandated under the SI. fill colour in purple public infrastructure permitted under a SEPP.

Priv

ate

Rec

reat

ion

Nei

ghbo

urho

od c

entr

e

Loca

l cen

tre

Com

mer

cial

Cor

e

Nat

ural

Wat

erw

ays

Waterways

Tou

rist

Pub

lic R

ecre

atio

n

Rec

reat

iona

l Wat

erw

ays

Bus

ines

s P

ark

Gen

eral

Indu

stria

l

Ligh

t In

dust

rial

SP3 Recr'n Env Prot'n

Env

ironm

enta

l Man

agem

ent

Env

ironm

enta

l Liv

ing

Residential Business Industrial

Mix

ed U

se

Med

ium

Den

sity

Res

iden

tial

Hig

h D

ensi

ty R

esid

entia

l

Larg

e Lo

t Res

iden

tial

Wor

king

Wat

erfr

ont

Bus

ines

s D

evel

opm

ent

Hea

vy In

dust

rial

Rural

Tra

nsiti

on

Vill

age

Land Use Matrix [DoP version 3.0]

Prim

ary

Pro

duct

ion

Rur

al L

ands

cape

[Name of LGA] Local Environmental Plan [Year]

bee keeping

Low

Den

sity

Res

iden

tial

dairy (pasture-based)

aquacultureextensive agriculture [eg. grazing of livestocks, etc.]

agriculture

For

estr

y

Prim

ary

Pro

duct

ion

Sm

all L

ots

Gen

eral

Res

iden

tial

(LAND USE terms WITHIN agriculture group term)

turf farmingviticulture

intensive livestock agriculture [eg. poultry farms, etc.]feedlotsdairies (restricted)

intensive plant agriculture [eg. cultivation of irrigated crops]horticulture

farm stay accommodation

seniors housing

(LAND USE terms WITHIN tourist and visitor accommodation group term)

residential care facilitiesshop top housing

home businesshome occupationshome occupation (sex services)

backpackers' accommodationbed & breakfast accommodation

dwelling housesgroup homes

group homes (permanent)group homes (transitional)

landscaping material supplies

amusement centres

restaurants or cafestake-away food & drink premises

kiosks

shopsneighbourhood shops

pubs

bulky goods premises

garden centres

(LAND USE terms OUTSIDE commercial premises group term)

markets

roadside stalls

cellar door premisesfood & drink premises

serviced apartments

camping groundscaravan parks

entertainment facilities

vehicle sales or hire premisestimber yards

office premisesretail premises

(LAND USE terms OUTSIDE tourist and visitor accommodation group term)

(LAND USE terms OUTSIDE agriculture group term)

home-based child care

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R4

R5

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B3

B4

B5

B6

B7

IN1

IN2

IN3

IN4

SP

3

RE

1

RE

2

E2

E3

E4

W1

W2

W3


Ent

erpr

ise

corr

idor

Wor

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Wat

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ays

Env

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enta

l con

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atio

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Priv

ate

Rec

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ion

Nei

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entr

e

Loca

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Com

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Cor

e

Nat

ural

Wat

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Waterways

Tou

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Pub

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Rec

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Bus

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s P

ark

Gen

eral

Indu

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Ligh

t In

dust

rial


Env

ironm

enta

l Man

agem

ent

Env

ironm

enta

l Liv

ing


Mix

ed U

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Med

ium

Den

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Res

iden

tial

Hig

h D

ensi

ty R

esid

entia

l

Larg

e Lo

t Res

iden

tial

Wor

king

Wat

erfr

ont

Bus

ines

s D

evel

opm

ent

Hea

vy In

dust

rial

Rural

Tra

nsiti

on

Vill

age


Prim

ary

Pro

duct

ion

Rur

al L

ands

cape


Low

Den

sity

Res

iden

tial

For

estr

y

Prim

ary

Pro

duct

ion

Sm

all L

ots

Gen

eral

Res

iden

tial

(LAND USE terms WITHIN agriculture group term)x x x x x x x x xx x x x x x x x xx x x x c c c c c xx x x x c c c x x x xx x x x c c c x x x x x xx x x x c x x x xx x x c c c x x xx x x x c c x x x

x x x x x x x x xx x x x x x x x xx x x x x x x x xx x x x x x x x xx x x x x x x x x

x x x x x x x x x x x x xx x x x x x c x x x x x x xx x x x x x c x x x x x x xx x x x x x c x x x x x x xx x x x x c c c c c c x x x x x x xx x x x x c c c c c c x x x x x x xc c c c x c c c c c c x x x # # x xx x x x x x c c x x x x x x x

x x x x x x c x x x cx x x c x c x x xx x x c x c x x x

x x x x x x x x xx x x x x x c x x xx x x x x x x x xx x x x x x c x x x

x x x x x x x x xx x x x c c x x x

x x x x x x c c c c x xx x x x x x c c c c c c x x x x x x x

x x x x x x x x xI I I x x x x x x I I x x xI I I I I I I I I I I I I I I I I I I I I I I I I I I I I I II I I x x x x x x I I x x xI I I x x x x x x I I x x x

I I x x x x x x I I x x xI I x x x x x x I I x x xI I x x x x x x I I x x xI I x x x x x x I I I I I I x x x

x x x x x x x x xx x x x x x x x xx x x x x x x x xx x x x x x x x x

x x x x x x x x xx x x x x x x x xx x x x x x x x x


x x x c c c x x xI I I I x x x x x x I I x x x

x x x x x x c c x x xx x x x c c c c c c x x xx x x x x x x x x c

* * * * * * * c c c * c * c c * * * * * * * * c c x * *x x x x x x x x xx x x x x x x x xx x x x x x x x x c

I I I I I I I I I I c c c I I I x x x II I c I I I I I I I c c c I I I x x x I

I I I I x I I I c I I I I I I x x xI I I I x I I I x I I I I I I x x xI I I I x I I I c c c c I I I x x xI I I I c I I I c I I I I I I x x x

high technology industries

(LAND USE terms WITHIN educational establishment group term)

(LAND USE terms WITHIN health services facility group term)

(LAND USE terms OUTSIDE air transport facility group term)

(Other LAND USE terms relating to infrastructure)

stock & sale yards

storage premises(LAND USE terms WITHIN storage premises group term)

general industries

educational establishments [eg. TAFE establishment, etc.]

vehicle repair stations

liquid fuel depotsoffensive storage establishments

(LAND USE terms OUTSIDE storage premises group term)

(LAND USE terms WITHIN waste or resource management facility group term)

(LAND USE terms WITHIN sewerage system group term)

(LAND USE terms WITHIN water supply system group term)

car parks

freight transport facilities

helipad

sewage reticulation systemssewage treatment plants

(LAND USE terms WITHIN heavy industrial storage establishment group term)

schools

light industries

hazardous industry

highway service centres

heavy industrial storage establishments

self storage units

livestock processing industries

hazardous storage establishments

offensive industry

vehicle body repair workshops

(LAND USE terms OUTSIDE industry group term)

boat building and repair facilities

heavy industriesindustries

health services facilitieshospitalsmedical centreshealth consulting rooms

(Other LAND USE terms relating to community infrastructure)

airstrip

heliport

(LAND USE terms WITHIN air transport facility group term)

transport depotstruck depots

electricity generating works

port facilities

water recycling facilities

waste or resource management facilities

airport

water supply systems

resource recovery facilities

waste or resource transfer stations

water reticulation systems

warehouse or distribution centres

air transport facilities

depots

sex services premises

wholesale suppliesveterinary hospitals

(LAND USE terms WITHIN industry group term)

rural industries [eg. use of composting facilities and works]agricultural produce industries

sawmill or log processing industries

registered clubsindustrial retail outlets

home industry

(LAND USE terms WITHIN rural industry group term)

restricted premisesservice stations

wharf or boating facilities

water treatment facilities

passenger transport facilities

roads

sewerage systemsbiosolids treatment facilities

water storage facilities

waste disposal facilities

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RU

1

RU

2

RU

3

RU

4

RU

5

RU

6

R1

R2

R3

R4

R5

B1

B2

B3

B4

B5

B6

B7

IN1

IN2

IN3

IN4

SP

3

RE

1

RE

2

E2

E3

E4

W1

W2

W3


Ent

erpr

ise

corr

idor

Wor

king

Wat

erw

ays

Env

ironm

enta

l con

serv

atio

n



Priv

ate

Rec

reat

ion

Nei

ghbo

urho

od c

entr

e

Loca

l cen

tre

Com

mer

cial

Cor

e

Nat

ural

Wat

erw

ays

Waterways

Tou

rist

Pub

lic R

ecre

atio

n

Rec

reat

iona

l Wat

erw

ays

Bus

ines

s P

ark

Gen

eral

Indu

stria

l

Ligh

t In

dust

rial


Env

ironm

enta

l Man

agem

ent

Env

ironm

enta

l Liv

ing


Mix

ed U

se

Med

ium

Den

sity

Res

iden

tial

Hig

h D

ensi

ty R

esid

entia

l

Larg

e Lo

t Res

iden

tial

Wor

king

Wat

erfr

ont

Bus

ines

s D

evel

opm

ent

Hea

vy In

dust

rial

Rural

Tra

nsiti

on

Vill

age


Prim

ary

Pro

duct

ion

Rur

al L

ands

cape


Low

Den

sity

Res

iden

tial

For

estr

y

Prim

ary

Pro

duct

ion

Sm

all L

ots

Gen

eral

Res

iden

tial

(LAND USE terms WITHIN agriculture group term)c c c c c c c c c c c c c xc c c c c c c c c c c c x

x x x x x c x x xI I I I I c x c I I I I I I I I I I I x x x

x x x x x x c c x x xc c c c c c c c c x

c c c c c c c c x x xx x x c c c x x xx x x x x x x x x

c c c c c c c c c c c c c x

x x x x x x x x xx x x x x x x x xc c c c c c c c xc c c c c c c c x

x x x x x x c x x xx x x x x x x x x * *x x x x x x x x xc c c c c c c c c * * *x x x x x x c x x xx x x x x x x x x cx x x x x x x x xx x x x x x x x x

c c c c c c c c c xc x c c x c c c c c x

x x x x x x c x x xc x x x x c c c c x

x x x x x x c x x * *


* * c c c c c c c c c * * * * *c c c x x x x x xc c c x x x x x x

c x x x x x x x x xc c c c c c c c xx x x c c c x x xx x x x x x x x xopen cut mining

(LAND USE terms WITHIN signage group term)

Note 1. Zone B8 Metropolitan Centre is not included in the matrix given this zone may only be used in two nominated LGAs. Zone E1 National Parks and Nature Reserves is not included given there is no need to add any additional uses to the zone. Zones SP1 Special Activities and SP2 Infrastructure are not included given the primary uses in these zones should be annotated on the Land Zoning Map.

Note 2. A type of development referred to in the matrix is a reference to that type of development only to the extent it is not regulated by an applicable State Environmental Planning Policy (SEPP). The following SEPPs in particular may be relevant to development on land covered by this Plan: SEPP (Housing for Seniors or People with a Disability) 2004 SEPP (Infrastructure) 2007 SEPP (Mining, Petroleum Production and Extractive Industries) 2007 SEPP (Rural Lands) 2008 SEPP (Affordable Rental Housing) 2009 SEPP No 33—Hazardous and Offensive Development SEPP No 50—Canal Estate Development SEPP No 62—Sustainable Aquaculture SEPP No 64—Advertising and Signage

Important noteThis information does not constitute legal advice. Users are advised to seek professional advice and refer to the relevant legislation, as necessary.

Disclaimer: While every reasonable effort has been made to ensure that this document is correct at the time of publication, the State of New South Wales, its agencies and employees, disclaim any and all liabilityto any person in respect of anything or the consequences of anything done or omitted to be done in reliance upon the whole or any part of this document.

respite day care centres

exhibition villages

child care centres

research stations

places of public worshippublic administration building

emergency services facilitiescorrectional centrescommunity facilities

information and education facilitiesindustrial training facilities

signage

jetties

cemetery

boat launching rampsboat sheds

recreation facilities (outdoor)

mooring

recreation areas

recreation facilities (major)

advertising structurebuilding identification signbusiness identification sign

mortuaries

exhibition homesenvironmental protection works

(LAND USE terms relating to recreation)

flood mitigation worksextractive industries

(OTHER LAND USES)development which cannot be characterised into any land uses defined in the SI

charter & tourism boating facilities

marinas

environmental facilities

crematorium

(Other miscellaneous LAND USE terms)water recreation structures

recreation facilities (indoor)

mooring pens

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