ORDINANCE. LOCAL GOVERNMENT ACT, 1919. PROCLAMATION. · 2015-06-27 · “child care centre”...

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NOTE: This Ordinance has been retyped from the original copy of the Ordinance and incorporates the provisions of local environmental plans gazetted up to 4 August 2006. It has been prepared for Council’s administrative purposes. The only documents that should be relied on for comprehensiveness and accuracy are copies of environmental planning instruments certified under Section 150 of the Environmental Planning and Assessment Act 1979. At the rear of this Ordinance copies of Interim Development Orders pertaining to the City of Ryde have been provided. The only documents that should be relied upon for comprehensiveness and accuracy are the original copies of the Interim Development Orders held by Council. 1979- No. 148

NEW SOUTH WALES.

ORDINANCE.

LOCAL GOVERNMENT ACT, 1919.

[Published in Government Gazette No. 73 of 1st June, 1979]

PROCLAMATION.

(L.S.) L.W. STREET, by Deputation from His Excellency the Governor. 23rd May, 1979.

The Ryde Planning Scheme Ordinance as set out in the Schedule hereto is hereby proclaimed. (79/10091). Sydney, 1st June, 1979.

By His Excellency’s Command, PAUL LANDA,

Minister for Planning and Environment.

GOD SAVE THE QUEEN!

SCHEDULE.

TOWN AND COUNTRY PLANNING - RYDE PLANNING SCHEME ORDINANCE. LOCAL GOVERNMENT ACT, 1919: PART XIIA.

PART I.

Preliminary. Citation.

1. (1) This Ordinance may be cited as the “Ryde Planning Scheme

Ordinance”. (2) This Ordinance embodies the planning scheme prepared by the

Council in accordance with section 34(1)(a) of the Local Government (Areas) Act, 1948.

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Division of Ordinance 2. This Ordinance is divided as follows:- Part I. Preliminary - c11. 1-5. Part II. Reservation and Restriction on Use of Land - c11. 6-21. Part III . General Restrictions on Development and Use of Land -

c11.22-24. Part IV. Existing Buildings, Existing Works, and Existing Use of Land -

c11. 25-30. Part V. Consents - c11. 31-39. Part VI. General Amenity and Convenience - c11. 40, 41. Part VII. Special Provisions - c11. 42-72. Part VIII. General - c11. 73-83. SCHEDULES. Interpretation 3. (1) In this Ordinance, except in so far as the context or subject-

matter otherwise indicates or requires - Inserted G.G. No.137 05/12/1997 R.L.E.P. 82

“advertising sign” means any word, letter, image, device or representation or combination of them used for the purpose of advertising, announcement or display. It includes a structure used principally for the display of an advertising sign;

“agriculture” has the meaning ascribed to it in section 514A of the

Act “airline terminal” means a building or place used for the assembly

of passengers and goods prior to the transport of those passengers and goods either to or from an aerodrome or airport;

“appointed day” means the day upon which this Ordinance takes

effect; Inserted G.G. No 142 25/11/2005 R.L.E.P. 116

“bed and breakfast establishment” means a dwelling in which temporary overnight accommodation is provided for guests, and: (a) in which at least breakfast is offered to guests, and (b) that does not contain facilities in rooms for the preparation of

meals by guests, and (c) that is not used for the permanent or long-term

accommodation of any persons other than those, and the family of those, who operate and manage the establishment and who would normally reside in the dwelling.

“boarding-house” includes a house let in lodgings or a hostel but

does not include a motel;

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Inserted G.G. No 53 30/04/1999 R.L.E.P. 88

“brothel” means premises used for the purpose of prostitution by one or more prostitutes, or premises that are designed to be used for that purpose;

“bulk store” means a building or place used for the bulk storage of

goods, where the goods stored or to be stored are not required for use in a shop or commercial premises on the same parcel of land or on adjoining land in the same ownership;

“bus depot” means a building or place used for the servicing,

repair and garaging of buses and other vehicles used for the purposes of a bus transport undertaking;

“bus station” means a building or place used as a terminal for the

assembly and dispersal of passengers travelling by bus; “car repair station” means a building or place used for the

purpose of carrying out repairs to motor vehicles or agricultural machinery, not being -

(a) body building; (b) panel beating which involves dismantling; or (c) spray painting other than of a touching-up character; “child care centre” means a building or place used as a child care

centre within the meaning of Part VII of the Child Welfare Act, 1939;

“club” means a building used by persons associated, or by a

body incorporated, for social, literary, political, sporting, athletic or other lawful purpose whether of the same or of a different kind and whether or not the whole or a part of such building is the premises of a club registered under the Registered Clubs Act, 1976;

“commercial premises” means a building or place used as an

office or for other business or commercial purposes, but does not include a building or place elsewhere specifically defined in this clause or a building or place used for a purpose elsewhere specifically defined in this clause or for a roadside stall;

Definition omitted G.G. No. 97 20/06/1986 R.L.E.P. 30

“Commission” ............

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Inserted G.G. No. 97 20/06/1986 R.L.E.P. 30

“community facilities” means an area used to provide facilities for activities which promote the physical, cultural or intellectual welfare of persons within the community, being facilities provided by -

(a) a Council; or (b) a body of persons associated together for the purposes

of the physical, cultural or intellectual welfare of persons within the community;

“Council” means the Council of the City of Ryde; “county road” means - (a) any existing road shown on the scheme map by a

continuous red band on white between firm black lines; (b) any land shown on the scheme map by a broken red

band between broken black lines; and (c) any land shown on the scheme map by a broken red

band between a firm black line and a broken black line; “designated frontage", in relation to any land, means the frontage

of that land to - (a) a main or county road; or (b) a road connecting with a main or county road if the

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

“development” has the meaning ascribed to it in section 342T of

the Act;

“duplex building” means a single building up to 2 storeys in height that contains not more than 2 dwellings:

Inserted G.G. No. 32 17/03/1995 R.L.E.P. 72 Amended

(a) which are attached to one another; and G.G. No. 175 16/11/2001 R.L.E.P. 119

(b) each of which is designed so that its front door faces a street with which the allotment on which the building is erected has a boundary.

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“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 or group of buildings containing one but not more than one dwelling;

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

Definition Omitted G.G. No. 33 05/03/1982

“existing building” or “existing work” ..................

Definition Omitted G.G. No. 33 05/03/1982

“existing use” ........................

“extractive industry” means an industry or undertaking not being

a mine, which depends for its operations on the winning of extractive material from the land upon which it is carried on;

“extractive material” means sand, gravel, clay, turf, soil, rock, stone and similar substances;

Definition Omitted G.G. No. 19 10/02/2006 R.L.E.P. 129

“floor” ........................

“floor space” includes all wall thicknesses, ducts, vents,

staircases, and lift wells, but does not include -

(a) any car parking space in the building provided to meet the standards required by the responsible authority (but not car parking space provided in excess of those standards) or any internal access to the car parking space;

(b) space used for the loading or unloading of goods;

and

(c) lift towers, cooling towers, machinery and plant rooms and any storage space related thereto;

“forestry” includes arboriculture, silviculture, forest protection, the cutting, dressing and preparation, other than in a sawmill, of wood and other forest products and the establishment of roading required for the removal of wood and forest products and for forest protection;

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“generating works” means a building or place used for the

purposes of making or generating gas, electricity, or other forms of energy;

Inserted G.G. No. 15 03/02/1984 R.L.E.P. 15 Amended G.G. No. 19 10/02/2006 R.L.E.P. 129

“height” of a building means the distance measured vertically from any point of the ceiling of the highest storey (or if there is no ceiling, of the roof) of the building to natural ground level immediately below that point.

Amended G.G. No. 71 19/04/1985 R.L.E.P. 21

“home industry” means an industry carried on in a building (including a dwelling-house) by the permanent residents of a dwelling-house located on the same allotment of land under the following circumstances:

(a) the floor space of the portion of the building so used

does not exceed 30 square metres; (b) the industry does not - (i) interfere with the amenity of the locality by reason

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

(ii) involve exposure to view from any adjacent

premises or from any public place of any unsightly matter;

(iii) require the provision of any essential service main

of greater capacity than that available in the locality;

(iv) involve the employment of persons other than

persons permanently residing on the land concerned;

(v) involve the display of goods, whether in a window

or otherwise; or (vi) involve the exhibition of any notice, advertisement

or sign (other than a notice or sign exhibited on the dwelling- house to indicate the name and occupation of a resident);

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“home occupation” means an occupation carried on in a dwelling-

house or in a dwelling in a residential flat building by the permanent residents of the dwelling-house or dwelling which does not involve any of the following: -

(a) the registration of the building under the Factories,

Shops and Industries Act, 1962; Inserted (a1) prostitution; G.G. No. 53 30/04/1999 R.L.E.P. 88

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

(c) interference with the amenity of the neighbourhood

by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit, oil or otherwise;

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

otherwise; (e) the exhibition of any notice, advertisement or sign

(other than a notice or sign exhibited on that dwelling-house or dwelling to indicate the name and occupation of the resident);

“hospital” means a building or place used as a - (a) hospital; (b) sanatorium; (c) health centre; (d) nursing home: (e) home for infirm persons; incurable persons, or

convalescent persons, whether public or private, and includes a shop or dispensary

used in conjunction therewith but does not include an institution; “hotel” means any premises specified in a publican’s licence

issued under the Liquor Act, 1912;

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“industry” means -

(a) any manufacturing process within the meaning of the Factories, Shops and Industries Act, 1962;

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

(c) the winning of extractive material; “institution” means - (a) a building used wholly or principally as a home or other

institution for mental defectives; (b) a mental hospital; or (c) a penal or reformative establishment; “junk yard” means land used for the collection, storage,

abandonment or sale of scrap metals, waste paper, rags, bottles or other scrap materials or goods or used for the collecting, dismantling, storage, salvaging or abandonment of automobiles or other vehicles or machinery and for the sale of parts thereof;


“light industry” means an industry, not being an offensive or hazardous industry, in which the processes carried on, the transportation involved or the machinery or materials used do not interfere with the amenity of the neighbourhood by reason of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil or otherwise;

“liquid fuel depot” means a depot or place used for the bulk

storage for wholesale distribution of petrol, oil, petroleum or other inflammable liquids;

“main road” means a main road within the meaning of the Main Roads Act, 1924;


“Meadowbank Employment Area Master Plan” means the document named Meadowbank Employment Area Master Plan as compiled on 21 November 2001 and deposited in the office of the Council.

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

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“motel” means a building or buildings (other than a hotel, a

boarding-house or a residential flat building), substantially used for the overnight accommodation of travellers and the vehicles used by them whether or not the building or buildings are also used in the provision of meals to those travellers or the general public;


“motor service centre” means a development which has vehicular access to motorway only and which is designed to provide a range of goods and services related to the needs of the travelling public only and may include a multi-function convenience centre comprising a service station either with or without a car wash facility.

“motor showroom” means a building or place used for the display or sale of motor vehicles, caravans or boats, whether or not motor vehicle accessories, caravan accessories or boat accessories are sold or displayed therein or thereon;


“natural ground level” means the level of the land as if no development has taken place on the land.


“nett useable floor area” means floor space excluding the following:

(a) walls, (b) stairs, lobbies, corridors and other space permanently set

aside for circulation,

Amendment G.G.No 71 29/05/2006 R.L.E.P. 143

(c) lift wells and service ducts, (d) toilets and space permanently set aside for common

storage, (e) plant, machinery and service areas, including service

corridors and garbage areas, (f) car park ticketing booths, trolley return areas and

associated storage space, (g) kiosks, but only if temporary and designed to be readily

relocated, and placed within public circulation areas, (h) terraces, balconies or like spaces with walls less than 1.5

metres high

“offensive or hazardous industry” means an industry which, by

reason of the processes involved or the method of manufacture or the nature of the materials used or produced, requires isolation from other buildings;

“place of assembly” means a public hall, theatre, cinema, music

hall, concert hall, dance hall, open-air theatre, drive-in theatre, music bowl or any other building of a like character used as such and whether used for the purposes of gain or not, but does not

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include a place of public worship, an institution or an educational establishment;

“place of public worship” means a church, chapel or other place

of public worship or religious instruction or place used for the purpose of religious training;

“professional consulting rooms” means a room or a number of

rooms forming part of, attached to, or within the curtilage of, a dwelling-house and used by not more than 3 legally qualified medical practitioners, or by not more than 3 dentists within the meaning of the Dentists Act, 1934, who practise therein the profession of medicine or dentistry respectively, and, if more than 1, practise in partnership, and who employ not more than 3 employees in connection with that practice;

“public building” means a building used as offices or for

administrative or their like purposes by the Crown, a statutory body, a council or an organisation established for public purposes;

“public utility undertaking” means any of the following

undertakings carried on or permitted or suffered to be carried on by or by authority of any Government Department or under the authority of or in pursuance of any Commonwealth or State

Act: - (a) railway, road transport, water transport, air transport,

wharf or river undertakings; (b) undertakings for the supply of water, hydraulic power,

electricity or gas or the provision of sewerage or drainage services,

and any reference to a person carrying on a public utility

undertaking shall be construed as including a reference to a council, county council, Government Department, corporation, firm or authority carrying on the undertaking;

“recreation area” means - (a) a children’s playground; (b) an area used for sporting activities or sporting facilities;


(c) an area used to provide facilities for recreational activities which promote the physical, cultural or intellectual welfare of persons within the community, being facilities provided by –

(i) a Council; or

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(ii) a body of persons associated together for the purposes of the physical, cultural or intellectual welfare of persons within the community;

Inserted G.G.No 71 29/05/2006 R.L.E.P. 143

“reduced level” or RL means height above the Australian Height Datum,

“refreshment room” means a restaurant, cafe, tea room, eating house or the like;

“residential flat building” means a building containing 2 or more

dwellings;

Definition Amended G.G. No. 32 17/03/1995 R.L.E.P. 72

“residential flat building Class A” means a residential flat building containing 2 dwellings and includes buildings commonly known as maisonettes or semi-detached cottages;

Definition Amended G.G. No.111 12/08/1983 R.L.E.P. 11 Amended G.G. No. 19 10/02/2006 R.L.E.P. 129

“residential flat building Class B” means a residential flat building containing 2 or more dwellings in a group such as are commonly known as group houses, town houses, terrace buildings and the like, but does not include urban housing;

“road transport terminal” means a building or place used for the principal purpose of the bulk handling of goods for transport by road, including facilities for the loading and unloading of vehicles used to transport those goods and for the parking, servicing and repair of those vehicles;

“sawmill” means a mill handling, cutting and processing timber

from logs or baulks; “scheme” means the Ryde Planning Scheme embodied in this

Ordinance;

“scheme map” means the series of maps bound in a book the title sheet of which is marked “Ryde Planning Scheme” signed by the Minister for Planning and Environment and deposited in the office of the Council, or a duplicate of that book, similarly identified, deposited in the office of the Commission as amended by maps marked as follows which are deposited in the office of the council:

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Amended Date Ryde Local Environmental Plan No. G.G. No. 19 23/01/1981 Ryde Local Environmental Plan No. 1; 144 02/10/1981 Ryde Local Environmental Plan No. 2; 46 26/03/1982 Ryde Local Environmental Plan No. 3, Sheet 2; 68 21/05/1982 Ryde Local Environmental Plan No. 4, Sheet 1; 68 21/05/1982 Ryde Local Environmental Plan No. 5; 163 26/11/1982 Ryde Local Environmental Plan No. 6, Sheet 1; 129 24/09/1982 Sheet 1 of Ryde Local Environmental Plan No. 7; 179 24/12/1982 Ryde Local Environmental Plan No. 9, Sheet 1; 37 04/03/1983 Sheet 1 of Ryde Local Environmental Plan No. 10; 45 11/03/1983 Sheet 1 of Ryde Local Environmental Plan No. 12; 111 12/08/1983 Sheet 1 of Ryde Local Environmental Plan No. 13; 105 29/07/1983 Ryde Local Environmental Plan No. 14 (Sheet 1); 15 03/02/1984 Ryde Local Environmental Plan No. 15, Sheet 1; 175 14/12/1984 Ryde Local Environmental Plan No. 16, Sheet 1; 24 17/02/1984 Ryde Local Environmental Plan No. 18; 178 21/12/1984 Ryde Local Environmental Plan No. 19 (Sheet 1); 175 14/12/1984 Ryde Local Environmental Plan No. 20; 44 22/02/1985 Sheet 1, Ryde Local Environmental Plan No. 22; 60 27/03/1987 Ryde Local Environmental Plan No. 23; 103 12/07/1985 Ryde Local Environmental Plan No. 24, (Sheet 1); 62 03/04/1987 Ryde Local Environmental Plan No. 26; 15 24/01/1986 Ryde Local Environmental Plan No. 27; 94 13/06/1986 Ryde Local Environmental Plan No. 29; 20 30/01/1987 Ryde Local Environmental Plan No. 32, Sheet 1; 197 24/12/1986 Ryde Local Environmental Plan No. 33; 89 29/05/1987 Ryde Local Environmental Plan No. 34; 129 07/08/1987 Ryde Local Environmental Plan No. 35; 119 22/07/1988 Ryde Local Environmental Plan No. 36; 153 14/10/1988 Ryde Local Environmental Plan No. 38; 167 04/11/1988 Ryde Local Environmental Plan No. 39; 73 16/06/1989 Ryde Local Environmental Plan No. 40; 81 30/06/1989 Ryde Local Environmental Plan No. 41; 93 08/09/1989 Ryde Local Environmental Plan No. 42; 88 13/07/1990 Ryde Local Environmental Plan No. 44; 80 22/06/1990 Ryde Local Environmental Plan No. 45; 109 31/08/1990 Ryde Local Environmental Plan No. 46; 57 12/04/1991 Ryde Local Environmental Plan No. 47; 86 31/05/1991 Ryde Local Environmental Plan No. 48; 114 09/08/1991 Ryde Local Environmental Plan No. 49; 121 30/08/1991 Ryde Local Environmental Plan No. 50; 26 21/02/1992 Ryde Local Environmental Plan No. 51; 163 22/11/1991 Ryde Local Environmental Plan No. 52; 55 01/05/1992 Ryde Local Environmental Plan No. 53; 144 11/12/1992 Ryde Local Environmental Plan No. 54; 144 11/12/1992 Ryde Local Environmental Plan No. 56; 61 18/06/1993 Ryde Local Environmental Plan No. 58; 117 22/10/1993 Ryde Local Environmental Plan No. 59;

76 02/07/1993 Ryde Local Environmental Plan No. 60; 117 22/10/1993 Ryde Local Environmental Plan No. 61;

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119 29/10/1993 Ryde Local Environmental Plan No. 62; 127 19/11/1993 Ryde Local Environmental Plan No. 63; 83 24/06/1994 Ryde Local Environmental Plan No. 66; 83 24/06/1994 Ryde Local Environmental Plan No. 67; 99 29/07/1994 Ryde Local Environmental Plan No. 68; 63 24/05/1996 Ryde Local Environmental Plan No. 69 (Sheet 3); 65 31/05/1996 Ryde Local Environmental Plan No. 71; 76 07/11/1997 Ryde Local Environmental Plan No. 76; 11 24/01/1997 Ryde Local Environmental Plan No. 77; 47 02/05/1997 Ryde Local Environmental Plan No. 78;

152 23/10/1998 Ryde Local Environmental Plan No. 79; (West Ryde Urban Village)





159 30/09/2002 Ryde Local Environmental Plan No. 96; 135 30/08/2002 Ryde Local Environmental Plan No. 97; 29 23/07/1999 Ryde Local Environmental Plan No. 98;

126 05/11/1999 Ryde Local Environmental Plan No. 100; 141 17/12/1999 Ryde Local Environmental Plan No. 101; 111 13/07/2001 Ryde Local Environmental Plan No. 102; 139 10/12/1999 Ryde Local Environmental Plan No. 103; 88 14/7/2000 Ryde Local Environmental Plan No. 106;


(Eastwood Urban Village) 34 02/02/2001 Ryde Local Environmental Plan No. 114;

156 12/10/2001 Ryde Local Environmental Plan No. 117; 158 19/10/2001 Ryde Local Environmental Plan No. 118; 101 17/06/2002 Ryde Local Environmental Plan No. 120; 158 19/10/2001 Ryde Local Environmental Plan No. 121; 173 09/11/2001 Ryde Local Environmental Plan No. 122; 14 17/01/2003 Ryde Local Environmental Plan No. 125; 78 26/04/2002 Ryde Local Environmental Plan No. 128; 93 30/05/2003 Ryde Local Environmental Plan No. 130;


154 26/09/2003 Ryde Local Environmental Plan No. 134. 90 07/07/2006 Ryde Local Environmental Plan No. 135 9 20/01/2006 Ryde Local Environmental Plan No. 137-Macquarie Park

Corridor-Zoning 71 29/05/2006 Ryde Local Environmental Plan No 143 – Ryde Town Centre 98 04/08/2006 Ryde Local Environmental Plan No.144

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Definition Inserted G.G. No. 11 03/02/1995 R.L.E.P. 70

“serviced apartment” means a dwelling contained in a residential flat building which is used to provide short term accommodation and which is cleaned or serviced by the owner of the building or that owner’s agent;

“service station” means a building or place used for the fuelling of

motor vehicles involving the sale by retail of petrol, oils and other petroleum products whether or not the building or place is also used for any one or more of the following purposes:-

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

vehicles; (b) washing and greasing of motor vehicles; (c) installation of accessories; (d) repairing and servicing of motor vehicles involving the

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

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

“site area” means the area of land to which an application for

consent under this Ordinance relates, excluding therefrom any land upon which the development to which the application relates is not permitted by or under this Ordinance;

“stock and sale yard” means a building or place used for the

purpose of offering animals for sale and includes a public cattle market;


“storage yard” means a building or place used for the storage of goods (including materials associated with the activities of tradesmen such as builders and plumbers) but does not include a bulk store or warehouse;

Amended G.G. No. 19 10/02/2006 R.L.E.P. 129 Amendment G.G.No 71 29/05/2006 R.L.E.P. 143

“storey” means the space within a building 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 part of a building (such as a basement) that does not extend more than 1.2 metres above natural ground level

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“tavern” means premises licensed for the sale of liquor but which occupy an area not greater than 250 m2.

Inserted G.G. No. 137 03/12/1999 R.L.E.P. 87 Telecommuni- cations

“telecommunications facility” means a building or structure used to transmit or receive signals for communication (for example, a radio mast, radio tower, mobile telephone tower or satellite disc), but does not include any low-impact facility within the meaning of the Telecommunications (Low-impact Facilities) Determination 1997 of the Commonwealth;

“the Act” means the Local Government Act, 1919; “transport terminal” means a building or place used as an airline

terminal, a road transport terminal, a water transport terminal, a bus station or a bus depot;

“units for aged persons” means a residential flat building used to

house aged persons as defined in the Aged or Disabled Persons Homes Act 1954, as amended, of the Parliament of the Commonwealth, erected or to be erected by an eligible organisation as defined in that Act, the Housing Commission of New South Wales or any other Department or instrumentality of the Crown;


“urban housing” means a building containing 2 or more dwellings in which:

(a) any dwelling with a frontage to a street or road is not

more than 2 storeys in height and not attached to any other 2-storey dwelling, and all other dwellings are not more than 1 storey in height, and

(b) each dwelling has attached private open space and separate access from an unbuilt upon portion of the site.

“utility installation” means a building or work used by a public

utility undertaking, but does not include a building designed wholly or principally as administrative or business premises or as a showroom;

Inserted G.G. No.111 12/08/1983 R.L.E.P. 11 Villa Homes Omitted G.G. No. 19 10/02/2006 R.L.E.P. 129

“villa homes” ………………

“warehouse” means a building or place used for the storage of

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goods, merchandise or materials pending their sale and distribution to persons engaged in the retail trade;

“water transport terminal” means a building or place used for the

assembly and dispersal of passengers travelling by boat or for the bulk handling of goods for transport by boat, including facilities for the loading and unloading of boats used to transport those goods;

“zone” means land referred to in Column I of the Table to clause

22 and shown on the scheme map by distinctive colouring or edging or in some distinctive manner as referred to in that Column for the purpose of indicating the restrictions imposed by this Ordinance on the development and use of land.

(2) A reference in this clause to a building or place used for a

purpose includes a reference to a building or place intended to be used for the purpose.

(3) The matter “W.S .& D.” where appearing on the scheme map means “Metropolitan Water Sewerage and Drainage Board purposes”.

Land to which the scheme applies 4. This scheme applies to all land within the City of Ryde as shown on the

scheme map with boundaries as indicated on that map. Responsible authorities 5. (1) The Commission shall be the responsible authority and shall be

charged with the functions of carrying into effect and enforcing the provisions of this Ordinance relating to -

(a) the acquisition and transfer of land reserved under Division

2 or 3 of Part II for county open space or new country roads or widening of existing county roads;

(b) the relocation or alteration of the route of any county road

indicated on the scheme map; (c) controlled access roads; (d) Zone No. 5 (c); and (e) any matters in respect of which the Commission is

expressly charged with any power, authority, duty or function.

(2) The Council shall, subject to this Ordinance, be the responsible

authority and shall be charged with the functions of carrying into effect and enforcing the provisions of this Ordinance relating to any power, authority, duty or function other than a function

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specified in subclause (1).

PART II

Reservation and restriction on use of land

DIVISION 1 Application of part 6. This Part applies to land shown on the scheme map in any one of

the following ways:- (a) land coloured yellow with green edging with scarlet lettering

superimposed thereon; (b) land coloured light green; (c) land coloured light green with red edging with the letter “C” in red

superimposed thereon; (d) land coloured grey between a firm black line and a broken black

line; (e) land coloured grey between broken black lines; and (f) land shown by - (i) a broken red band between a firm black line and a broken

black line; or (ii) a broken red band between broken black lines. Interpretation: Part II 7. In this Part, except in so far as the context or subject-matter otherwise

indicates or requires - “built-up land” means all land other than vacant land; “vacant land” means land upon which immediately before the appointed

day there were no buildings or upon which the only buildings were fences, greenhouses, conservatories, garages, summer-houses, private boathouses, fuel sheds, tool-houses, cycle sheds, aviaries, milking bails, haysheds, stables, fowl-houses, pigsties, barns or the like.

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DIVISION 2 Reservation of land 8. Land specified in Column 1 of the Table to this clause is reserved for the

purposes set out opposite that land in Column 2 of the Table.

TABLE Column 1

Column 2

Indication on scheme map of land reserved

Purposes for which land is

Reserved All land coloured yellow with green edging with scarlet lettering superimposed thereon. All land coloured light green. All land coloured grey between a firm black line and a broken black line and all land coloured grey between broken black lines. All land coloured light green, with red edging with the letter “c” in red superimposed thereon.

Special use - the particular purpose shown by scarlet lettering on the scheme map. Parks and recreation. New local roads or widening of existing local roads. County open space.

Buildings, etc not to be erected without consent on reserved land 9. (1) Except as provided in subclause (2), a person shall not, on land

reserved under this Division, erect a building or carry out or alter a work of a permanent character or make or alter a permanent excavation other than a building or a permanent work or a permanent excavation required for or incidental to the purpose for which the land is so reserved and a person shall not spoil or waste land so as to render it unfit for the purpose for which it is reserved.

(2) Where it appears to the responsible authority that the purpose for

which land is reserved under this Division cannot be carried into effect within a reasonable time after the appointed day, the owner of the land may, with the consent of the responsible authority, erect a building or carry out or alter a work of a permanent character or make or alter a permanent excavation.

(3) A consent granted under this clause shall be subject to such

conditions (including conditions with respect to the removal or alteration of the building, work or excavation, or any such alteration of a work or excavation, or the reinstatement of the land or the removal of any waste material or refuse, with or without payment of compensation) as the responsible authority thinks fit.

19

(4) A consent shall not be granted under this clause in relation to land reserved for special uses (other than special uses –

parking), except with the concurrence of the Commission. (5) Nothing in this clause shall operate to prohibit the erection of a

fence on any land reserved under this Division or the erection or construction, with the consent of the responsible authority, on the land of any utility installation.

DIVISION 3

Application of Division 10. This Division applies only to vacant land.

Reservation of land 11. All land shown on the scheme map by - (a) a broken red band between a firm black line and a broken

black line; or (b) a broken red band between broken black lines, is reserved

for the purposes of new county roads or the widening of existing county roads.

Buildings, etc not to be erected on reserved land without consent 12. (1) Except as provided in subclause (2), a person shall not, on land

reserved under this Division, erect a building or carry out or alter a work of a permanent character or make or alter a permanent excavation other than a building or a permanent work or a permanent excavation required for or incidental to the purpose for which the land is so reserved and a person shall not spoil or waste land so as to render it unfit for the purpose for which it is reserved.

(2) Where it appears to the responsible authority that the purpose for

which land is reserved under this Division cannot be carried into effect within a reasonable time after the appointed day, the owner of the land may, with the consent of the responsible authority and of the Commissioner for Main Roads, erect a building or carry out or alter a work of a permanent character or make or alter a permanent excavation.

20

(3) A consent granted under this clause shall be subject to such conditions (including conditions with respect to the removal or

alteration of the building, work or excavation, or any such alteration of a work or excavation, or the reinstatement of the land or the removal of any waste material or refuse, with or without payment of compensation) as the responsible authority thinks fit, and to such conditions as the Commissioner for Main Roads requires to be imposed.

(4) Nothing in this clause shall operate to prohibit the erection of a

fence on any land reserved under this Division.

DIVISION 4

Application of Division 13. This Division applies only to built-up land shown on the scheme map by -

(a) a broken red band between a firm black line and a broken black line; or

(b) a broken red band between broken black lines. Restrictions on use

14. (1) Land to which this Division applies shall not be used without the

consent of the responsible authority for any purpose other than the purpose for which the land was used immediately before the appointed day.

(2) The erection of a building shall not be undertaken without the

consent of the responsible authority under this Division. (3) The responsible authority shall not grant its consent under this

Division without the concurrence of the Commissioner for Main Roads.

DIVISION 5

Application of Division 15. This Division applies both to vacant land and built-up land. Restriction on Use of land 16. (1) Land which is reserved under Division 2 or 3 shall not be used

without the consent of the responsible authority for any purpose

21

other than the purpose for which it was used immediately before 12 July, 1946.

(2) Nothing in subclause (1) shall prevent the use of land for a purpose other than the purpose for which it was used

immediately before 12 July, 1946, where consent to the firstmentioned use has been granted either in accordance with the terms of the Town and Country Planning (General Interim Development) Ordinance or Division 7 of Part XIIA of the Act or of an interim development order made under Division 7 of Part XIIA of the Act or the County of Cumberland Planning Scheme Ordinance.

Acquisition of land 17. (1) The owner of any land reserved under Division 2 or 3 upon

which the erection of any building or the carrying out or alteration of any work of a permanent character or the making or alteration of any permanent excavation is prohibited except for or incidental to a purpose for which the land is so reserved, or the owner of any land so reserved, in respect of which the responsible authority has refused its consent pursuant to clause 9 (2), 12 (2) or 16 (1) may, by notice in writing, require the responsible authority to acquire that land.

(2) Upon receipt of a notice referred to in subclause (1) the

responsible authority shall acquire the land to which the notice relates.

Transfer of land 18. (1) The Commission may upon such terms and conditions as may

be agreed, transfer any land which has been acquired by it in pursuance of clause 17 to such public body as the Commission thinks appropriate.

(2) The Commission may, with the consent of the Council or of any

public body or trustees, as the case may be, place any land acquired by the Commission, whether under this scheme or under the County of Cumberland Planning Scheme, for county open space, parks and recreation areas, foreshore reservations or places of natural beauty or advantage under the care, control and management of the Council, that public body or those trustees.

Schedule of proposals 19. (1) The Commissioner for Main Roads may from time to time give

notice to the Commission of a schedule of proposals in relation to proposed county roads in conformity with this scheme which the Commissioner, pursuant to any powers, authorities, duties and Functions conferred or imposed by or under any Act, proposes to

22

carry into effect. (2) Where a notice has been given to the Commission under

subclause (1), the Commission shall not thereafter incur any expense in respect of the acquisition of, or otherwise in relation to, the land which is required in connection with the proposals specified in the notice and shall, upon such terms and conditions as may be agreed, transfer to the Commissioner for Main Roads any land which has been acquired by the Commission in connection with those proposals before the receipt of the notice.

Relocation of county roads 20. (1) The Commission may, with the concurrence of the

Commissioner for Main Roads, relocate or alter the route of any county road indicated on the scheme map.

(2) The Commissioner for Main Roads may make application to the

Commission for the relocation or alteration of the route of any County road shown on the scheme map and shall indicate the Relocation or alteration required.

(3) Where the Commission proposes to relocate or alter the route of

any county road, the Commission shall - (a) notify brief particulars of the proposal in the Gazette and in

a newspaper circulating in the locality; and (b) in respect of each parcel of land affected by the proposal,

notify the person who is shown in the valuation book of the Council as the owner of the land, of the proposal by Registered letter addressed to the last known address of that person as recorded in the valuation book.

(4) A notification referred to in subclause (3) (a) or (b) shall state

that full particulars of the proposed relocation or alteration, together with a plan or aerial photograph showing the land affected thereby, may be inspected at such places as are specified in the notification and that objections against the proposal may be made in writing to the Commission on or before the date specified in the notification by any person who has an estate or interest in any such land.

(5) On or before the date specified in a notification referred to in

subclause (3) (a) or (b), any person who has an estate or interest in the land affected by the notification may make objection in writing to the Commission against the proposal of which particulars are given in the notification.

23

(6) The Commission shall consider such objections as may be received under subclause (5) and, after making any adjustments

which it considers desirable and which are concurred in by the Commissioner for Main Roads, may, with the approval of the Governor, relocate or alter the route of the county road concerned.

(7) Where the route of a county road has been relocated or altered under this clause, the Commission shall cause to be prepared 3 copies of a plan which -

(a) shows the relocation or alteration of the land which is

required for the purposes of the county road as so relocated or altered; and

(b) indicates any land which is no longer required for the

purpose of the county road as relocated or altered and the zones in which the land shall be included or the purposes for which the land shall be reserved in accordance with this Part.

(8) The copies of the plan referred to in subclause (7) shall be

sealed with the seal of the Commission and thereafter one plan shall be attached to the scheme map deposited in the office of the Commission, one shall be forwarded to the Council and the other Shall be forwarded to the Commissioner for Main Roads.

(9) The Commission shall cause to be published in the Gazette and

in a newspaper circulating in the locality notification that the route of the county road has been relocated or altered and that the copies of the plan have been forwarded to the authorities referred to in subclause (8).

(10) Upon publication of the notification referred to in subclause (9),

the provisions of Divisions 3 and 4 relating to county roads shall thereupon -

(a) cease to apply to the land shown on the plan referred to in

that notification as being no longer required for the purpose of the county road as relocated or altered and that land shall be deemed to be included in the zone indicated on that plan or reserved in accordance with the provisions of this Part and the provisions of this Ordinance relating to land included in that zone or so reserved shall apply to that land; and

24

(b) apply to any land shown on the plan referred to in that notification as being required for the purposes of the county

road as relocated or altered in all respects and to the like extent as if that land were land to which this Part applies and the provisions of Division 3 or 4 shall apply thereto in the case of vacant land and built-up land respectively and that land shall be deemed to be no longer included in a zone or reserved for purposes other than county roads and the provisions of this Ordinance relating to land included in a zone or so reserved shall cease to apply to that land.

Relocation of local roads 21. (1) In this clause, “local road” means land shown on the scheme

map coloured grey between a firm black line and a broken black line and all land coloured grey between broken black lines.

(2) The provisions of clause 20 (subclause (2) excepted) apply to

and in respect of a local road in the same way as they apply to and in respect of a county road except that, in so applying those provisions -

(a) a reference to the Commission shall be construed as a

reference to the Council ; and (b) no concurrence of the Commissioner for Main Roads shall

be required.

PART III

General Restrictions on Development and Use of Land Erection or use of building or works 22. Subject to Parts IV, V, VI and VII, the purposes - (a) for which buildings or works may be erected, carried out or

used without the consent of the responsible authority; Clause 22 (b) Amended vide G.G. No. 33 05/03/1982

(b) for which buildings or works may be erected, carried out or used only with the consent of the responsible authority, where that

consent cannot be refused, and subject to such conditions as may be imposed by the responsible authority;

(c) for which buildings or works may be erected, carried out or used

only with the consent of the responsible authority; and (d) for which buildings or works may not be erected, carried out

or used, on land within each of the zones specified in Column I of the Table to this clause are respectively shown opposite thereto in Columns II, III, IV and V of that Table.

25 TABLE

Column I Column II Column III Column IV Column V Heading to Column III of the table amended, vide G.G. No. 33 05/03/1982

Zone and colour or indication on scheme map.

Purposes for which buildings or works may be erected or carried out or used without the consent of the responsible authority.

Purposes for which buildings or works may be erected or carried out or used subject to such conditions as may be imposed by the responsible authority.

Purposes for which buildings or works may be erected or carried out or used only with the consent of the responsible authority.

Purposes for which buildings or works may not be erected or carried out or used.

2. RESIDENTIAL

*Amended G.G. No. 111 12/08/1983 R.L.E.P. 11 / Omitted G.G. No. 19 10/02/2006 R.L.E.P. 129

**Amended G.G. No. 71 19/04/1985 R.L.E.P. 21

***Amended G.G. No. 32 17/03/1995 R.L.E.P. 72

****Amended G.G. No. 53 30/04/1999 R.L.E.P. 88

(a) Residential “A”. Light scarlet. *****Amended G.G. No. 137 03/12/1999 R.L.E.P. 87 ******Amended G.G. No. 142 25/11/12005 R.L.E.P. 116 *******Inserted G.G. No. 19 10/02/2006 R.L.E.P. 129

............****** ............ Any purpose other than those referred to in Column II or V.

Agriculture**; boarding-houses; brothels****; bulk stores; caravan parks; car repair stations; car parking (other than that associated with and necessary for any purpose within Column II or IV); clubs; commercial premises; forestry; gas holders; generating works; hotels; industries (other than home industries); institutions; junk yards; liquid fuel depots; mines; motels; motor showrooms; places of assembly; refreshment rooms; residential flat buildings (other than units for aged persons not exceeding 2 storeys, *, urban housing******* or duplex buildings***); roadside stalls, sawmills; service stations; shops; stock and sale yards; storage yards**; telecommunications facilities*****; transport terminals; warehouses.

26







Inserted G.G. No. 68 21/05/1982 R.L.E.P. 5 *Amended G.G. No. 142 25/11/2005 R.L.E.P. 116

(a1) Residential “A1”. Light scarlet with dark red edging and lettered 2 (a1).

............ ............ Bed and breakfast establishments; dwelling-houses; residential flat buildings Class A; residential flat buildings Class B; swimming pools ancillary to dwellings.*

Any purpose other than those Referred to in Column IV.

*Amended G.G. No. 111 12/08/1983 R.L.E.P. 11 Villa Homes / Omitted G.G. No. 19 10/02/2006 R.L.E.P. 129 **Amended G.G. No. 142 25/11/2005 R.L.E.P. 116

(b1) Residential “B1”. Light scarlet with dark red edging and lettered 2(b1). ***Inserted G.G. No. 19 10/02/2006 R.L.E.P. 129

............** ............ Bed and breakfast establishments; child care centres; dwelling-houses**; educational establishments; **; hospitals; open space; places of public worship; residential flat buildings Class A; residential flat buildings, Class B; scout halls; swimming pools ancillary to dwellings**; units for aged persons not exceeding 2 storeys; **; urban housing***; utility installations (other than gas holders or generating works); *.

Any purpose other than those referred to in Column II or IV.

27







*Amended G.G. No. 111 12/08/1983 R.L.E.P. 11 Villa Homes / Omitted G.G. No. 19 10/02/2006 R.L.E.P. 129 **Amended G.G. No. 142 25/11/2005 R.L.E.P. 116 ***Inserted G.G. No. 19 10/02/2006 R.L.E.P. 129

(b2) Residential “B2”. Light scarlet with dark red edging and lettered 2 (b2).

............** ............ Bed and breakfast establishments; child care centres; dwelling-houses**; educational establishments; **; hospitals; open space; places of public worship; residential flat buildings Class A; residential flat buildings Class B; scout halls; swimming pools ancillary to dwellings**; units for aged persons not exceeding 2 storeys; **; urban housing***, utility installations (other than gas holders or generating works); *.


28 Column I Column II Column III Column IV Column V Heading to Column III of the table amended, vide G.G. No. 33 05/03/1982






*Amended G.G. No. 142 25/11/2005 R.L.E.P. 116

(c1) Residential “C1”. Light scarlet with dark red edging and lettered 2(c1).

............*

............

Bed and breakfast establishments; boarding houses; child care centres; dwelling-houses*; educational establishments; hospitals; open space; places of public worship; professional consulting rooms; residential flat buildings; scout halls; swimming pools ancillary to dwellings*; utility installations (other than gas holders or generating works).


29









............* ............ Bed and breakfast establishments; boarding houses; child care centres; dwelling-houses*; educational establishments; hospitals; motels; open space; places of public worship; professional consulting rooms; public buildings; residential flat buildings; scout halls; swimming pools ancillary to dwellings*; utility installations (other than gas holders or generating works).










............*

............

Bed and breakfast establishments; boarding houses; child care centres; dwelling-houses*; educational establishments; hospitals; open space; places of public worship; professional consulting rooms; residential flat buildings; scout halls; swimming pools ancillary to dwellings*; utility installations (other than gas holders or generating works).


31









............ ............ Bed and breakfast establishments; child care centres*; dwelling-houses; educational establishments; hospitals; open space; places of public worship; professional consulting rooms; residential flat buildings; scout halls; swimming pools ancillary to dwellings*; utility installations (other than gas holders or generating works).

Any purpose other than those referred to in Column IV.









............*

............

Bed and breakfast establishments; child care centres; dwelling-houses*; educational establishments; hospitals; open space; places of public worship; professional consulting rooms; residential flat buildings; scout halls; swimming pools ancillary to dwellings*; utility installations (other than gas holders or generating works).


33








(d1) Residential “D1”. Light scarlet with dark red edging and lettered 2(d1). (d2) Residential “D2”. Light scarlet with dark red edging and lettered 2(d2). (d3) Residential “D3”. Light scarlet with dark red edging and lettered 2(d3). (d4) Residential “D4”. Light scarlet with dark red edging and lettered 2(d4).

…………

…………

Bed and breakfast establishments; boarding houses*; child care centres; dwelling-houses; *; hospitals; open space; places of public worship; professional consulting rooms; public buildings; residential flat buildings; scout halls; swimming pools ancillary to dwellings*; utility installations (other than gas holders or generating works).


34








(d5) Residential “D5”. Light scarlet with dark red edging and lettered 2(d5). (d6) Residential “D6”. Light scarlet with dark red edging and lettered (d6). (d7) Residential “D7”. Light scarlet with dark red edging and lettered 2(d7).

............

............

Bed and breakfast establishments; boarding houses*; child care centres; dwelling-houses; *; hospitals; open space; places of public worship; professional consulting rooms; public buildings; residential flat buildings; scout halls; swimming pools ancillary to dwellings*; utility installations (other than gas holders or generating works).


35








(e) Residential “E”. Light scarlet with dark red edging and lettered 2(e).

............* ............ Bed and breakfast establishments; child care centres; dwelling-houses*; * ; hospitals; open space; places of public worship; professional consulting rooms; public buildings; residential flat buildings; utility installations (other than gas holders or generating works).


36







3. BUSINESS * Amended G.G. No. 71 19/04/1985 R.L.E.P. 21 **Amended G.G. No. 131 27/10/1995 R.L.E.P. 73 ***Amended G.G. No. 53 30/04/1999 R.L.E.P. 88

(a) Business General Light blue.

............ Shops referred to in Schedule 1 (other than drive-in take-away food shops) not exceeding 1,000 square metres floor space.

Any purpose other than those referred to in Column III or V.

Agriculture*; brothels***; caravan parks; car repair stations; **; gas holders; generating works; industries referred to in Schedule 3; institutions; junk yards; liquid fuel depots; mines; motels; motor showrooms; rag collecting and dealing; roadside stalls; stock and sale yards; transport terminals (other than bus stations); warehouses; wholesale markets.

37







* Amended G.G. No. 71 19/04/1985 R.L.E.P. 21 ** Amended G.G. No. 131 27/10/1995 R.L.E.P. 73 *** Amended G.G. No. 137 03/12/1999 R.L.E.P. 87

(b) Business Commercial. Light blue with dark red edging and lettered 3(b).

............ ............ Boarding-houses; clubs; commercial premises other than those used for rag collecting and dealing; **; home industries; hospitals *; open space; parking; public buildings; hotels; motels; refreshment rooms*; residential flat buildings**; service stations; shops*; storage yards*; telecommunications facilities***; utility installations (other than gas holders or generating works).


38







*Amended G.G. No. 71 19/04/1985 R.L.E.P. 21 ** Amended G.G. No. 137 03/12/1999 R.L.E.P. 87

(c1) Business Automotive. Light blue with dark red edging and lettered 3(c1).

............ ............ Auto electrician’s work shops; automotive spare parts sales; car battery supplies and repairs; car repair stations; car washing stations; drive-in take-away food shops; motels; motor showrooms; open space; parking; purposes included in Schedule 10; service stations; telecommunication facilities**; tyre sales; utility installations (other than gas holders or generating works).


** Amended G.G. No. 137 03/12/1999 R.L.E.P. 87

(c2) Business Automotive – Special. Light blue with dark red edging and lettered 3(c2).

............ ............ Motels; motor showrooms; telecommunication facilities*; open space; utility installations (other than gas holders or generating works).

Any purpose of than those referred to in Column IV.

39







* Amended G.G. No. 71 19/04/1985 R.L.E.P. 21 ** Amended G.G. No. 137 03/12/1999 R.L.E.P. 87

(d1) Business Neighbourhood. Dark blue. (d2) Business Neighbourhood. Dark blue with dark red edging and lettered 3 (d2). (d3) Business Neighbourhood. Dark blue with dark red edging and lettered 3(d3).

............ Shops referred to in Schedule 1 (other than drive-in take-away food shops) in a building or group of buildings to be used wholly or partly as shops, having a total floor space not exceeding 500 square metres; dwellings attached to and used in conjunction with those shops.

Child care centres *; commercial premises (other than rag collecting and dealing premises); drainage; dwellings attached to and used in conjunction with commercial premises; open space; places of assembly*; public buildings; purposes referred to in Schedule 2; roads; shops (other than those referred to in Column III); storage yards; telecommunications facilities***; utility installations (other than gas holders or generating works).

Any purpose of than those referred to in Column III or IV.


(e) Business Special (Restaurant and Reception Centre). Light blue with dark red edging and lettered 3(e).

............ ............ Restaurant and reception centre and any purpose ordinarily incidental or subsidiary thereto.


40







Inserted G.G. No.144 11/12/1992 R.L.E.P. 54 **Amended G.G. No. 137 03/12/1999 R.L.E.P. 87 Amended G.G. No. 9 20/01/2006 R.L.E.P. 137

(f) Business Special (Research and Development). Light blue with dark red edging and lettered 3(f).

............ ............ Any purpose which involves (as an integral aspect of the purpose) the carrying out of scientific research and development on land within this zone or within Zone No 5 (c); child care centres; film and television schools; hospitals; industries referred to in Schedule 6; laboratories; light industry; open space; public buildings; purposes set out in Schedule 12; recreation areas; research establishments; roads; telecommunication facilities; universities; utility installations (other than gas holders or generating works); warehouses.


41








(g) Business Special (Employment). Light blue with dark red edging lettered 3 (g).

............ ............ Any purpose which involves (as an integral aspect of the purpose) the carrying out of scientific research and development on land within this zone or within Zone No 5 (c); child care centres; community services; commercial premises; film and television schools; hospitals; hotels; industries referred to in Schedule 6; laboratories; light industry; open space; public buildings; purposes set out in Schedule 12; research establishments; recreation areas; refreshment rooms; roads; serviced apartments; shops (not exceeding 250 m2); taverns; telecommunication facilities; universities; utility installations (other than gas holders or generating works); warehouses.


42








(h) Business Special (Mixed Activity). Light blue with dark red edging and lettered 3 (h).

............ ............ Any purpose other than those referred to in Column V.

Brothels; caravan parks; car repair stations; gas holders; offensive or hazardous industries; industries referred to in Schedule 3; junk yards; liquid fuel depots; motor showrooms.

Inserted G.G.No71 29/05/2006 R.L.E.P. 143

(tc) Business (Town Centre). Light blue with dark blue hatching and lettered 3 (tc).

……… ………… Any purpose other than those referred to in Column V.

Agriculture; brothels; bulk stores; caravan parks; car repair stations; gasholders; industries referred to in Schedule 3; institutions; junk yards; liquid fuel depots; mines; motor showrooms; service stations; stock and sale yards; storage yards.


(uv) Business (Urban Village). Light blue and lettered 3(uv).

Shops utilising floor space for which there is a current development consent permitting the floor space to be used for shops or commercial premises.

............ Any purpose other than those referred to in Column II or V.

Agriculture; caravan parks; car repair stations; gas holders; industries referred to in Schedule 3; institutions; junk yards; liquid fuel depots, mines; motor showrooms; stock and sale yards.

43







4. INDUSTRIAL


(a) Industrial General. Purple

............ Industries referred to in Schedule 5; utility installations (other than gas holders or generating works).

Any purpose other than those referred to in Column III or IV.

Agriculture *; boarding-houses; caravan parks; commercial premises (other than banks, timber yards or rag collecting and dealing premises); dwelling-houses (other than those used in conjunction with industry and situated on the same land as the industry); educational establishments; extractive industries; hospitals; institutions; mines; motels; motor showrooms; offensive or hazardous industries; places of assembly; places of public worship; residential flat buildings; roadside stalls; shops (other than those referred to in Schedule 4); stock and sale yards.

44








(b1) Industrial Light. Light purple with dark red edging and lettered 4(b1).


Agriculture *; boarding-houses; caravan parks; *; commercial premises (other than banks, timber yards or rag collecting and dealing premises); dwelling-houses (other than those used in conjunction with industry and situated on the same land as the industry); educational establishments; hospitals; hotels; institutions; industries referred to in Schedule 3; junk yards; liquid fuel depots; mines; motels; places of public worship; residential flat buildings; roadside stalls; shops (other than those referred to in Scheduled 4); stock and sale yards.

45








(b2) Industrial Light (Restricted). Purple with dark red edging and lettered 4(b2).


Agriculture *; boarding-houses, bulk stores; bus depots; car repair stations; car parking (other than that associated with and necessary for any purpose within Column IV); caravan parks; clubs; commercial premises; dwelling-houses (other than those used in conjunction with industry and situated on the same land as the industry); educational establishments; hospitals; hotels; institutions; industries referred to in Schedule 3; junk yards; liquid fuel depots; mines; motels; motor showrooms; places of assembly; places of public worship; public buildings; refreshment rooms; residential flat buildings; road transport terminals; roadside stalls; service stations; shops; stock and sale yards; warehouses exceeding 1,500 m2 floor space*.

46








(c1) Industrial Special. Purple with dark red edging and lettered 4(c1).


Agriculture *; boarding-houses; caravan parks; *; commercial premises (other than banks, timber yards or rag collecting and dealing premises); dwelling-houses other than those used in conjunction with industry and situated on the same land as the industry; educational establishments; extractive industries; hospitals; institutions; mines; motels; motor showrooms; offensive or hazardous industries; places of assembly; places of public worship; residential flat buildings; roadside stalls; shops (other than those referred to in Schedule 4); stock and sale yards.

*4(c2) Deleted G.G. No. 158 19/10/2001 R.L.E.P. 118

4(c2) Industrial Special (Restricted)

47








(d) Industrial Special (University). Purple with dark red edging and lettered 4(d).

............ ............ Dwelling-houses used in conjunction with an industry referred to in this column and situated on the same land as the industry; laboratories; scientific and educational research establishments; industries referred to in Schedule 6; film and television schools; open space; telecommunications facilities*; utility installations (other than gas holders or generating works).


(e) Industrial

Waterfront. Purple with dark red edging and lettered 4(e).

............ ............ Boat building; industry which depends for its operation upon waterfront facilities; open space; utility installations (other than gas holders or generating works).


48







* Amended G.G. No. 137 03/12/1999 R.L.E.P. 87

5. SPECIAL USES

(a) Special uses

“A”. Yellow ............ The particular purpose

indicated by scarlet lettering on the scheme map.

Any purpose ordinarily incidental or subsidiary to a purpose referred to in Column III; drainage; open space; roads; telecommunications facilities*; utility installations (other than gas holders or generating works).

Any purpose other than those referred to in Column III or IV.

(b) Special Uses

“B” Railways. Blue-purple.

............ ............ Any purpose. ............

49







*Amended G.G. No. 93 27/07/1990 R.L.E.P. 43 **Amended G.G. No. 137 03/12/1999 R.L.E.P. 87

(c) Special Uses “C” (University). Yellow with dark red edging and lettered 5(c).

............ ............ Agriculture; drainage; dwelling-houses; hospitals; open space; places of public worship; purposes ordinarily incidental or subsidiary to university purposes; roads; service stations; telecommunications facilities**; university colleges*; university hostels; university; utility installations (other than gas holders or generating works).


6. OPEN SPACE Clause Omitted New Clause Inserted G.G. No. 97 20/06/1986 R.L.E.P. 30 * Amended G.G. No. 137 03/12/1999 R.L.E.P. 87

(a) Recreation Existing. Dark green. **Amended G.G. No. 142 25/11/2005 R.L.E.P. 116

............** ............ Community facilities; recreation areas; refreshment rooms; buildings for the purposes of landscaping, gardening or bushfire hazard reduction; telecommunications facilities*.


50







Clause Omitted New Clause Inserted G.G. No. 97 20/06/1986 R.L.E.P. 30 * Amended G.G. No. 137 03/12/1999 R.L.E.P. 87 **Amended G.G. No. 142 25/11/2005 R.L.E.P. 116

(b) Recreation Private. Dark green with yellow edging.

............** ............ Clubs; community facilities; recreation areas; refreshment rooms; buildings for the purposes of landscaping, gardening or bushfire hazard reduction; telecommunications facilities*.


Clause Omitted New Clause Inserted G.G. No. 97 20/06/1986 R.L.E.P. 30 *Amended G.G. No. 137 03/12/1999 R.L.E.P. 87

(c) Recreation Proposed. Light green with dark green edging. **Amended G.G. No. 142 25/11/2005 R.L.E.P. 116

............** ............ Community facilities; recreation areas; refreshment rooms; buildings for the purposes of landscaping, gardening or bushfire hazard reduction; telecommunications facilities*.


51

Restrictions on Buildings and works 23. Subject to Parts IV, V, VI and VII - (a) a person shall not, without the consent of the responsible

authority, erect or use a building or carry out or use a work in any zone for any purpose shown opposite that zone in Column III or Column IV of the Table to clause 22; and

(b) a person shall not erect or use a building or carry out or use

a work in any zone for any purpose shown opposite that zone in Column V of the Table to clause 22.

Restriction on use of land 24. Subject to Parts IV, V, VI, VII - (a) a person shall not, without the consent of the responsible

authority, use land included in a zone, whether forming the site of a building or not, for any purpose for which a building in the same zone may be erected or used only with the consent of the responsible authority; and

(b) a person shall not use land included in a zone, whether

forming the site of a building or not, for any purpose for which a building in the same zone may not be erected or used.

52

PART IV

Existing Buildings, Existing Works and Existing Use of Land

Continuance of existing buildings, works and land use Clause omitted vide G.G. No.139 26/09/1980

25.

Alterations and Extensions of existing buildings and works Clause omitted vide G.G. No. 33 05/03/1982

26.

Rebuilding of Existing Buildings Clause omitted vide G.G. No. 33 05/03/1982

27.

Alteration of Existing Uses Clause omitted vide G.G. No.139 26/09/1980

28.

Building or land used for more than one purpose Clause omitted vide G.G. No. 33 05/03/1982

29.

Illegally established development Clause omitted vide G.G. No.139 26/09/1980

30.

53

PART V

Consents Submission of plans Clause omitted vide G.G. No. 33 05/03/1982

31.

Advertisement of certain publications * Inserted G.G. No.71 19/04/1985 R.L.E.P. 21

32. (1) The responsible authority shall, before determining an application for its consent to carry out development on any land

within Zone No. 2(a), 2(b1), 2(b2), 2(c1), 2(c2), 2(c3), 2(c4), 2(c5), 2(d1), 2(d2), 2(d3), 2(d4), 2(d5), 2(d6) or 2 (d7) for the purpose of a child care centre, an educational establishment, a home industry *, a hospital or a place of public worship, give notice of the application in a newspaper circulating in the locality in which the development the subject of the application is proposed to be carried out.

(2) The cost of giving notice in accordance with subclause (1)

may be included in the fees, if any, fixed in respect of an application for consent under this Ordinance.

(3) A notice referred to in subclause (1) shall - (a) set out particulars sufficient to identify the land to which

the application relates and the nature of the proposed development; and

(b) allow a period of 14 days from the date of publication

during which any person may lodge with the responsible authority written objection to the proposed development on the ground that it will injuriously affect the ownership or occupation by that person of a dwelling-house, or dwelling in a residential flat building, in the vicinity.

(4) After expiry of the period allowed by a notice referred to in

subclause (1), the responsible authority shall consider the application having regard to any objections lodged in pursuance of the notice.

Consideration of applications generally Clause omitted vide G.G. No.139 26/09/1980

33.

Consideration of certain applications 34. (1) The responsible authority shall, in respect of an application

under this Ordinance for its consent or approval to the erection of a

54

building, the carrying out of work or the use of land within view of any waterway or adjacent to any county or main road, railway, public reserve or land reserved for open space or land with Zone No. 6 (a), 6 (b) or 6 (c), take into consideration the probable aesthetic appearance of the proposed building or work or that land when used for the proposed purpose and viewed from that waterway, county or main road, railway, public reserve or land so reserved or zoned.


(1A) The responsible authority shall, in respect of an application for its consent or approval to carry out development within Zone No. 6 (a), 6

(b) or 6 (c), take into consideration - (a) the need for the proposed development on that land; (b) the impact of the proposed development on the

existing or likely future use of the land; and (c) the need to retain the land for its existing or likely

future use. (2) The responsible authority shall, in respect of an application under

this Ordinance for its consent or approval to the erection or use of a hotel, motel, service station, car repair station, place of assembly or industrial premises or to the carrying out of any other development likely to cause increased vehicular traffic on any road in the vicinity of that development, take into consideration -

(a) whether adequate vehicular entrances to and exits

from the site have been provided so that vehicles using those entrances and exits will not endanger persons and vehicles using those roads;

Clause amended G.G. 201 17/12/2004 SEPP

(b) the provision of space on the site of the building or development or on land adjoining the site, other than a public

road, for the parking and standing of such number of vehicles as the responsible authority may determine; and

Clause omitted vide G.G. No. 201 17/12/2004 SEPP

(c)

(d) whether adequate space has been provided within the

site of the building or development for the loading, unloading and fuelling of vehicles and for the picking up and setting down of passengers.

Clause amended vide G.G. 201 17/12/2004 SEPP

(3) The responsible authority shall, in respect of an application under this Ordinance for its consent or approval to the erection of a

building, the carrying out of a work or the use of a building, work or land for the purpose of a transport terminal, take into consideration -

55

Clause omitted vide G.G. 201 17/12/2004 SEPP

(a)

(b) the standard of the roads in the locality in relation to

the size and the weight of the vehicles likely to use the transport terminal;

(c) traffic conditions and facilities generally in the vicinity of

the approaches to the transport terminal; (d) the entrances to and exits from the site; (e) the provision of land (other than a public road) of space

for the parking and standing of vehicles; and (f) the layout of buildings on the site in relation to - (i) the provision of space for the parking and standing of

vehicles; (ii) the provision of space for the loading, unloading

and fuelling of vehicles; and (iii) the traffic facilities within the site. (4) The responsible authority shall, in respect of an application

under this Ordinance for its consent or approval to the erection or use of a residential flat building, take into consideration any code for the erection of residential flat buildings adopted by resolution of the Council.

(5) The responsible authority shall, in respect of an application

under this Ordinance for its consent or approval to the erection of a building, the carrying out of a work or the use of land for the purpose of an extractive industry or mine, take into consideration the advisability of imposing conditions to secure the reinstatement of the land, to facilitate the removal of waste material or refuse, to secure public safety in the neighbourhood and to protect the amenity of the neighbourhood.

56

Consultation with and concurrence of the Commission Clause omitted vide G.G. No. 201 17/12/2004 SEPP

35.

Concurrence of the Minister Clause omitted vide G.G. No 201 17/12/2004 SEPP

36.

Determination of applications Clause omitted vide G.G. No. 33 05/03/1982

37. (1) .....

Clause omitted vide G.G. No.139 26/09/1980

(2) .....

Lapsing of consents Clause omitted vide G.G. No.139 26/09/1980

38. ......

Consents to be void in certain circumstances Clause omitted vide G.G. No. 33 05/03/1982

39. ......

57

PART VI

General Amenity and Convenience

Foreshore building lines 40. (1) The responsible authority may, by resolution, fix a line (in this

clause called a “foreshore building line”) in respect of any land fronting any bay, river, creek or lagoon.

(2) A foreshore building line shall, when fixed in accordance with

subclause (1), be marked upon a plan or clearly described in the resolution and the plan or resolution shall be available for inspection by the public during the office hours of the responsible authority.

(3) The responsible authority may alter or abolish any foreshore

building line (other than one referred to in subclause (5) where the levels, depth or other exceptional features of the site make it necessary or expedient to do so.

(4) Except as provided by subclause (6), a building shall not be

erected between a foreshore building line and a bay, river, creek or lagoon in respect of which the line is fixed.

(5) A line shown on the scheme map by a broken black line marked

“Foreshore Building Line” shall be deemed to be a foreshore building line fixed under this clause.

(6) The responsible authority may, after consideration of the probable

aesthetic appearance in relation to the foreshore of - (a) a proposed retaining wall; or (b) a proposed swimming pool which does not project above the

natural ground level of the land upon which it is erected, consent to its erection between the foreshore and a foreshore building line fixed in respect of land fronting the foreshore.

Preservation of trees 41. (1) Where it appears to the responsible authority that it is expedient for

the purpose of securing amenity or of preserving existing amenities it may, for that purpose and by resolution, make an order (hereinafter referred to as a “tree preservation order”) and may, by like resolution, rescind or vary the order.

58

(2) A tree preservation order may prohibit the ringbarking, cutting

down, topping, lopping, removing, or injuring or wilful destruction of any tree or trees specified in the order except with the consent of the responsible authority and any such consent may be given subject to such conditions as the responsible authority thinks fit.

(3) A tree preservation order may relate to any tree or trees or to any

specified class, type or description of trees on land described in the order and that land may be described particularly or generally by reference to the municipality or any divisions thereof.

(4) The responsible authority shall forthwith upon the making of a tree

preservation order cause notice of the making of the order to be published in the Gazette and in a newspaper circulating in the locality in which the land described in the order is situated.

(5) A person who contravenes or causes or permits to be contravened

a tree preservation order shall be guilty of an offence. (6) In any proceedings under this clause it shall be sufficient defence

to prove that the tree or trees ringbarked, cut down, topped, lopped, removed, injured or wilfully destroyed, was or were dying or dead or had become dangerous.

(7) The powers conferred upon the responsible authority by this

clause shall not extend to any trees within a State Forest or land reserved from sale as a timber reserve under the Forestry Act, 1916.

59

PART VII

Special Provisions Subdivision of land generally Inserted G.G. No. 62 03/04/1987 R.L.E.P. 28

41A. A person shall not subdivide land except with the consent of the responsible authority.

Subdivision of residential land 41B. (1) This clause applies to land within Zone No. 2(a), 2(a1), 2(b1),

2(b2), 2(c1), 2(c2), 2(c3), 2(c4), 2(c5), 2(d1), 2(d2), 2(d3), 2(d4), 2(d5), 2(d6), 2(d7) or 2 (e).

(2) The responsible authority shall not consent to the subdivision of

land to which this clause applies unless - (a) each allotment (other than a hatchet-shaped allotment)

proposed to be created by the subdivision has - (i) an area of not less than 580 square metres; (ii) frontage to a public road of not less than 10 metres;

and (iii) a width of not less than 15 metres at a distance of 7.5

metres from the alignment of the public road; and (b) each hatchet-shaped allotment proposed to be created by the

subdivision has - (i) an area of not less than 740 square metres (excluding

the area of any access corridor and of any part of the allotment that is intended to be used for the provision of access to other allotments);

(ii) frontage to a public road of not less than 3 metres;

and (iii) an access corridor that has a width of not less than 3

metres throughout the whole of its length. (3) Notwithstanding subclause (2) (b) (ii) or (iii), the responsible

authority may consent to the creation of adjoining hatchet-shaped allotments having-

(a) frontage to a public road of less than 3 metres; or

60

(b) an access corridor having a width of less than 3 metres

throughout the whole or any part of its length, if it is satisfied that adequate provision has been made for

access to each of the allotments from a public road. (4) This clause does not apply to the creation of an allotment intended

to be used solely for the erection of a utility installation. Advertising Signs

42. (1) The consent of the Council is required to display an advertising sign.


(2) An advertising sign* may only provide information about a business, industry or profession carried on where it is displayed. The information may include details about the use of the land or a building, goods manufactured or offered for sale, services offered and the name and address of the owner or occupier.

(3) The Council may consent to the display of an advertising sign that

does not comply with subclause (2) where that advertising sign is part of a structure the principal purpose of which is to provide improved safety, amenity and convenience for pedestrians, and the structure is located on or adjacent to a road.

(4) In considering an application for consent for the display of an

advertising sign, the Council must consider: (a) the effect of the sign on the amenity of the locality, including

the need to avoid visual disorder or clutter of signs; (b) the effect of the sign on the built environment or the

landscape; (c) the need for the sign and the opportunities for adequately

displaying it on the site; (d) the advertising pattern and theme in the locality and the

number of signs of the same type; (e) the effect of the sign on existing advertising signs; (f) the size and likely impact of the sign, having regard to the size

of the premises on which it is to be displayed and the scale of surrounding buildings;

(g) the effect of the sign on the safety and security of premises

and public areas; and

61

(h) the effect of the sign on the appearance, efficiency and safety

of a road, railway, waterway or other public way, having particular regard to the sign’s colour, brightness and location.

Lands used for commercial or industrial purposes 43. (1) This clause shall apply to all land having a frontage to a main or

county road used or to be used for commercial or industrial purposes, whether or not it forms the site of a building.

(2) If - (a) there is no building on the land or the only building

thereon is of a minor character - the land; or (b) the land forms the site of a building, other than one of

a minor character - then land between the road frontage and the building,

shall not be used for the storage, sale or display of goods or for

advertising purposes without the consent of the responsible authority.

Drive-in take-away food shops 44. A drive-in take-away food shop shall not be erected or used unless the

following conditions are complied with: - (a) the site area is not less than 1,000 square metres; (b) where the site has frontage to a county road or a main road - (i) that frontage is not less than 27 metres; and (ii) there is provided on the site parking space for not less than

30 motor vehicles; (c) where the site has frontage to any other road - (i) that frontage is not less than 21 metres; and (ii) there is provided on the site parking for so many motor

vehicles as the responsible authority may determine; (d) any vehicular crossing is not - (i) less than 6 metres wide; (ii) closer than 9 metres to another vehicular crossing on the site

area; or

62

(iii) closer than 8 metres to a road intersection; (e) the site is landscaped to the satisfaction of the responsible

authority; (f) the number of advertisements displayed on the site (but

outside the shop) does not exceed 2. Drive-in theatres 45. (1) A drive-in theatre shall not be erected or used unless the following

conditions are complied with:- (a) a vehicular entrance to or exit from the drive-in theatre shall

not be located within 90 metres of a county road or a main road;

(b) a vehicular driveway, at least 60 metres in length and 21

metres in width, leading from the entrance to the site of the ticket office shall be located within the site of the drive-in theatre;

(c) the screen of the drive-in theatre shall be so located or

protected that no image projected thereon shall be visible and identifiable from a county road or main road.

Clause omitted G.G. No. 201 17/12/2004 SEPP

(2)

Minimum size of allotments – Dwelling Houses and Residential Flat Buildings Omitted new clause Inserted G.G. No. 62 03/04/1987 R.L.E.P. 28

46. (1) A dwelling-house shall not be erected on an allotment of land within Zone No. 2(a), 2(a1), 2(b1), 2(b2), 2(c1), 2(c2), 2(c3), 2(c4), 2(c5), 2(d1), 2(d2),2(d3), 2(d4), 2(d5), 2(d6), 2(d7) or 2(e) unless -

(a) where the allotment is not a hatchet-shaped allotment - (i) it has an area of not less than 580 square metres; (ii) it has frontage to a public road of not less than 10

metres; and (iii) it has a width of not less than 15 metres at a distance

of 7.5 metres from the alignment of the public road; or

63

(b) where the allotment is a hatchet-shaped allotment - (i) it has an area of not less than 740 square metres

(excluding the area of any access corridor and of any part of the allotment that is used for the provision of access to other allotments);

(ii) it has frontage to a public road of not less than 3

metres; and (iii) it has an access corridor that has a width of not less

than 3 metres throughout the whole of its length. Omitted new clause inserted G.G. No. 62 03/04/1987 R.L.E.P. 28

(2) Notwithstanding subclause (1) (b) (ii) or (iii), the responsible authority may consent to the erection of a dwelling-house on each of adjoining hatchet-shaped allotments having –

(a) frontage to a public road of less than 3 metres; or

(b) an access corridor having a width of less than 3 metres

throughout the whole or any part of its length, if it is satisfied that adequate provision has been made for access

to each of the allotments from a public road. 2(a1) inserted G.G. No. 68 21/05/1982 R.L.E.P. 5 2(e) inserted G.G. No. 15 03/02/1984 R.L.E.P. 15

(3) A residential flat building Class A shall not be erected on an allotment of land within Zone No. 2(a1), 2(b1), 2(b2), 2(c1), 2(c2), 2(c3), 2(c4), 2(c5),2(d1), 2(d2), 2(d3), 2(d4), 2(d5), 2(d6), 2(d7) or 2(e) unless - (a) where the allotment has a frontage to a main or county road - (i) it has an area of not less than 840 square metres; and

(ii) it has a frontage to the road of not less than 27 metres; or

(b) where the allotment has a frontage to any other road - (i) it has an area not less than 610 square metres; and (ii) it is not less than 18 metres wide at the front alignment

of the building. 2(a1) inserted G.G. No. 68 21/05/1982 R.L.E.P. 5 *Amended G.G. No. 19 10/02/2006 R.L.E.P. 129

(4) A residential flat building (other than a residential flat building Class A, urban housing or duplex buildings)* shall not be erected on

an allotment of land within Zone No. 2(a1), 2(b1), 2(b2), 2(c1), 2(c2), 2(c3), 2(c4), 2(c5),2(d1), 2(d2), 2(d3), 2(d4), 2(d5), 2(d6), 2(d7) or 2(e) unless

64

Amended G.G. No.111 12/08/1983 R.L.E.P. 11

(a) where the allotment has a frontage to a main or county road - (i) it has an area of not less than 840 square metres; and

Zone 2(c1) Inserted G.G. No. 71 19/04/1985 R.L.E.P. 21

(ii) it has a frontage to the road of not less than 27 metres; or (b) where the allotment has a frontage to any other road -

Zone 2(e) Inserted G.G. No. 15 03/02/1984 R.L.E.P. 15

(i) it has an area of not less than 840 square metres; and (ii) it is not less than 24 metres wide at the front alignment of the building.

Duplex Buildings Inserted G.G. No. 32 17/03/1995 R.L.E.P. 72

(5) Notwithstanding subclause (1), the responsible authority may

consent to the erection of one, but not more than one, dwelling-house on vacant land (within the meaning of Part II) that comprises-

(a) the area of a lot, portion or parcel of land as it was at the appointed day; or

Clause omitted and new clause inserted G.G. No. 62 03/04/1987 R.L.E.P. 28

(b) where, as at the appointed day, a person owned 2 or more adjoining or adjacent lots, portions or parcels of land - the aggregate of the areas of those lots, portions or parcels of land as they were as at the appointed day.

Clause Omitted GG No.111 12/08/1983 RLEP 11

(6) ................................

Dwelling house -Dual Occupancy Repealed with S.R.E.P. 12 19/06/1987

46A. ..................................

Hotels 47. A person shall not erect a hotel on any allotment of land unless the

allotment -

65

(a) has an area of not less than 1.25 hectares; and (b) is not less than 50 metres wide at the front alignment of the hotel. Motels in Zone No. 2(c2) 48. (1) A person shall not erect a motel on an allotment of land within

Zone No. 2(c2) unless the allotment - (a) has an area of not less than 3,000 square metres; and (b) is not less than 50 metres wide at the front alignment of the

motel. (2) A motel on an allotment of land within Zone No. 2(c2) shall not

occupy more than - (a) in the case of a 1 storey building - 40 per cent; or (b) in the case of a building of 2 storeys - 30 per cent,

of the area of the allotment.

(3) The minimum distance of the external walls of a motel on an

allotment of land within Zone No. 2(c2) from the side boundaries and the rear boundary of the allotment shall be -

(a) where the external walls are not more than 3 metres in height

- 3 metres; or (b) where the external walls exceed 3 metres in height - 3 metres

plus one quarter of the height by which the height of the external walls exceeds 3 metres.

Minimum size of allotments – industry Amended G.G. No.158 19/10/2001 R.L.E.P. 118

49. (1) A person shall not erect or use a building for the purpose of an industry on any allotment of land, nor shall an allotment of land be used for that purpose -

(a) within Zone No. 4(a) or 4(c1) unless the allotment - (i) has an area of not less than 1,500 square metres; and (ii) has an average width of not less than 24 metres; or (b) within Zone No. 4(b1), or 4(b2) unless the allotment - (i) has an area of not less than 1,000 square metres; and

66

(ii) has an average width of not less than 21 metres. (2) Notwithstanding subclause (1), the responsible authority may

consent to the erection or use of a building or the use of land for the purpose of an industry on an allotment of land within Zone No. 4(a), 4(b1), 4(b2) or 4(c1) which was in existence as a separate allotment immediately before the appointed day.

Restrictions on excavations 50. Where immediately before 27 June, 1951, any land within Zone No. 2(a),

2(b1), 2(b2), 2(c1), 2(c2), 2(c3), 2(c4), 2(c5), 2(d1), 2(d2), 2(d3), 2(d4), 2(d5), 2(d6) or 2(d7) was used for the purpose of winning extractive materials, an excavation for that purpose shall not be made, opened or extended within 15 metres of adjoining land which is within any of those zones, and was not, immediately before 27 June, 1951, in the same ownership as the first mentioned land.

Floor space ratios 51. (1) In this clause, “building”, in relation to land within Zone No.

2(b1), 2(b2), 2(c1), 2(c2), 2(c3), 2(c4), 2(c5), 2(d1), 2(d2), 2(d3), 2(d4), 2(d5), 2(d6), or 2(d7), does not include a dwelling-house or residential flat building.

(2) Except as otherwise provided in this clause, the ratio of the total

floor space of any building within a zone specified in Column I of the Table to this clause to the site area of the land shall not exceed the ratio set out opposite the zone in Column II of the Table.

Clause omitted G.G. No 152 23/10/1998

(3) .......................

Omitted and new clause inserted G.G. No.134 19/08/1988 R.L.E.P. 25

(4) .......................

Omitted and new clause inserted G.G. No.144 11/12/1992 R.L.E.P. 54

67



Inserted G.G. No. 65 31/05/1996 R.L.E.P. 71 Omitted G.G. No. 9 20/01/2006 R.L.E.P. 137

Inserted G.G. No.144 11/12/1992 R.L.E.P. 54

(5) .......................

Amended G.G. No.144 11/12/1992 R.L.E.P. 56 Omitted G.G. No. 9 20/01/2006 R.L.E.P. 137

68

TABLE Column I Column II Zone Floor Space Ratio

3(d2)….................................................... 0.25:1 3(d3)……....................................…......... 0.31:1 3(e)…………............................................ 0.33:1

Zone 3(e) Inserted G.G. No. 45 11/03/1993 R.L.E.P. 12 2(d1) and 2(d2)……................................ 0.45:1 2(b1), 2(c3) and 3(d1)……...................... 0.5:1 2(d3) and 2(d4) .......................…............ 0.6:1 2(c)…………… ......................….............. 0.7:1 2(b2), 2(c1), 2(c2), 2(c5) and 2(d5)......... 0.75:1

3(c1), 3(c2), 4(a), 4(b1), 4(b2), 4(c1), 4(d) and 4(e).………........……...…………

1.0:1

3(a) …………......................…………...... 1.25:1

Zone 3(uv) Inserted G.G. No. 152 23/10/1998 R.L.E.P. 79 2(d6) and 2(d7) ...................................… 1.45:1 3(b) ...….................................................. 2:1 Zone 3(uv) deleted G.G. No 114 18/07/2003 R.L.E.P. 110

Zone 4(c2) deleted G.G. No. 158 19/10/2001 R.L.E.P. 118

Business (Urban Village) Zone Inserted G.G. No. 152 23/10/1998 R.L.E.P. 79

51A Development in certain urban villages (1) This clause applies to the following land:


(a) land shown edged with a broken black line on the map marked “Ryde Local Environmental Plan No 110 – Eastwood Urban Village” deposited in the office of the Council,

(b) land shown edged with a blue line on the map marked “Ryde Local Environmental Plan No 110 – West Ryde Urban Village” deposited in the office of the Council.

(2) When considering any application for consent to carry out

development of any land to which this clause applies the Council must take into consideration:

69

(a) the planning principles set out in Schedule 17, and

(b) the following objectives:

(i) to create a safe and attractive environment for pedestrians,

(ii) to create a mixed use precinct with emphasis on uses that promote pedestrian activity and safety at ground level,

(iii) to create a precinct that contains opportunities and facilities for living, working, commerce, leisure, culture, community services, education and spiritual nurture,

(iv) to increase the number of people living within walking distance of high frequency public transport services,

(v) to increase the use of public transport. (3) When preparing any development control plan relating to land to

which this clause applies, the Council must take into consideration the planning principles set out in Schedule 17.

51B Floor space ratios in West Ryde Urban Village (1) Except as provided by this clause, the ratio of the total floor space of

any buildings on a site comprised of land shown edged with a broken line on the floor space map to that site area must not exceed the maximum floor space ratio identified on that map in relation to the land.

(2) The Council may consent to development of land to which this clause

applies that results in a floor space ratio in excess of that permitted under subclause (1) if:

(a) The Council is satisfied that the development: (i) will create a safe and attractive environment for

pedestrians, and (ii) will create a mixed use precinct with emphasis on uses

that promote pedestrian activity and safety at ground level, and

(iii) will create a precinct that contains opportunities and facilities for living, working, commerce, leisure, culture, community services, education and spiritual nurture, and

(iv) will increase the number of people living within walking distance of high frequency public transport services, and

(v) will increase the use of public transport, and

70

(b) in the Council’s opinion, the development is not likely to

significantly adversely affect the operation of the surrounding local road network, and

(c) the Council has had regard to any development control plan

applying to the land. (3) In this clause: the floor space map means the map marked “Ryde Local

Environmental Plan No 110 – West Ryde Urban Village Floor Space Map” deposited in the office of the Council.

51C Height of buildings within Eastwood Urban Village The Council must not consent to the erection of a building on land shown

edged with a broken black line on the map marked “Ryde Local Environmental Plan No 110 – Eastwood Urban Village Height Map” deposited in the office of the Council if the height of the building exceeds the maximum height shown for the land on that map.

51D Development intensification restricted in special area (1) This clause applies to land identified as “Development

Intensification Restricted” and coloured red on the map marked “Ryde Local Environmental Plan No 110 – Eastwood Urban Village Special Areas Map” deposited in the office of the Council.

(2) Despite any other provision of this Ordinance, the Council must

not grant consent to the carrying out of development of land to which this clause applies that would increase the intensity of use of land unless the Council is satisfied that the extent of stormwater inundation of the land, and the access to the land, during the estimated 100 year ARI (Average Recurrence Interval) stormwater inundation event would not constitute a hazard, or increase a hazard, to persons or property.

51E Development intensification constrained in special area (1) This clause applies to land identified as “Development

Intensification Constrained’ and coloured pink on the map marked “Ryde Local Environmental Plan No 110 – Eastwood Urban Village Special Areas Map” deposited in the office of the Council.

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(2) Despite any other provision of this Ordinance, the Council must

not grant consent to the carrying out of development of land to which this clause applies that would increase the intensity of use of land unless the Council is satisfied that if any conditions to which development consent is subject were to be complied with, the extent of stormwater inundation of the land during the estimated 100 year ARI (Average Recurrence Interval) stormwater inundation event would not constitute a hazard, or increase a hazard, to persons or property.

51F Development in Ryde Town Centre Inserted G.G.No 71 29/05/2006 R.L.E.P. 143

Consent must not be granted to development on land shown coloured light yellow and edged with a broken black line on the map marked “Ryde Local Environmental Plan No 143 Ryde Town Centre” deposited in the office of Council of the City of Ryde, unless, in the opinion of the consent authority, the development is consistent with the planning principles set out in Schedule 19.

51G Development Precincts in Ryde Town Centre Inserted G.G.No 71 29/05/2006 R.L.E.P. 143

Consent must not be granted to development in a precinct identified on the map marked “Ryde Local Environment Plan No 143 Ryde Town Centre Precincts” deposited in the office of the Council of the City of Ryde, unless, in the opinion of the consent authority, the development complies with the planning controls set out in Schedule 20.


51H Maximum RL or maximum number of storeys for buildings in Ryde Town Centre

(1) Consent must not be granted to the erection of a building on land shown the map marked “Ryde Local Environment Plan No 143 Ryde Town Centre Height” deposited in the office of the Council of the City of Ryde if either both of the following applies:

(a) the highest part of the proposed building

(including antennae, roof features, lift overruns and plant) exceeds the maximum RL shown for the land on that map.

(b) the number of storeys of the proposed building

exceeds the maximum number of storeys shown for the land on that map.

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(2) Despite subclause (1), in relation to that part of Precinct 2 shown

hatched on “Ryde Local Environment Plan No 143 Ryde Town Centre Maximum RL Variation Precinct 2” deposited in the office of the Council of the City of Ryde, consent may be granted for the construction of a building that exceeds RL 91, but only if no part of the proposed building ((including antennae, roof features, lift overruns and plant) exceeds RL 105.

(3) Despite subclause (1), consent must not be granted to the erection of

a building on land shaded lightest blue on the map referred to in that subclause unless the consent authority has taken into account the impact the proposed building may have on adjoining properties.

(4) Without limiting subclause (3), when taking into account the impact a

proposed building may have on adjoining properties, the consent authority is to consider the following:

(a) overshadowing, (b) overlooking, (c) loss of privacy. (5) The provisions of State Environmental Planning Policy No 1 –

Development Standards do not apply to any development standard imposed by this clause.


51I Development of certain land in the Ryde Town Centre

Despite any other provisions of the Ordinance, consent may be granted to

the carrying out of development for the purposes of a motor showroom on land in Precincts 6, 7 and 8 (as identified on the map marked “Ryde Local Environment Plan No 143 Ryde Town Centre Precincts” deposited in the offices of the Council of the City of Ryde).


51J Development of land adjoining precinct and height boundaries

(1) This clause applies to land that: (a) is shown coloured light yellow and edged with a

broken black line on Sheet 1 of the map marked “Ryde Local Environment Plan No 143 Ryde Town Centre” deposited in the office of the Council of the City of Ryde, and

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(b) is not within any precinct identified on the map

marked “Ryde Local Environment Plan No 143 Ryde Town Centre Precincts” deposited in the office of the Council of the City of Ryde or within any height zone on the map marked “Ryde Local Environment Plan No 143 Ryde Town Centre Height” deposited in the office of the Council of the City of Ryde.

(2) Nothing in this Ordinance prevents consent being granted to the

carrying out of development on land to which this clause applies for any purpose which is permissible in an adjoining precinct.

(3) Development permitted under this clause must comply with

development standards applying to development of the same kind in the adjoining precinct.

Clause omitted G.G. No. 15 03/02/1984 R.L.E.P. 15

52. (1) …………….

(2) A person shall not erect a building on land –

Inserted G.G. No. 68 21/05/1982 R.L.E.P. 5 (a1) within Zone No. 2(a1) unless – (i) it contains not more than 2 storeys; and (ii) it does not exceed 6 metres in height; (a) within Zone No. 2(b1), 2(b2), 2(c1), 2(c2) or 2(c3) unless it

contains not more than 2 storeys; (b) within Zone No. 2(d1), 2(d2) or 2(d3) unless – (i) it contains not more than 2 storeys; and (ii) it does not exceed 8 metres in height; (c) within Zone No. 2(d4) unless – (i) it contains not more than 3 storeys; and (ii) it does not exceed 10 metres in height; or (d) within Zone No. 2(d5), 2(d6) or 2(d7) unless it does not

exceed 24 metres in height.

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Industrial use of land 53. A person shall not, within Zone No. 3(a), 3(b), 3(c1), 3(c2), 3(d1), 3(d2) or

3(d3), erect or use a building or use land for the purposes of an industry if - (a) the total floor space of the building or the part of the building so

used or proposed to be used or the total area of the land so used or proposed to be used exceeds 500 square metres; or

(b) except in respect of a car repair station or service station the site

area exceeds 1,000 square metres.

Liquid fuel depots Clause amended G.G. No. 201 17/12/2004 SEPP

54. A person shall not establish, enlarge or use a liquid fuel depot having an above ground storage capacity of 500 kilolitres or more of inflammable liquid without the prior consent of the responsible authority.

Residential flat buildings – density control 55. (1) In this clause - “floorspace” ....... “landscaped area”, in relation to a site area, means that part of the

site area not occupied by any building or buildings, except for swimming pools or open air recreation facilities, which part is predominantly landscaped by way of planting of gardens, lawns, shrubs or trees and is available for use and enjoyment by the occupants of the building erected on the site area, but does not include so much of the site area as is used for driveways, parking areas or drying yards.

“large dwelling” means a dwelling designed and constructed with 3

or more bedrooms; “medium dwelling” means a dwelling designed and constructed with

2 bedrooms;

Definition of “floor space” omitted and “large, medium & small” dwelling amended G.G. No. 71 19/04/1985 R.L.E.P. 21

“Small dwelling” means a dwelling designed and constructed with 1 bedroom or a bed-sitting room.

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(2) A person shall not erect or use a residential flat building on land within a

zone specified in Column I of the Table to this clause unless - Amended G.G. No. 68 21/05/1982 R.L.E.P. 5

(a) the site area for each small, medium or large dwelling in that residential flat building is not less than the site area (if any) specified in respect of a small, medium or large dwelling, as the case may require, opposite that zone in Column II of that Table; and

(b) there is provided in respect of each small, medium or large

dwelling in that residential flat building a landscaped area not less than the area (if any) specified in respect of a small, medium or large dwelling, as the case may require, opposite that zone in Column III of that Table.

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TABLE

Column I Column II Column III Zone in

which building is to be erected

Site area (in square

metres) for each dwelling

Landscaped area (in square

metres) For each dwelling

2(a1) 2(a1) (a) small dwelling………………... 565 280 Inserted (b) medium dwelling…………….. 565 280 G.G. No. 68 (c) large dwelling………………… 565 280 21/05/1982 2(b1) (a) small dwelling………………... 130 65 R.L.E.P. 5 (b) medium dwelling…………….. 180 90 (c) large dwelling………………… 270 135 2(b2) (a) small dwelling………………... 100 50 (b) medium dwelling……………... 150 75 (c) large dwelling………………… 220 110 2(c1)} (a) small dwelling………………... 100 50 2(c2)} (b) medium dwelling…………….. 160 60 2(c3)} (c) large dwelling………………… 220 90 2(c4) (a) small dwelling………………... 90 30 (b) medium dwelling…………….. 120 50 (c) large dwelling………………… 170 70 2(c5) (a) small dwelling………………... 70 30 (b) medium dwelling…………….. 100 40 (c) large dwelling………………… 130 50 2(d1) (a) small dwelling………………... 140 75 (b) medium dwelling…………….. 196 104 (c) large dwelling………………… 268 145 2(d2) (a) small dwelling………………... 135 75 (b) medium dwelling…………….. 196 104 (c) large dwelling………………… 262 145 2(d3) (a) small dwelling………………... 91 43 (b) medium dwelling…………….. 137 60 (c) large dwelling………………… 183 86 2(d4) (a) small dwelling………………... 90 45 (b) medium dwelling…………….. 133 62 (c) large dwelling………………… 178 88 2(d5) (a) small dwelling………………... 76 46 (b) medium dwelling…………….. 111 67 (c) large dwelling………………… 152 93 2(d6) (a) small dwelling………………... 45 25 (b) medium dwelling…………….. 58 30 (c) large dwelling………………… 90 45 2(d7) (a) small dwelling………………... 45 25 (b) medium dwelling…………….. 57 30 (c) large dwelling………………… 90 45

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Residential flat buildings – parking

56. (1) In this clause, “parking space” means an unobstructed area suitable for the parking of a motor vehicle, being an area having dimensions -

Amended G.G. No.111 12/08/1983 R.L.E.P. 11 Villa Homes (a) not less than 5.5 metres by 2.5 metres, where there is no wall,

fence, post or other obstruction situated on, or within 0.5 metres outside, either of the 2 longest sides of the space which, in the opinion of the Council, would interfere with the opening of the doors of a motor vehicle parked on the space; or

(b) in any other case, not less than 5.5 metres by 3 metres and to

which proper vehicular access is provided. Omitted new clause inserted G.G. No. 58 05/04/1994 R.L.E.P. 64 *Amended G.G. No. 19 10/02/2006 R.L.E.P. 129

(2) A residential flat building (other than urban housing or duplex buildings)* shall not be erected or used unless provision is made within the site for parking spaces, in accordance with the following rates:

(a) in respect to a site within 400 metres of Victoria Road, Epping Road or a railway station:


(i) 1 parking space for each 1 bedroom dwelling; (ii) 1.2 parking spaces for each 2 bedroom dwelling; (iii) 1.6 parking spaces for each 3 or more bedroom

dwelling; and (iv) 1 parking space for each 4 dwellings, for visitor

parking; and (b) in respect to a site other than a site identified in paragraph

(a): (i) 1 parking space for each 1 bedroom dwelling; (ii) 1.4 parking spaces for each 2 bedroom dwelling; (iii) 1.6 parking spaces for each 3 bedroom dwelling; and (iv) 1 parking space for each 4 dwellings, for visitor

parking.

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(3) In the case of units for aged persons, there shall be provided such

parking space as the responsible authority may require having regard to the location of the building in relation to public transport and the availability of alternative car parking facilities, but so that there shall be provided not less than 1 parking space for each 10 flats and the responsible authority does not require the provision of more than 1 parking space for each 5 flats.


56A. Urban housing The Council is not to consent to the erection of urban housing on

land within Zone No 2 (a) unless the site area for the building is comprised of not less than:

(a) 300m2 for each 1, 2 or 3 bedroom dwelling, and (b) 365m2 for each 4 or more bedroom dwelling.

56A. (1) ………………


“height” ………………

“landscaped area” ……………… “parking space” ……………… Deleted G.G. No. 32 17/03/1995 R.L.E.P. 72

“single row development” ..................

Deleted G.G. No. 32 17/03/1995 R.L.E.P. 72

“dual row development” ...................


(2) ...................................

(3) .................................. (4) ..................................

79


(5) ...............................

(6) ...............................

Parking requirement for 3 bed amended G.G. No. 58 15/04/1994 R.L.E.P. 64 Clause 56A Omitted G.G. No. 19 10/02/2006 R.L.E.P. 129

Inserted G.G. No.111 12/08/1983 R.L.E.P. 11 Omitted G.G. No. 19 10/02/2006 R.L.E.P. 129

56B. (1) ...............................

(2) ............................... Inserted G.G. No.111 12/08/1983 R.L.E.P. 11 Omitted G.G. No. 19 10/02/2006 R.L.E.P. 129

56C. ...............................

Inserted G.G. No.111 12/08/1983 R.L.E.P. 11 Omitted G.G. No. 19 10/02/2006 R.L.E.P. 129

56D. ...............................

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Duplex buildings

56E. (1) In this clause:

Inserted G.G. No. 32 17/03/1995 R.L.E.P. 72 “floor space” means the sum of the areas of each floor of a

dwelling, where the area of each floor is taken to be the area within the outer face of the external enclosing walls (as measured at a height of 1400 millimetres above each floor level), excluding columns, fin walls, awnings or similar devices and any elements, projections or works outside the general line of the outer face of the external wall and includes the area of any carport or garage;

“floor space ratio” means the ratio of the floor space of all the

dwellings on an allotment to the area of the allotment on which those dwellings are situated.


(2) The Council must not consent to an application made to erect a duplex building on an allotment of land within Zone No. 2(a) unless the allotment of land upon which it is to be erected has an area of not less than 580 square metres.

(3) The Council must not consent to an application made to erect a

duplex building on an allotment of land within Zone No. 2(a) unless the floor space ratio of dwellings on the land will not be more than 0.5:1.

(4) The Council must not consent to an application made to erect a

duplex building unless it is satisfied that adequate arrangements have been made for the disposal of sewage and stormwater from each dwelling.

Subdivision of duplex buildings

56F. (1) A person may, with the consent of Council, subdivide a duplex building.

Inserted G.G. No. 32 17/03/1995 R.L.E.P. 72 (2) The Council must not grant consent to such a subdivision unless

the consent relates to land on which there is an existing duplex building or to land in respect of which the Council grants consent at the same time for a duplex building on the allotment to be affected by the subdivision.

(3) To the extent necessary to give effect to subclause (2), the

separate occupation of the proposed lots illustrated in a proposed strata plan is prohibited.

(4) This clause does not allow an allotment of land created by a

subdivision consented to in accordance with this clause to be further subdivided or a building erected on such an allotment to be subdivided.

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Restriction on subdivision of duplex buildings Inserted G.G. No. 26 01/03/1996 R.L.E.P. 74

56FA. (1) On and after the day on which Ryde Local Environmental Plan No. 74 commences, consent must not be granted for a subdivision which creates separate allotments for each of the two dwellings comprising a duplex building resulting from development carried out in accordance with clause 56E.

(2) The separate occupation of the proposed lots illustrated by a

proposed strata plan relating to the two dwellings comprising a duplex building resulting from development carried out in accordance with clause 56E is prohibited.

(3) This clause does not apply to prohibit the subdivision of villa

homes resulting from development carried out in accordance with clause 56A.

(4) This clause does not apply to any two dwellings resulting from

development carried out pursuant to a consent: (a) granted in accordance with clause 56E later than 14 days after

Ryde Local Environmental Plan No. 74 was first exhibited under the Act, but only if the application for the consent was made before the expiration of that 14-day period; or

(b) granted in accordance with clause 56E on or after 17 March

1995 and before the expiration of that 14-day period; or (c) granted before 17 March 1995 in accordance with Sydney

Regional Environmental Plan No. 12 - Dual Occupancy and Part 2 of State Environmental Planning Policy No. 25 -Residential Allotment Sizes and Dual Occupancy Subdivision; or

(d) granted on or after 17 March 1995 in accordance with Sydney

Regional Environmental Plan No. 12 - Dual Occupancy and Part 2 of State Environmental Planning Policy No. 25 – Residential Allotment Sizes and Dual Occupancy Subdivision as continued in force for certain development applications made before that date by clause 8 (Saving of certain development applications) of Ryde Local Environmental Plan No. 72.

Further residential development after subdivision requires Council consent Inserted G.G. No. 32 17/03/1995 R.L.E.P. 72

56G. A person may, but only with the consent of the Council, carry out development (other than subdivision) for the purposes of a dwelling on an allotment of land created by a subdivision consented to in accordance with clause 56F.

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Suspension of certain provisions, covenants, etc Inserted G.G. No. 32 17/03/1995 R.L.E.P. 72

56H. (1) For the purposes of enabling development for the purpose of duplex buildings, including the subdivision of duplex buildings, any agreement, covenant or like instrument imposing restrictions as to the erection or use of more than one dwelling-house or dwelling on an allotment of land, as to the use of land for that purpose, as to the persons who may occupy a dwelling-house or dwelling, or as to the size of the dwelling-house or dwelling, to the extent necessary to serve that purpose do not apply to that development.

(2) Pursuant to section 28 of the Act, before the making of subclause

(1), the Governor approved of the subclause. Inserted G.G. No. 26 01/03/1996 R.L.E.P. 74

(3) This clause does not apply to a subdivision prohibited by clause 56FA.

Building lines along main or county roads 2(e) Inserted G.G. No. 15 03/02/1984 R.L.E.P. 15

57. (1) Development for the purposes of a residential flat building shall not be carried out on land within Zone No. 2(b1), 2(b2), 2(c1), 2(c2), 2(c3), 2(c4), 2(c5), 2(d1), 2(d2), 2(d3), 2(d4), 2(d5), 2(d6), 2(d7) or 2(e) -


(a) where vehicular access to the site of the building is obtained from a main or county* road – closer than 12 metres to that road; or

(b) where vehicular access to the sites of the building is not so

obtained - closer than 9 metres to a main or county road. (2) Development (other than landscaping) shall not be carried out

within 18 metres of the alignment of that part of the proposed county road shown between the points marked X and Y on Sheet 1 or between the points marked X and Y on Sheet 2 of the scheme map.

(3) A building to be used for industrial purposes shall not be erected

within – (a) 30 metres of the alignment of Epping Road, Lane Cove Road

or that part of the proposed county road referred to in subclause (2); or

(b) 15 metres of the alignment of a county road other than the

roads referred to in paragraph (a).

83

Closing of roads 58. (1) The responsible authority shall, as soon as practicable after the

appointed day and within a period of 10 years after that day, apply for the approval of the Governor to publish a notice of resumption of any land comprised in a road or part of a road shown on the scheme map by closely spaced blacked diagonal lines superimposed on a colour and upon the granting of that approval at once proceed to resume the land.

(2) Upon applying for approval under subclause (1), the responsible

authority shall forthwith forward by registered post to each owner and occupier of land adjoining or abutting upon the land to be resumed a notice that the purpose of the resumption is to close a road or part of a road and to include the land comprising the road or part in the particular zone or reservation indicated by the colour on which the black diagonal hatching is superimposed.

(3) Upon resumption, the land resumed shall be deemed to be

included in the zone or reservation indicated by that colour referred to in subclause (2).

(4) Where the land is deemed to be included in a zone or reservation

in pursuance of subclause (3) and the responsible authority decides to sell or lease the land, it shall give to the owners of the adjoining lands first option of purchase or lease, as the case may be, of parts of the land in fair proportion.

(5) The responsible authority shall not approve of any plan of

subdivision of land if the only access to a road of any parcel proposed to be created thereby is to a road marked by black diagonal hatching on the scheme map.

Controlled access roads 59. (1) The Governor may proclaim any county road or any part of a

county road to be a controlled access road and in the like manner amend or revoke any such proclamation.

(2) A copy of a proclamation made under subclause (1) shall be

published in the Gazette and in a newspaper circulating in the locality in which the controlled access road is situated and shall be served on the responsible authority.

(3) A person shall not enter or leave a controlled access road except

by a means of access or route provided for that purpose.

84


(4)


(5)


(6)

(7) The responsible authority may erect and maintain fences or posts

across any side road or other means of access for the purpose of preventing access to a controlled access road.

(8) A person shall not drive any animals on or along a controlled

access road. (9) The provisions of this clause shall not apply to or in respect of any

main road which is proclaimed a motorway under Part VAA of the Main Roads Act, 1924.

Restriction of ribbon development 60. (1) This clause applies to any main or county road or to any part of a

main or county road to which road or part this clause is applied by the Governor by proclamation.

(2) For the purpose of subclause (3) “building” has the meaning

ascribed to it in section 342G (3) (b) of the Act. (3) The Governor, in respect of any land fronting, joining or adjacent

to a road to which this clause applies, may by proclamation - (a) prohibit the erection of buildings or any specified class of

buildings or buildings intended for use for specified purposes within such distance of the road as may be set out in the proclamation;

85

(b) direct that, in respect of the erection of buildings or any

specified class of buildings or buildings intended for use for specified purposes within such distance of the road as may be set out in the proclamation, unless the Commission certifies to the responsible authority that it is satisfied that either -

(i) the character of the building or the use to which the

building is to be put is such as not to be likely to cause traffic congestion on the road; or

(ii) satisfactory arrangements have been made for

limiting traffic congestion on the road, the responsible authority shall as a condition of its consent to the erection of any such building require the provision and maintenance of such entrances and exits and of such accommodation for the loading or unloading or parking of vehicles or picking up and setting down of passengers or the fuelling of vehicles as may be determined by the Commission for the purpose of limiting traffic congestion;

(c) prohibit the making of any permanent excavation within such

distance of the road as may be set out in the proclamation; and

(d) prohibit the subdivision of any land which provides for the

creation of separate parcels of land with a length of frontage to the road less than that specified in the proclamation.

(4) A proclamation made under subclause (3) - (a) may apply generally to all buildings or to all buildings other

than those mentioned in the proclamation or particularly to any specified class of buildings or buildings intended for use for specified purposes; and

(b) may specify different distances for different buildings or for

different classes of buildings or buildings intended for use for different purposes or different distances for different roads or different distances for different parts of the same road.

(5) A proclamation made under subclause (3) shall be published in the

Gazette. (6) A copy of a proclamation made under subclause (3) shall be

published in a newspaper circulating in the locality in which the road is situated and shall be served on the responsible authority.

86

(7) Upon the publication of a proclamation made under subclause (3),

the operation of any instrument giving consent or approval under Part XIIA of the Act to the erection of a building or the making of a permanent excavation or the subdivision of land which, if erected, made or carried out after the publication of the proclamation would be in contravention thereof, shall be deemed to have been suspended to the extent of its inconsistency with this clause but the suspension shall not prevent the completion of the erection of a building or the making of a permanent excavation which was substantially commenced but not completed before the publication of the proclamation.

Opening of roads Clause omitted G.G. No. 201 17/12/2004 SEPP

61. (1)

(2) In respect of any application for consent to open a public road or

other means of access forming a junction or intersection with a main road, the responsible authority shall take into consideration -

(a) the treatment of the junction or the intersection and its location

having regard to town and country planning principles and to the safety and convenience of the public; and

(b) the effect of opening the road or other means of access on the

development of the locality. Alignment of main roads 62. The Council shall not, without the approval of the Commissioner for Main

Roads, cause to be aligned or realigned any main road or any other roads which the Commissioner for Main Roads has notified as a proposed main road.

Roads Uncoloured – development thereon 63. Where a public road shown uncoloured on the scheme map or part of such

a road is lawfully closed, no development shall be carried out on the road so closed without the consent of the responsible authority and the concurrence of the Commission.

Service stations or car repair stations 64. (1) A building or work shall not be erected or used and land shall not

be used for the purpose of a service station or car repair station unless -

87

(a) the site is more than 90 metres from the junction or

intersection of a Main or county road with another main or county road;

Clause omitted G.G. No 201 17/12/2004 SEPP

(b) (i)

(ii) where the site is not a corner lot, the frontage to the road is not less than 38 metres, or, where the site is a corner lot, the frontage to the road is not less than 30 metres;

(c) where the site has frontage to a road other than a main or

county road, the frontage is not less than 30 metres; (d) the width of a vehicular crossing over a footpath is not more

than 9 metres; (e) any vehicular crossing over a footpath is not closer than 6

metres to a road intersection; (f) separate entrances to and exits from the site are provided and

those entrances and exits are separated by physical barriers constructed on the road alignment and so identified by suitable signs readily visible to persons using the adjoining road or entering upon or leaving the site; and

(g) where the site is a corner lot and the responsible authority so

requires, separate entrances and exits are provided to and from each of the adjoining roads and a physical barrier is erected so that a vehicle entering the site must, when leaving it, use an exit leading only to the road from which entrance was gained.

(2) A building or work shall not be erected or used, and land shall not

be used, for the purpose of a service station unless, in addition to the other requirements of this clause -

(a) inlets to bulk fuel storage tanks are so situated on the site as

to ensure that tankers, while discharging fuel into such tanks, shall stand wholly within the site;

(b) fuel pumps are within the site and not closer than 3 metres to

the road alignment; (c) the layout of the site is such as to facilitate the movement of

vehicles entering upon or leaving the site with the flow of traffic on the adjoining road;

88

(d) vehicular access to or from the site from or to an adjoining

road is situated not closer than 24 metres to any traffic lights on the road; and

(e) the site is landscaped to the satisfaction of the responsible

authority. Junk Yards 65. A junk yard shall not be established within 90 metres of any main or county

road. Reclamation 66. A person shall not carry out development on any land - (a) below high water mark; (b) forming part of the bed of a bay, river, creek or lagoon or

other natural watercourse shown uncoloured on the scheme map; or

(a) which has been reclaimed

without the consent of the responsible authority.

Vehicular Access 67. (1) Vehicular access to a main or county road - (a) shall not be permitted from any land within Zone No. 3(c2); (b) shall not, without the consent of the responsible authority, be

permitted from any land within Zone No. 2(c1), 2(c2), 2(c5), 2(d1), 2(d2), 2(d3), 2(d4), 2(d5), 2(d6) or 2(d7).

(2) The responsible authority shall give its consent under subclause (1)

only where it is satisfied that attempts to achieve vehicular access otherwise than to a main or county road have been made, but are unsuccessful.

(3) New means of vehicular access shall not be opened, constructed,

formed, laid out or used from any land to - (a) Lane Cove Road; (b) any land shown on Sheet 1 of the scheme map as being

reserved for the purpose of a proposed county road (other than the proposed county road passing through Welby Street to Epping Road); or

89

(c) any land shown on sheet 2 of the scheme map as being reserved for the purpose of a proposed county road.

Development within Zone No. 4(d) 68. (1) Development which may be carried out within Zone No. 4(d) shall

comply with this clause. (2) A building shall not be built on an allotment of land within Zone

No. 4(d) unless the building - (a) is not less than 30 metres from an existing or proposed

alignment of a main or county road; (b) is not less than 30 metres from land reserved for a main or

county road; (c) is not less than 15 metres from the alignment of any other

road or land reserved for any other road; (d) is not less than 15 metres from the side boundaries of the

allotment; and (e) does not cover more than 35 per cent of the site area of the

allotment. Amended G.G. No. 85 17/06/1983 R.L.E.P. 17

(3) For the purposes of subclause 2(e), where any part of the frontage of an allotment of land to Waterloo Road between Lane Cove Road and Shrimptons Creek has been acquired by the Council for the purpose of road widening (not being land which was zoned for that or a similar purpose under Interim Development Order No. 13 - Municipality of Ryde as in force at any time before 27 January, 1978 or under Interim Development Order No. 9 - Municipality of Ryde as so in force), the site area of the allotment shall be deemed to include that part.


(4) The maximum amount of off-street parking that may be Provided within Zone No 4 (d) is 1 parking space for each 46m2 of nett useable floor area of the buildings on the land

within the zone. (4A) Subclause (4), as repealed and remade by Ryde Local

Environmental Plan No 127, does not apply to any development application that was lodged with the Council before 28 November 2001. All such development applications are to be assessed for car parking as if

subclause (4) had not been repealed and remade. (5) An allotment of land within Zone No. 4(d) shall be landscaped to

the satisfaction of the responsible authority.

90

Omitted G.G. No. 71 19/04/1985 R.L.E.P. 21 New clause inserted G.G. No. 73 16/06/1989 R.L.E.P. 40

(6) The responsible authority shall not consent to the carrying out of development for industrial purposes on Lot 2, DP 578717, known as 43-61 Waterloo Road, North Ryde unless it is of the opinion that, having regard to any increased road traffic resulting from the development, satisfactory arrangements have been made to maintain the existing level of service of the surrounding road network.

Provision for supply of water and sewerage Omitted G.G. No. 9 20/01/2006 R.L.E.P. 137

69. ………………

Provision for supply of water and sewerage on land within Zone No. 2(d1),

etc 70. The responsible authority shall not consent to the carrying out of

development for residential purposes on any land within Zone No. 2(d1), 2(d2), 2(d3), 2(d4), 2(d5), 2(d6) or 2(d7) until arrangements satisfactory to the responsible authority have been made for the provision to that land of water and sewerage services.

Brothels Inserted G.G. No. 53 30/04/1999 R.L.E.P. 88

70A (1) The use of land to which this Ordinance applies (except land within Zone No. 4 (a), 4 (b1), 4 (b2), 4 (c1) or 4 (c2)) for the purpose of a brothel is prohibited.

(2) Despite any other provision of this Ordinance, development for the

purpose of a brothel may be carried out on land within Zone No. 4 (a), 4 (b1), 4 (b2), 4 (c1) or 4 (c2), but only with the consent of the Council.

(3) In considering an application for consent for a brothel, the Council

must take into consideration such matters as are outlined in any development control plan adopted by the Council that deals with the subject of brothels.

Portion 507 and Lot 3, Portion 809 Parish of Hunters Hill 71. The responsible authority shall not consent to the carrying out of

development for residential purposes on Portion 507 Parish of Hunters Hill or Lot 3 in Part Portion 509 Parish of Hunters Hill until it is of the opinion that satisfactory provision has been made for an access corridor approximately 6 metres wide over Portion 507 to Lot 3 in Part Portion 809.

91

Inserted G.G. No.157 19/11/1982 R.L.E.P. 8 Ryde RSL Club extensions

71A. Nothing in this Ordinance prevents a person, with the consent of the responsible authority, from erecting additions to the existing licensed club premises situated on the land shown by red edging on the map marked “Ryde Local Environmental Plan No. 8”, deposited in the office of the council, and from using those additions for the purposes of that existing licensed club, where the ratio of the total floor space of any building or buildings (including those additions) erected on the land to the site area of the land shall not exceed the ratio of 0.41:1.

Development on certain land – Victoria Road Inserted G.G. No.105 29/07/1983 R.L.E.P. 14

71B. (1) This clause applies to the land being Part lot 4, DP 5873, lot 3, DP 443926 and lot 2, DP 443925, and known as 691-695 Victoria Road, Ryde, as shown by distinctive colouring and edging on the map marked “Ryde Local Environmental Plan No. 52” deposited in the office of the council.

Clause omitted new clause inserted G.G. No.163 22/11/1991 R.L.E.P. 52

(2) Notwithstanding any other provision of this Ordinance, the council shall not consent to the carrying out of development on land to which this clause applies unless the council is satisfied that:

(a) the development will be carried out in conjunction with

development carried out on the adjoining allotment, being lot 17, DP 777986; and

(b) the land to which this clause applies and lot 17, DP 777986,

will all be consolidated to form one allotment within 12 months after the first grant of a development consent made by the council in respect of the land to which this clause applies after the commencement of Ryde Local Environmental Plan No. 52.


71C. (1) This clause applies to Lots 10-13, DP 264285, and known as Nos. 385-395 Victoria Road, Gladesville.

(2) Notwithstanding any other provision of this Ordinance, the

Council may consent to the carrying out of development for the purposes of a drive-in take-away food shop on the land to which this clause applies.


71D. (1) This clause applies to the land in Zone No. 2(c1), as shown by distinctive colouring and edging on the map marked “Ryde Local Environmental Plan No. 53” deposited in the office of the council.

92

(2) Notwithstanding any other provision of this Ordinance, the council

shall not consent to the carrying out of development on land to which this clause applies unless the council is satisfied that:

(a) the land to which this clause applies will be consolidated to

form one allotment within 12 months after the first grant of a development consent made by the council in respect of the land to which this clause applies after the commencement of Ryde Local Environmental Plan No. 53; and

(b) vehicular access to the land to which this clause applies is

obtained solely from Princes Street. Inserted G.G. No 127 22/10/1992 R.L.E.P. 57

71E. (1) This clause applies to land being Lot 6, DP 8097, and known as 877 Victoria Road, West Ryde.


Council may consent to the carrying out of development for the purposes of a motor showroom on the land to which this clause applies provided that such development will be carried out in conjunction with development carried out on the adjoining allotments, being lots 7, 8 and part lot 9, DP 8097.

Development of certain land – Victoria Road, Anzac Avenue and Hermitage

Road, West Ryde Omitted G.G. No.152 23/10/1998 R.L.E.P. 79

71F. ..........................................

Prevention of demolition of certain buildings Amended G.G. No. 142 25/11/2005 R.L.E.P. 116

72 Demolition

Demolition must not be carried out on any land to which this plan applies without the consent of the responsible authority.


72A. (1) This clause applies to the land coloured light blue with red edging and lettered 3(e) on Sheet 1 of the map marked “Ryde Local Environmental Plan No. 12” deposited in the office of the Council, being part portion 613, Parish of Hunters Hill, corner of Agincourt Road and Balaclava Road, Marsfield.

(2) The council shall not grant consent to the carrying out of

development on land to which this clause applies if that development -

93

(a) will in the opinion of the council detrimentally affect or

significantly alter the appearance of the building known as “Curzon Hall”; or

(b) provides for pedestrian or vehicular access to Balaclava Road.


72B. (1) Development may be carried out on a site within Zone No. 2(e) only if -

(a) vehicular access to the site cannot be obtained directly from a road, part of a road or land described in Schedule 9; or

(b) vehicular access which is satisfactory to the Council is

provided to the site. Amended G.G. No. 81 30/06/1989 R.L.E.P. 41

(2) No subdivision or development shall be carried out on land within Zone No. 2(e) unless -

(a) arrangements satisfactory to the Water Board have been made with the Board by the owner of the land to which the application relates, for the amplification and reticulation of water and sewerage services; and

(b) the Board certifies that the carrying out of development in

accordance with the consent to the subdivision or development will not require the making of any such arrangements.


72C. (1) Pursuant to section 30(4) of the Environmental Planning and Assessment Act, 1979, the provisions of sections 84, 85, 86, 87(1) and 90 of that Act apply to and in respect of all applications for development for the purposes of residential flat buildings in Zone No. 2(e) in the same way as those provisions apply to and in respect of designated development.

(2) Notwithstanding the provisions of section 84(4) of the

Environmental Planning and Assessment Act, 1979, nothing in this clause requires the documents accompanying a development application to be available for inspection at any office, other than the office of the council.

(3) The cost of giving the notice required to be given by the operation

of subclause (1) shall, subject to section 77 (3) (e) of the Environmental Planning and Assessment Act, 1979, be treated as part of the fee required to accompany the development application with respect to which the notice is given.

94


72D. (1) This clause applies to the land, being portions 592-595 and Lot 1, DP 231714 known as 7-33 Sobraon Road, Marsfield, as shown by red edging on Sheet 2 of the map marked “Ryde Local Environmental Plan No. 15”, deposited in the office of the council.

(2) A person shall not erect a building on land to which this clause

applies unless - (a) it contains not more than 2 storeys; and (b) it does not exceed 8 metres in height. (3) A person shall not erect or use a residential flat building on land to

which this clause applies unless - (a) the site area for each dwelling in the building is not less than

300 square metres; and (b) there is provided, in respect of each such dwelling, a

landscaped area (within the meaning of Clause 55) of not less than 120 square metres.

(4) The total number of dwelling-houses and dwellings in any other

building on the land to which this clause applies shall not exceed 98.

(5) Notwithstanding the provisions of clause 56, residential flat

buildings shall not be erected on land to which this clause applies unless provision is made within the site for parking spaces in accordance with the following rates:

(a) 1 parking space for each 1 or 2 bedroom dwelling in the

building; (b) 2 parking spaces for each 3 or more bedroom dwelling in the

building; (c) 1 parking space for visitor parking in the building for each 4

dwellings. (6) For the purposes of enabling development to be carried out on land

to which this clause applies in accordance with this Ordinance (as in force at the time the development is carried out) or in accordance with a consent granted under the Environmental Planning and Assessment Act, 1979, the provisions of Schedule 7 to the Local Government Act, 1919, to the extent necessary to serve that purpose, shall not apply to any such development.

(7) Pursuant to section 28 of the Act, before the making of Ryde Local

Environmental Plan No. 15 - (a) the Governor approved of subclause (6); and

95

(b) the Minister for the time being administering the provisions

of, or made under, the Local Government Act, 1919, referred to in that subclause concurred in writing in the recommendation for the approval of the Governor of subclause (6) in so far as that subclause relates to those provisions.

Development on certain land at Eastwood Inserted G.G. No. 81 30/06/1989 R.L.E.P. 41

72E. (1) This clause applies to the land, being Lot 1, DP 547607, known as 57-63 Culloden Road, Eastwood, as shown by distinctive colouring and edging on the map marked “Ryde Local Environmental Plan No. 41” deposited in the office of the Council.

(2) A person shall not erect a building on land to which this clause applies unless -

(a) it contains not more than 2 storeys; and (b) it does not exceed 8 metres in height. (3) A person shall not erect or use a dwelling on land to which this

clause applies unless there is provided, in respect of each such dwelling, a landscaped area (within the meaning of clause 55) of not less than 150 square metres.

(4) The total number of dwellings on the land to which this clause

applies shall not exceed 34. Density of residential flat buildings on certain land within Zone No. 2(e) Inserted G.G. No. 93 08/09/1989 R.L.E.P. 42

72F. (1) A person must not erect or use a residential flat building on land (being land within Zone No. 2(e) specified in Column 1 of the Table to this clause) unless:

(a) the number of dwellings on that land does not or will not

exceed the number specified opposite that land in Column 2 of the Table; and

(b) there is provided in respect of each dwelling a landscaped

area of not less than the area specified opposite that land in Column 3 of the Table; and

(c) the residential flat building contains or will contain not more

than the number of storeys specified opposite that land in Column 4 of the Table; and

(d) the height of the residential flat building does not or will not

exceed the height specified opposite that land in Column 5 of the Table.

96

TABLE

Column 1

Column 2

Column 3

Column 4

Column 5

Part Lots 3 and 4, DP

26891 and Lot 21, DP 546201, as shown edged heavy black on the map marked “Ryde Local Environmental Plan No. 42” deposited in the office of the Council.

90 50 sq m 3 11 m


Lot 6, DP 790153 as shown by distinctive colouring and edging on the map marked “Ryde Local Environmental Plan No. 45” deposited in the office of the Council.

60 120 sq m 2 8 m


Lot 2, DP 585499 and Lots 1 and 2, DP 121853, and known as No. 152 Balaclava Road, Eastwood, as shown by distinctive colouring and edging on the map marked “Ryde Local Environmental Plan No. 48” deposited in the office of the Council.

120 120 sq m 3 11 m


Lot 1, DP 715253, as shown by distinctive colouring and edging on the map marked “Ryde Local Environmental Plan No. 49” deposited in the office of the Council.

82 120 sq m 2 8 m


Lot 1, DP 827408, and known as No. 150 Balaclava Road, Eastwood, as shown by distinctive colouring, edging and lettering on the map marked “Ryde Local Environmental Plan No. 62” deposited in the office of the Council.

86 120 sq m 3 11 m

97

Column 1

Column 2

Column 3

Column 4

Column 5


Lot 2, DP 574640. Lot 11, DP 859907 and Lot 13, DP 859906, and known as 6-8 Nile Close, Marsfield, as shown by distinctive colouring, edging and lettering on the map marked “Ryde Local Environmental Plan No. 78” deposited in the office of the Council.

138 110 sq m 3 11 m


Lot 101, DP 884349, and known as No. 145 Balaclava Road, Marsfield, as shown by distinctive colouring, edging and lettering on the map marked “Ryde Local Environmental Plan No. 114” deposited in the office of the Council.

43 140m2 2 8 m


Lot 51, DP 875599, and known as 53-63 Badajoz Road, North Ryde, as shown by distinctive colouring, edging and lettering on the map marked “Ryde Local Environmental Plan No. 102” deposited in the office of the Council.

13 120m2 2 8 m


Lot 100, DP 884349, and known as No. 143 Balaclava Road, Marsfield, as shown coloured light scarlet with dark red edging and lettered “2 (e)” on the map marked “Ryde Local Environmental Plan No. 128” deposited in the office of the Council.

28 140m2 2 8 m

98

Column 1

Column 2

Column 3

Column 4

Column 5


So much of Lots 1 and 2, DP 221325 as is within Zone No 2 (e) and shown coloured light scarlet with dark red edging and lettered “2 (e)” on the map marked “Ryde Local Environmental Plan No 96” deposited in the office of the Council.

32 30m2 2 8 m

Consent to develop on certain land at Terry’s Creek Inserted G.G. No. 93 08/09/1989 R.L.E.P. 42

72G. (1) This clause applies to land at Terry’s Creek, being Part Lots 3 and 4, DP 26891, and Lot 21, DP 546201, as shown within Zone No. 2(e) on the map marked “Ryde Local Environmental Plan No. 42” deposited in the office of the Council.

(2) The responsible authority must not consent to the carrying out of

development for residential purposes on land to which this clause applies unless it is of the opinion that satisfactory arrangements have been made to implement measures required to control sedimentation and soil erosion as a result of that development.

Development of certain land at North Ryde Inserted G.G. No. 88 13/07/1990 R.L.E.P. 44

72H. (1) This clause applies to land being Lots 37 to 41 inclusive and 43 to 50 inclusive, DP 19636 as shown distinctively coloured and edged on the map marked “Ryde Local Environmental Plan No. 44” deposited in the office of the Council.

(2) Notwithstanding any other provision of this Ordinance, the council

must not consent to the carrying out of development on land to which this clause applies unless:

(a) the development is to be carried out in conjunction

with development carried out on the adjoining allotment, being Lot 500, DP 786639; and

(b) the council imposes a condition on that consent that

requires the land to which this clause applies and the allotment referred to in paragraph (a) to be consolidated to form one allotment within 12 months after the grant of the consent.

99

Certain development on land in Balaclava Road Inserted G.G. No. 86 31/05/1991 R.L.E.P. 48

72I. (1) This clause applies to such part of the land to which Ryde Local Environmental Plan No. 48 applies as is within Zone No. 2(e).

(2) Notwithstanding any other provisions of this Ordinance, the

Council may consent to the carrying out of development for the purposes of a motel on land to which this clause applies.

(3) A person shall not erect a motel on land to which this clause

applies unless: (a) the ratio of the total floor space of the building to the site

area of the land does not exceed 0.75:1; and (b) the building contains not more than 2 storeys. (4) The provisions of clause 48 (Motels in Zone No. 2(c2) apply to

land to which this clause applies in the same way that they apply to land within Zone No. 2(c2) Residential “C2”.

Heritage Items Inserted G.G. No.114 09/08/1991 R.L.E.P. 49 Omitted G.G. No. 14 17/01/2003 R.L.E.P. 105

72J. (1)….. (2)….. (3)….. (4)….. (5)….. (6)….. (7)…..

(8)…..

(9)…..

(10)…..

100

Development within Zone No. 3(f) Inserted G.G. No.144 11/12/1992 R.L.E.P. 54

72K. ………………

Omitted G.G. No. 9 20/01/2006 R.L.E.P. 137


72KA The Council shall not consent to any proposed development of land within Zone No. 3(uv) likely to be adversely impacted on by rail-related noise and vibration unless the development incorporates mitigation measures to the satisfaction of the Council.

Certain Development on land in Cooney Street, North Ryde Inserted G.G. No.117 22/10/1993 R.L.E.P. 61

72L. (1) This clause applies to the land being lot 471, DP 635556 and lots 48 and 49, DP 36586, and known as 12-16 Cooney Street, North Ryde, as shown by distinctive colouring, edging and lettering on the map marked “Ryde Local Environmental Plan No. 61” deposited in the office of the Council.


Council must not consent to the carrying out of development on land to which this clause applies unless the Council is satisfied that:

(a) the development is to be carried out in conjunction with

development carried out on the adjoining allotment being lot 1, DP 601650; and

(b) the land to which this clause applies and lot 1, DP 601650,

will all be consolidated to form one allotment within 12 months after the first grant of a development consent made by the Council in respect of the land to which this clause applies after the commencement of Ryde Local Environmental Plan No. 61; and

(c) all vehicular and pedestrian access to the land to which this

clause applies is to be obtained solely from Cox’s Road.

101

Certain development on land in Pittwater Road, Gladesville Inserted G.G. No. 56 08/04/1994 RLEP 65

72M. (1) This clause applies to the land being lot A, DP 307137, and known as 108 Pittwater Road, Gladesville

(2) Notwithstanding any other provision of this Ordinance, the Council may consent to the carrying out of development for the Purposes of commercial premises on land to which this clause applies.


Classification and reclassification of public land as operational land

Clause amended G.G. No. 135 30/08/2002 R.L.E.P. 97

72MA. (1) The public land described in Schedule 13 is classified, or reclassified, as operation land for the purposes of the Local Government Act 1993, subject to this clause.

(2) The amendments made by the Local Government Amendment (Community Land Management) Act 1998 to section 30 of the Local Government Act 1993 do not apply to the land described in Part 1 of Schedule 13.

(3) Land described in Part 2 of Schedule 13: (a) to the extent (if any) that the land is a public reserve, does not

cease to be a public reserve, and (b) continues to be affected by any trusts, estates, interests,

dedications, conditions, restrictions or covenants by which it was affected before its classification, or reclassification, as operational land.

(4) Land described in Columns 1 and 2 of Part 3 of Schedule 13, to the

extent (if any) that it is a public reserve, ceases to be a public reserve on the commencement of the relevant amending plan and, by the operation of that plan, is discharged from all trusts, estates, interests, dedications, conditions, restrictions and covenants affecting the land or any part of the land except those (if any) specified opposite the land in Column 3 of Part 3 of Schedule 13.

(5) In this clause, the relevant amending plan, in relation to land

described in Part 3 of Schedule 13, means this plan or, if the description of the land is inserted in that Part by another local environmental plan, that plan.

(6) Before the relevant amending plan inserted the description of land

into Part 3 of Schedule 13, the Governor approved of subclause (4) applying to the land.

102

Development of certain land – Fontenoy Road, North Ryde Inserted G.G. No. 83 24/06/1994 R.L.E.P. 67

72N. (1) This clause applies to land being part lots 5 and 7, DP 232698 and part lot 19, DP 232723, and known as 1-15 Fontenoy Road, North Ryde, as shown by distinctive colouring, edging and lettering on the map marked “Ryde Local Environmental Plan No. 67” deposited in the office of the Council.


Council must not consent to the carrying out of development on land to which this clause applies unless the Council is satisfied that all vehicular access to the land to which this clause applies is to be obtained solely from Fontenoy Road.

Development of certain land – Church Street, Ryde Inserted G.G. No. 46 04/04/2000 R.L.E.P. 95

72NA (1) This clause applies to land being lot 1, DP 746089, Pt lot 15, DP 752035, lots 10 and 11 DP 19725 and part of a public road at the south-eastern corner of the subject site immediately north of the corner of Church Street and Well Street, Ryde, and known as 121-135 Church Street, Ryde, as shown by distinctive colouring and edging on the map marked “Ryde Local Environmental Plan No. 95” deposited in the office of the Council.

(2) Notwithstanding any other provision of this Ordinance (but subject

to subclause (3), the Council may consent to the carrying out of development on land to which this clause applies for any of the purposes referred to in Schedule 14.

(3) Notwithstanding any other provision of this Ordinance, the Council

must not consent to the carrying out of development on land to which this clause applies unless the Council is satisfied that the following conditions will be met:

(a) A slip lane will be constructed to facilitate entry to the service

centre site from Church Street in accordance with the requirements of the Roads and Traffic Authority.

(b) The slip lane will be extended in a northerly direction to create

a layby bus stop situated in front of 121-135 Church Street in accordance with the requirements of the Roads and Traffic Authority.

(c) A roundabout will be constructed at the intersection of Well

Street, Porter Street and Parsonage Street in accordance with the requirements of the Council, and at no cost to the Council.

(b) Off-street car parking is to be provided on the basis of: i) 5 spaces for each 100m2 gross floor area used for the

service station and associated retailing/commercial operations;

103

ii) 3 spaces for each car wash bay comprised in any car wash;

iii) 15 spaces for each 100m2 gross floor area used for any family restaurant or one (1) space per three (3) restaurant seats, whichever is the greater; and

iv) 2 spaces for each 100m2 gross floor area used for any other retailing.

(e) The total retail floor space in all buildings on the land will be

not more than 6500m2. Serviced apartments Inserted G.G. No.152 23/10/1998 R.L.E.P. 79

72O. Notwithstanding any other provision of this Ordinance, the council may consent to the carrying out of development for the purposes of serviced apartments within Zone No. 2(b1), 2(b2), 2(c1), 2(c2), 2(c3), 2(c4), 2(c5), 2(d1), 2(d2), 2(d3), 2(d4), 2(d5), 2(d6), 2(d7), 2(e), 3(a) or 3(uv).

Certain development on land in Victoria Road, Ryde Inserted G.G. No.125 13/10/1995 R.L.E.P. 75

72P. (1)

Omitted G.G.No.97 2/8/2006 SEPP(Major Projects) (Amend 5)

(2) .

Development of certain land – Ryde Road, Gladesville Inserted G.G. No. 56 07/05/1999 R.L.E.P. 92

72Q (1) This clause applies to land being lot 173, D.P. 752035, and known as 144 Ryde Road, Gladesville, as shown by distinctive colouring and edging on the map marked “Ryde Local Environmental Plan No. 92” deposited in the office of the Council.


may consent to the carrying out of a multi-unit housing development which includes detached dwelling-houses on the land to which this clause applies.


must not consent to the carrying out of development on land to which this clause applies unless the Council is satisfied that:

(a) the number of dwellings to be erected on the site will not

exceed 7; and (b) the minimum area of landscaped open space per dwelling will

be 110 square metres; and (c) any dwelling erected on the site will have a maximum of 2

storeys; and

104

(d) the maximum height of any building constructed on the site will

be 8.0 metres; and (e) the number of detached dwelling-houses included in any

development on the site will not exceed 2. Inserted G.G. No. 81 30/06/2000 R.L.E.P. 104

72R (1) This clause applies to land being Part Lot 1, DP 739556 and known as 461-495 Victoria Road, corner Frank Street, Ryde, as shown edged heavy black on the map marked “Ryde Local Environmental Plan No. 104” kept in the office of the Council.


may consent to the existing commercial building (known as Building H) being used without the necessity of being used in conjunction with warehousing but subject to the provision of 48 car parking spaces.


72S (1) This clause applies to land being Lots 1 and 2, DP 605346, Lots 1, 2 and 5, DP 19508, Lot 2, DP 525451 and Lot 1, DP 118820 and known as 32-62 Delhi Road, North Ryde.

(2) Notwithstanding any other provisions of this Ordinance, the Council

may consent to the carrying out of development for the purposes of serviced apartments and a hotel on land to which the clause applies.

72T ………………

Inserted G.G. No. 126 05/11/1999 R.L.E.P. 100 Omitted G.G. No. 9 20/01/2006 R.L.E.P. 137

72U (1) This clause applies to the land being lot 15, D.P. 23568, lot 45, D.P. 701043 and surplus Roads and Traffic Authority land on the corner of Lane Cove Road and Epping Road, North Ryde, as shown by distinctive colouring (in the case of the surplus land) and black edging (in the case of the whole of the relevant land) on the map marked “Ryde Local Environmental Plan No. 103” deposited in the office of the Council.


(2) Notwithstanding any other provision of this Ordinance, the Council may consent to the carrying out of development for the purposes of a medical centre (including x-ray facility), a pharmacy and a real estate office together with associated off-street car parking.

72V Development of certain land-410-416 Lane Cove Road and 7-13

Talavera Road, North Ryde Inserted G.G. No. 109 25/08/2000 R.L.E.P. 108

……………….

105

Amended G.G. No. 14 17/01/2003 R.L.E.P. 126 Omitted G.G. No. 9 20/01/2006 R.L.E.P. 137

72W Development of Certain Land at Ryde Inserted G.G. No. 41 23/02/2001

(1) This clause applies to land being Lot 10, DP 1015231 and known as 8 Rocca Street, and 293 Quarry Road, Ryde.

2) Notwithstanding any other provision of this Ordinance, the Council

may consent to the carrying out of development on the land to which this clause applies for the purpose of car parking or the provision of vehicular access to adjoining land.


72X Development of certain land at Macquarie Park

……………… Omitted G.G. No. 9 20/01/2006 R.L.E.P. 137

72Y Development of certain land - Lane Cove Road, North Ryde (1) This clause applies to land at Lane Cove Road, North Ryde, as

shown by distinctive colouring and edging and lettered 3 (f) on Sheet 3 of the map marked “Ryde Local Environmental Plan No. 117” deposited in the office of the Council.


(2) Despite any other provision of the Ordinance, the Council may consent to the development of the land to which this clause applies for the purposes of the following:

(a) an integrated horticultural centre, including display gardens, research, education and training facilities and horticulture and gardening exhibitions,

(b) retail, commercial and broadcasting facilities and exhibitions either directly associated with the horticulture centre or for the promotion of aspects of horticulture, gardening and the environment,

(c) use of the display gardens for small scale entertainment

activities, such as outdoor theatre, storytelling and musical recitals,

(d) restaurant/café use by patrons of the centre.

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72Z Access on land known as 11-13 Pennant Avenue, Denistone (1) This clause applies to Lot 1, DP 221325 and known as 11-13

Pennant Avenue, Denistone, as shown by distinctive colouring, edging or lettering on the map marked “Ryde Local Environmental Plan No 96” deposited in the office of the Council.


(2) Despite any other provision of this Ordinance, the Council may grant consent to the use of that part of the land to which this clause applies that is within Zone No 2 (a) for the purpose of access to that part of the land that is within Zone No 2 (e).

72ZA Development of certain land – 293 Pittwater Road, North Ryde (1) This clause applies to Lot 6, DP 8095, and known as 293 Pittwater

Road, North Ryde, as shown coloured light scarlet on the map marked “Ryde Local Environmental Plan No. 122” deposited in the office of the Council.

(2) Despite any other provision of this Ordinance, the Council may

consent:


(a) to the conversion of a former substation building situated on part of the land to which this clause applies to a duplex building, and

(b) to the erection of not more than 3 single storey villa homes on the remaining land.

72ZB Development in Meadowbank Employment Area The Council must not grant consent to a development application in respect

of any land to which the Meadowbank Employment Area Master Plan applies unless the proposed development is consistent with that master plan.


72ZC Site-Specific Master Plans for Meadowbank Employment Area

(1) The Council must not grant consent to a development application in respect of the following land unless there is an adopted site-specific master plan for that land:

(a) the land shown as the Faraday Park Precinct in the

Meadowbank Employment Area Master Plan (b) any other land to which the Meadowbank Employment Area

Master Plan applies, the development of which may, in the opinion of the Council, have a significant impact on other land to which that master plan applies.

(2) Subclause (1) does not apply if, in the opinion of the Council, the

proposed development is of a minor nature and other guidelines that

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apply to the proposed development (such as those in a development control plan) are adequate.

(3) A master plan adopted, before the commencement of Ryde Local

Environmental Plan No 120, in respect of any specific site to which the Meadowbank Employment Area Master Plan applies may be taken by the Council to be a master plan for the purposes of this clause.

72ZD Site-Specific master plans (1) A site-specific master plan for the purposes of clause 72ZC is a

document consisting of written information, maps and diagrams: (a) that includes provisions relating to the development of land to

which the site-specific master plan applies, and (b) that explains such of the planning principles set out in the

Meadowbank Employment Area Master Plan as are relevant to that land, and

(c) that is consistent with the Meadowbank Employment Area

Master Plan. (2) A draft site-specific master plan may be prepared by, or on behalf

of, the owner or lessee of the land concerned. (3) A draft site-specific master plan is to be prepared following

consultation with the Council and is to illustrate and explain, where the Council so requires, proposals for the following:

(a) phasing of development, (b) urban design considerations, including principles drawn from

an analysis of the site and its context, density, height controls, building envelopes, identified views and vistas, privacy and security,

(c) distribution of major land uses, including public access and

open space,

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(d) environmental considerations, including noise attenuation,

flood mitigation, stormwater management, water and soil management, remediation of contaminated land, solar access, energy efficiency and management of significant native flora and fauna habitat,

(e) access considerations, including public transport, pedestrian,

cycle and road access and circulation networks, including local traffic impacts and parking,

(f) patterns of subdivision and site amalgamation, (g) infrastructure provision and funding, (h) site landscaping, (i) heritage considerations, including interpretation of historically

significant buildings and places, conservation and protection of heritage items, identified historic views and archaeological relics (including the preparation of a conservation management plan),

(j) provision of public facilities, (k) any other matter required by the Council. (4) A draft site-specific master plan must be publicly exhibited by

the Council for not less than 21 days. (5) Before adopting a draft site-specific master plan, or an amendment

to such a master plan, the Council must take into consideration the following:

(a) any development consents that have been granted for the

land, (b) zoning and development standards applying to the adjoining

land, (c) any written submissions made about the content of the draft

master plan during the exhibition period. (6) A draft site-specific master plan becomes a site-specific master

plan if it is adopted by the Council. (7) When a site-specific master plan is adopted, the Council must: (a) notify the owner and any lessee of the land concerned and

any organisation or individual that made a submission about the draft site-specific master plan and

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(b) advertise the adoption of the site-specific master plan in a newspaper circulating in the locality.

(8) A site-specific master plan may be amended by another such master plan.

(9) A copy of an adopted site-specific master plan must be available

for inspection at the office of the Council. Inserted G.G. No. 63 26/03/2004 R.L.E.P. 141

72ZE Certain development on land in Blaxland Road, Eastwood

(1) This clause applies to land being Lot B, DP 105335, and known as 607 Blaxland Road, Eastwood.

(2) Despite any other provision of this Ordinance, the Council may

consent to the carrying out of development for the purposes of a motor showroom on the land to which this clause applies but only if the Council is satisfied that:

(a) the development is to be undertaken in conjunction with

development carried out on the adjoining allotments, being Lots A, B and C, DP 313830, and known as 601 – 605 Blaxland Road Eastwood, and

(b) the land to which this clause applies and Lots A, B and C,

DP 313830 are to be consolidated to form a single allotment within 12 months after the granting of the consent.


72ZF Exempt and complying development

(1) Development of minimal environmental impact listed as exempt development in Council’s Development Control Plan No 34 relating to exempt and complying development as adopted by the Council on 19 July 2005 is exempt development, despite any other provision of this plan.

(2) Development listed as complying development in Council’s

Development Control Plan No 34 relating to exempt and complying development as adopted by the Council on19 July 2005 is complying development if:

(a) it is local development of a kind that can be carried out with

consent on the land on which it is proposed, and (b) it is not an existing use, as defined in section 106 of the Act.

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PART VIII

General Savings *Omitted G.G. No. 142 25/11/2005 R.L.E.P. 116

73. Nothing in this Ordinance shall be construed as restricting or prohibiting or enabling the responsible authority to restrict or prohibit – (a) the carrying out of development of any description specified in

Schedule 8;

(b) the use of existing buildings of the Crown by the Crown; or

(c) * Rights etc under County of Cumberland Planning Scheme Amended G.G. No. 71 19/04/1985 R.L.E.P. 21

74. The revocation, pursuant to section 342L* (2) (d) of the Act, of the County of Cumberland Planning Scheme to the extent to which it applies in respect of land within the Municipality of Ryde shall not affect -

(a) the preservation, continuance or enforcement of any right,

privilege, obligation or liability acquired, accrued or incurred under that Scheme in respect of any land to which this Ordinance applies before that revocation; or

(b) the taking of legal proceedings in respect of any offence under that

Scheme committed in respect of any land to which this Ordinance applies before that revocation.

Application of scheme to development incomplete at commencement of

scheme 75. Nothing in this Ordinance shall prevent the erection of a building or the

carrying out of any work and the use of a building or work in accordance with the terms of the Town and County Planning (General Interim Development) Ordinance or of any permission or modification thereof granted under Division 7 of Part XIIA of the Act and under that Ordinance or under an interim development order made under Division 7 of Part XIIA of the Act which permission has not been revoked, or of any consent granted under the County of Cumberland Planning Scheme if the erection of building or the carrying out of the work was commenced, but not completed, before the appointed day or is substantially commenced within a period of 12 months after that day.

Application of scheme to development before commencement of scheme 76. Any development which was carried out otherwise than in accordance with

the terms of the Town and County Planning (General Interim Development) Ordinance or of Division 7 of Part XIIA of the Act, or of an interim Development order under Division 7 of Part XIIA of the Act, or otherwise

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than in accordance with the County of Cumberland Planning Scheme and which does not conform with the provisions of this Ordinance shall be deemed to be in contravention of this Ordinance.

Fulfilment of conditions 77. (1) Any provision of this Ordinance which authorises or has the effect

of authorising the carrying out of development the subject of a consent or permission granted prior to the appointed day by or under a prescribed scheme, an interim development order or Division 7 of Part XIIA of the Act shall be deemed to incorporate in the authorisation any condition subject to which the consent or permission was granted.

(2) A consent or permission or any condition referred to in subclause

(1) shall have effect as if it were granted or imposed, as the case may be, under this Ordinance and may be enforced accordingly.

Leasing of certain lands 78. (1) Where the responsible authority has acquired any land for any

purpose under this Ordinance and where it appears to the responsible authority that the purpose cannot be carried into effect within a reasonable time after the acquisition, the responsible authority may let the land by way of lease under and subject to the provisions of the Act.

(2) In the case of land acquired for the purpose of a main road or

county road, the consent of the Department of Main Roads to the lease shall first be obtained.

(3) In determining the term of a lease referred to in subclause (1),

regard shall be had to the time when the land is likely to be required for the purpose for which it was acquired or the time when the purposes of the acquisition are likely to be carried into effect.

(4) A lease referred to in subclause (1) may authorise the erection of

buildings, the carrying out of works and the making of excavations for any purpose but in any case where those purposes are inconsistent with the purposes for which the land is reserved or zoned under this Ordinance, the lease shall require the removal of the buildings or works or the reinstatement of the land before the end of the term of the lease.

(5) Where the Commission is the responsible authority under this

Ordinance it shall, before determining any application under this Clause, consult with the Council and shall take into consideration any representations made by the Council in relation thereto.

Suspension of Acts, Covenants, etc

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79. (1) The operation of section 309 of the Act and of any proclamations

made thereunder is hereby suspended to the extent to which that section and those proclamations are inconsistent with any of the provisions of this Ordinance.

(2) In respect of any land within any zone, other than within Zone No.

2(a), 2(b1), 2(b2), 2(c1), 2(c2), 2(c3), 2(c4), 2(c5), 2(d1), 2(d2), 2(d3), 2(d4), 2(d5), 2(d6) or 2(d7), the operation of any covenant, agreement or instrument imposing restrictions as to the erection or use of buildings for certain purposes or as to the use of land for certain purposes is hereby suspended to the extent to which the covenant, agreement or instrument is inconsistent with any provision of this Ordinance or with any consent given thereunder.

(3) Nothing in subclause (2) affects the rights or interests of any

statutory authority under any instrument registered by or under the authority of any Act.

Plans of Subdivision 80. The Council shall retain and catalogue a copy of every plan of subdivision

approved by it and, upon registration of the plan in the office of the Registrar-General, shall clearly mark on a copy of a map of its area the location of the land to which that plan relates with a reference to the catalogued copy.

80A Saving of certain development applications

Inserted G.G. No 101 17/06/2002 R.L.E.P. 120 (1) A development application lodged but not finally determined before

the commencement of Ryde Local Environmental Plan No 120 is to be determined as if that plan and Meadowbank Employment Area Development Control Plan has been exhibited under the Environmental Planning and Assessment Act 1979 but had not been made or approved.

(2) Subclause (1) does not apply in respect of a development

application if the applicant requests the Council in writing to determine the application as if subclause (1) were not in force.

(3) In this clause: Meadowbank Employment Area Development Control Plan means

the document named Meadowbank Employment Area Development Control Plan deposited in the office of the Council.

Register Clause omitted vide G.G. No.139 26/09/1980

81. (1) ......

Clause omitted vide

(2) ......

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G.G. No. 33 05/03/1982 82. The Council shall, whenever directed by the Commission so to do and in

any case within 10 years from the appointed day, review the scheme and prepare and submit to the Commission in accordance with the provisions of the Act a planning scheme or schemes varying this scheme.

Notes in text Clause omitted vide G.G. No. 33 05/03/1982

83. Matter that appears in this Ordinance under the heading “Note” is an explanatory note and does not form part of this Ordinance. It is provided to assist understanding.

Clause inserted G.G. No 110 18/07/2003

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PART IX

Heritage Conservation 84. Definitions In this Part: Aboriginal place means: (a) any site which has the physical remains of pre-European

occupation by, or is of contemporary significance to, Aboriginal people, and can (but need not) include items and

Remnants of the occupation of the land by Aboriginal people, such as:

(i) burial places, and (ii) engraving sites, and (iii) rock art, and (iv) midden deposits, and (v) scarred and carved trees, and (vi) sharpening grooves, or (b) a natural Aboriginal sacred site or other sacred feature,

including: (i) natural features such as creeks or mountains of cultural

significance, and (ii) initiation, ceremonial or story places, and (iii) areas of more contemporary cultural significance. Archaeological site means a site identified in Schedule 15 and marked

“X” on the Archaeological Site Map. It includes a site known to the consent authority to have archaeological significance even if it is not so identified and shown.

Archaeological Site Map means the map marked “Ryde Local

Environmental Plan No 105 (Archaeological Sites)”, as amended by the maps (or specified sheets of maps) marked as follows:

Conservation Management Plan means a document prepared in

accordance with the provisions of the New South Wales Heritage Manual that establishes 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.

Demolish a heritage item, or a building, work, relic, archaeological site,

tree or place within a heritage conservation area, means wholly or partly destroy, deface or dismantle the heritage item or the building, work, relic, archaeological site, tree or place.

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Heritage Conservation Area means land listed in Schedule 16 as a

heritage conservation area and shown edged dark green on the Heritage Conservation Area Map and includes buildings, works, relics, Archaeological sites, trees or places situated on or within that land.

Heritage Conservation Area Map means the series of maps marked

“Ryde Local Environmental Plan No 105 (Heritage Conservation Areas)”, as amended by the maps (or specified sheets of maps) marked as follows:

Heritage Impact Statement means a document consisting of: (a) a statement demonstrating the heritage significance of a

heritage item or heritage conservation area, or of a building, work, archaeological site, tree or place within a 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, relic, tree or place, or a component

of a building, work relic, tree or place, that is described in Schedule 15 and the site of which is shown by distinctive yellow colouring , edging and numbering on the Heritage Item Map and includes all parts of the fabric, structure, fixtures and fittings of any such building, work, relic, tree or place, or component that can be relocated.

Heritage Item Map means the map marked “Ryde Local Environmental

Plan No 105 (Heritage Items)”, as amended by the maps (or specified Sheets of maps) marked as follows:

Heritage Policy Statement means a policy adopted by the Council

setting out how heritage items can be altered or modified. Heritage Significance means historical, scientific, cultural, social,

archaeological, architectural, natural or aesthetic value. Maintenance means ongoing protective care of a heritage item or a

building, work, relic, archaeological site, tree or place within a heritage conservation area. It does not include alterations, such as carrying out extensions or additions, or the introduction of new materials or technology, such as use of injectable damp proof courses.

Potential Archaeological Site means a site identified in Schedule 15 and

shown by cross hatching on the Archaeological Site Map. It includes a site known to the consent authority to have potential archaeological significance even if it is not so identified and shown.

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Relic means: (a) any deposit, object or material evidence (which may consist of human

remains) that is more than 50 years old relating to the use or settlement of the City of Ryde, not being Aboriginal habitation, or

(b) any deposit, object or material evidence (which may consist of human

remains) of any age relating to Aboriginal habitation of the City of Ryde.

85. Objectives The objectives of this Part are: (a) To conserve the environmental heritage of the City of Ryde, and (b) To retain the cultural significance of the City of Ryde, and (c) To conserve existing significant fabric, settings, relics and views

associated with heritage items and heritage conservation areas, and

(d) To ensure that development does not adversely affect the heritage

significance of heritage items and heritage conservation areas and their settings, and

(e) To ensure that archaeological sites and Aboriginal places are

conserved, and (f) To allow for the protection of buildings, works, relics, trees, places

and archaeological sites which have heritage significance but which are not identified as heritage items by an environmental planning instrument, and

(g) To ensure that the heritage conservation areas throughout the City

of Ryde retain their heritage significance. 86. Protection of heritage items, heritage conservation areas and relics (1) When is consent required? The following development may only be carried out with development

consent: (a) demolishing or moving a heritage item or a building, work, tree over

5 metres in height or place within a heritage conservation area,

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(b) altering a heritage item or a building, work, relic or place within

a heritage conservation area by making structural or non-structural changes to its exterior, such as changes to its external detail, fabric, finish or appearance,

(c) altering a heritage item by making structural changes to its interior, (d) moving a relic, or disturbing or excavating any land 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,

(e) demolishing, dismantling, moving or altering the whole or part of a

heritage item, (f) erecting a building on, or subdividing, land on which a heritage item

is located or which is within a heritage conservation area. (2) What exceptions are there? Development consent is not required by this clause if: (a) the proposed development is of a minor nature or consists of

maintenance of a heritage item or a building or work, relic, tree or place within a heritage conservation area, and

(b) the proposed development is consistent with the adopted heritage

policy statement, and (c) the proposed development would not adversely affect the heritage

significance of the heritage item or heritage conservation area concerned, and

(d) the proponent has notified the consent authority in writing of

the proposed development and the consent authority has advised the proponent in writing before the development is carried out that it is satisfied that development consent is not required because the work complies with the adopted heritage policy statement.

(3) Development consent is not required by this clause for the

creation of a new grave or moment within the site of a graveyard or cemetery that is a heritage item if the development does not involve Demolishing, excavating, defacing or damaging an existing grave , Monument or Aboriginal place or is for the purpose of carrying out Conservation or repair of monuments or grave markers.

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(4) What must be included in assessing a development application? When determining a development application required by this clause, the

consent authority must assess 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.

(5) The assessment must include consideration of:

(a) for development that would affect a heritage item: (i) the heritage significance of the item as part of the environmental

heritage of the City of Ryde, and (ii) the impact that the proposed development will have on the

heritage significance of the item and its setting, including any landscape or horticultural features, and

(iii) the measures proposed to conserve the heritage significance of the item and its setting, and

(iv) whether any archaeological site or potential archaeological site would be adversely affected, and

(v) the extent, if any, to which the carrying out of the proposed development would affect the form of an historic subdivision, or

(b) for development that would be carried out in a heritage

conservation area: (i) the heritage significance of the heritage conservation area

and the contribution which any building, work, relic, tree or place affected by the proposed development makes to this heritage significance, and

(ii) the impact that the proposed development would have on the heritage significance of the heritage conservation area, and

(iii) the compatibility of any proposed building or work with nearby original buildings and the character of the heritage conservation area, including compatibility with the existing size, form, scale, orientation, setbacks, materials and detailing, and

(iv) the measures proposed to conserve the significance of the heritage conservation area and its setting, and

(v) whether any landscape or horticultural features of heritage significance would be affected, and

(vi) whether any archaeological site or potential archeological site would be affected, and

(vii) the extent, if any, to which the carrying out of the proposed development would affect an historic subdivision pattern.

(6) What extra documentation is needed When determining whether or not to grant a development consent

required by this clause, the consent authority:

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(a) must not grant such a consent until it has considered a heritage impact

statement which includes an assessment of the matters raised in subclause (5) (a) or (b) as the case requires, and

(b) where it requires that a conservation management plan should also

be considered, may refuse to grant the consent unless a conservation management plan has been considered.

87. Notification of demolition to Heritage Council Before granting consent for the demolition of a heritage item that is

identified in Column 4 of Schedule 15 as being of State significance, the consent authority must notify the Heritage Council about the application and take into consideration any comments received in response within 28 days after the notice is sent.

88. Development in the vicinity of a heritage item (1) Before granting consent to development in the vicinity of a heritage

item, the consent authority must assess the impact of the proposed development on the heritage significance of the heritage item and of any heritage conservation area within which it is situated.

(2) This clause extends to development: (a) that may have an impact on the setting of a heritage item for

example, by affecting a significant view to or from the item or by overshadowing, or

(b) that may undermine or otherwise cause physical damage to a

heritage item, or (c) that will otherwise have any adverse impact on the heritage

significance of a heritage item or of any heritage conservation area within which it is situated.

(3) The consent authority may refuse to grant any such consent unless

it has considered a heritage impact statement that will help it assess the impact of the proposed development on the heritage significance, visual curtilage and setting of the heritage item.

(4) The heritage impact statement should include details of the size,

shape and scale of, setbacks for, and the materials to be used in any proposed buildings or works and details of any modification that would reduce the impact of the proposed development on the heritage significance of the heritage item.

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(5) In considering any development application in the area bounded by

Terry Road, Darvall Road, Denman Street and Brush Road, Eastwood, the consent authority must consider the possible impact on the heritage significance of Brush Farm Park and Brush Farm House.

89. Development of Aboriginal places or of known or potential

archaeological sites of Aboriginal cultural significance Before granting consent for development that is likely to have an Impact on

an Aboriginal place, or that will be carried out on an Archaeological site that is identified in Column 4 of Schedule 15 as being of Aboriginal significance or a potential archaeological site that is reasonable likely to have Aboriginal cultural significance, the Consent authority must:

(a) consider a heritage impact statement explaining how the

proposed development would affect the conservation of the place or site and any relic known or reasonably likely to be located at the place or site, and

(b) except where the proposed development is integrated

development, notify the local Aboriginal communities (in such way as it thinks appropriate) and the Director-General of National Parks and Wildlife of its intention to do so and take into consideration any comments received in response within 28 days after the relevant notice is sent.

90. Development of other known or potential archaeological sites (1) Before granting consent for development that will be carried out on

other archaeological site or potential archaeological site, the consent authority must:

(a) consider a heritage impact statement explaining how the

proposed development would affect the conservation of the site and any relic known or reasonably likely to be located at the site; and

(b) notify the Heritage Council of its intention to do so and take

into consideration any comments received in response within 28 days after the notice is sent.

(2) Subclause (1) does not apply if the proposed development will not

involve disturbance of below-ground relics and the consent authority is of the opinion that the heritage significance of any above-ground relics would not be adversely affected by the proposed development, or the proposed development is integrated development.

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91. Conservation Incentives The consent authority may grant consent to the use for any

purpose of a building that is a heritage item, or of the land on which a heritage item is erected, even though the use would otherwise not be allowed by this plan, if:

(a) it is satisfied that the retention of the building or item depends

on the granting of consent, and (b) the proposed use is in accordance with a conservation

management plan which has been approved by the consent authority, and

(c) the granting of consent to the proposed use would ensure that

all necessary conservation work identified in the conservation management plan is carried out, and

(d) the proposed use would not adversely affect the heritage

significance of the heritage item or its setting, and (e) the proposed use would not adversely affect the amenity of the

surrounding area otherwise than to an insignificant extent. 92. Development in heritage conservation areas Before granting consent for the erection of a building within a heritage

conservation area, the consent authority must make an assessment of: (a) the pitch and form of the roof (if any), and (b) the style, size, proportion and position of the openings for

windows or doors (if any), and

(c) whether the colour, texture, style, size and type of finish of the

materials to be used on the exterior of the building are compatible with those of the materials used in existing buildings within the heritage conservation area.

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PART 10 Macquarie Park Corridor Inserted G.G. No. 9 20/01/2006 R.L.E.P. 137

93. How will built form of development be controlled? (1) This clause applies to land shown edged with a heavy green line on the

map marked “Ryde Local Environmental Plan No 137-Macquarie Park Corridor-Corridor Area” deposited in the office of the Council and also known in this Part as the Corridor.

(2) The Council must not grant consent to development of land to which this

clause applies unless it has considered whether the proposed development complies with:

(a) the planning principles and objectives for the Corridor set out in

Schedule 18 and clause 94, and (b) the objectives and development standards for floor space ratios set

out in clause 96, and (c) the objectives and development standards for building height set out

in clause 97, and (d) the objectives and development standards for off-street parking set

out in clause 98. 94 Objectives for the Macquarie Park Corridor The objectives for the Macquarie Park Corridor are: (a) to promote Macquarie Park Corridor as a premium location for

globally competitive businesses with strong links to the university and research institutions and an enhanced sense of identity, and

(b) to implement the State Government’s strategic objectives of

integrating land use and transport, reducing car dependency and creating opportunities for employment in areas supported by public transport, and

(c) to guide the quality of future development in the Corridor, and (d) to ensure that the Corridor is characterised by a high-quality, well-

designed and safe environment that reflects the natural setting, with three accessible and vibrant railway station areas providing focal points, and

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(e) to ensure that residential and business areas are better integrated

and an improved lifestyle is created for all those who live, work and study in the area.

95 Saving of certain development applications (1) A development application lodged but not finally determined before the

commencement of Ryde Local Environmental Plan No 137 is to be determined as if that plan has been exhibited under the Environmental Planning and Assessment Act 1979 but had not been made.

(2) Subclause (1) does not apply in respect of a development application if the

applicant requests the Council in writing to determine the application as if subclause (1) were not in force.

96 Floor space ratios (1) The floor space ratio of buildings on land in Macquarie Park Corridor is not

to exceed the maximum floor space ratio identified on the map marked “Ryde Local Environment al Plan No 137-Macquarie Park Corridor-Floor Space Ratio Restrictions” deposited in the office of the Council.

(2) The objectives of the floor space ratio controls within the Macquarie Park

Corridor are as follows: (a) to provide effective control over the scale and bulk of future

development, (b) to achieve a consolidation of development around the stations, with

the highest floor space ratios at the station nodes, (c) to allow feasible development of the sites around the stations and

facilitate focal points at the station areas, (d) to ensure that the peripheral locations of the Corridor reflect the

landscape needs and building setting requirements of the corporate building,

(e) to reinforce the importance and function of the central spine

(Waterloo Road and Riverside Main Street) with suitable built form, (f) to encourage the provision of a new street network (g) to provide incentive for redevelopment in return for the provision of

the proposed access network as a public benefit.

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(3) Despite subclause (1), the Council may consent to development of land that

results in a floor space ratio in excess of the floor space ratio identified on the map marked “Ryde Local Environmental Plan No 137-Macquarie Park Corridor-Floor Space Ratio Restrictions” deposited in the office of the Council, if:

(a) the land is identified on that map as containing part of the

proposed access network, and (b) the additional floor space does not exceed the equivalent

of the site area provided for the portion of the access network identified on that map in relation to that land.

(4) The total floor space of any building erected on land specified below must

not exceed the floor space specified in relation to that land: Land known as Nos 109-123 Epping Road, North Ryde, Lot 1 in

DP 880284 - 17,827 square metres. 97 Height of buildings (1) The height of a building on land within Macquarie Park Corridor must not

exceed the height shown for the land on the map marked “Ryde Local Environmental Plan No 137-Macquarie Park Corridor-Height Restrictions” deposited in the office of the Council.

(2) The objectives for building height controls in the Macquarie Park Corridor

are: (a) to provide effective control over the scale and bulk of future

development, and (b) to concentrate building heights around the stations, and (c) to provide focal nodes that clearly highlight the role of the stations,

and (d) to reinforce the important road frontages of Waterloo Road and Lane

Cove Road. 98 Off-street parking restrictions (1) The off-street parking requirements for commercial and industrial

development on land within Macquarie Park Corridor must not exceed the rate shown for the land on the map marked “Ryde Local Environmental Plan No 137-Macquarie Park Corridor-Parking Restrictions” deposited in the office of the Council.

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(2) The objectives for off-street parking controls in the Macquarie Park Corridor are: (a) to acknowledge accessibility by foot, bicycle and public transport, and (b) to support the management and supply of parking as the primary means to

influence travel behaviour of employees, and (c) to provide greater reliance on public transport, and (d) to assist in the management of increased car usage and traffic congestion in the

Corridor, and (e) to ensure a greater mode shift to public transport. 99 Use of certain land for Schedule 12 activities (1) Despite any other provision of this Ordinance, the total floor space of all buildings

erected on any land within Zone No 3 (f) for the purposes set out in Schedule 12 must not exceed 500 m2 or an area equivalent to 5% of the site area, whichever is the greater, in relation to that land.

(2) The objectives for restricting Schedule 12 activities in the Macquarie Park Corridor are: (a) to provide for the daily convenience needs of employees and visitors, and (b) to ensure that any activities support the needs of businesses and organisations

within the development to which the facilities or services relate, and (c) to reinforce the station nodes as focal points of activity, supporting a range of

retail and commercial activities. (3) The carrying out of any activity in connection with a purpose referred to in Schedule 12

must be located on the ground floor level. 100 Development of certain land in Macquarie Park Corridor (1) Despite any other provision of the Ordinance, the Council may consent to the carrying

out of development for the purpose of a motorway service centre on the following land: (a) part of an unmade section of Talavera Road, part Lot 25,

DP 232697, part Lot 27 and Lot 29, DP 232964 and part Lot 49, DP 841065 located on the western side of the M2 Motorway in the vicinity of Talavera Road, North Ryde,

(b) part Lots 11, 12, 13, 30, 31 and 32, DP 841065 and part Lot 2, DP 527058

located on the eastern side of the M2 Motorway. (2) Despite any other provision of this Ordinance, the Council must not consent to the

carrying out of the development on the land referred in subclause (1) for the purpose of a motorway service centre unless it is satisfied that the gross floor area of each motorway service centre is not greater than 700m2.

126

(3) Despite any other provision of this Ordinance, the Council may consent to the carrying

out of development of the following land for the purpose of a hotel that has both accommodation and conference facilities:

(a) Lot 4, DP 1014894 (known as 410 - 416 Lane Cove Road, North Ryde), (b) Lots 2 and 3, DP 1014894 (known as 7-13 Talavera Road, North Ryde). (4) Despite any other provision of this Ordinance, the Council may consent to the carrying

out of development on Lot B, DP 434785, known as 37-39 Epping Road, Macquarie Park, for the purposes of the following:

(a) commercial premises with a maximum gross floor area of 6082 m2, (b) a bulky goods retailing establishment with a maximum gross floor area of 2235

m2, but only if the Council imposes a condition that requires on-site car parking on the land to be limited to no more than 180 car spaces by the day on which the Parramatta to Chatswood rail link commences operation.

(5) Despite any other provision of this Ordinance, the Council may consent to the carrying

out of development on Lot 4, DP 1014894, known as 410 - 416 Lane Cove Road, North Ryde, for the purpose of a hotel that has both accommodation and conference facilities.

(6) In subclause (4) (b), bulky goods retailing establishment means a building or place

used for the sale by retail or auction, or the hire or display, of large goods which are of such size, shape and weight as to require:

(a) a large area for handling, storage, or display, and (b) easy and direct vehicular access to enable the goods to be collected by

customers after sale, and which include any of the following: (c) furniture, (d) electrical goods, (e) toys or sporting equipment, (f) office supplies or furniture, (g) hardware, (h) outdoor products, (i) floor coverings, (j) automotive parts and accessories, (k) lighting, (l) antiques and second-hand goods, (m) kitchen or bathroom showrooms, (n) tiles (floor, ceiling or wall). 101 Serviced apartments in the Macquarie Park Corridor

127

Despite any other provision of this Ordinance, the Council must not consent to the carrying out of development in the Corridor for the purpose of serviced apartments unless:

(a) the development comprises at least 2 self-contained dwellings, and (b) all dwellings are on a single land title (that is, not on separate strata or other

titles), and (c) the development includes private or communal facilities that are of adequate size

and amenity, such as a laundry, guest reception and waiting area and external open space, and

(d) the building that is to contain the dwellings is not subject to any residential

tenancy agreements within the meaning of the Residential Tenancies Act 1987, and

(e) the building that is to contain the dwellings is not a boarding-house, motel,

hospital or hotel. 102 Retail activities in Zone No 3 (g) Business Special (Employment) Retail activities carried out on any land within Zone No 3 (g) Business Special

(Employment) must be located on the ground floor level and must not exceed 2,000m2. 103 Review of provisions The provisions of this Ordinance, as they apply to the Macquarie Park Corridor, are to

be reviewed by the Council within 2 years of the gazettal of Ryde Local Environmental Plan No 137.

128

SCHEDULE 1

Clause 22 Butcher’s shop. Chemist’s shop. Clothing shop. Confectionery shop. Crockery shop. Delicatessen. Drapery shop. Drive-in take-away food shop. Electrical appliances shop. Florist’s shop. Footwear shop. Fruit or vegetable shop. Furniture shop. Gas appliances shop. Gift shop. Grocery or health food shop. Hardware shop. Jewellery or watchmaker’s shop. Leathergoods of travelgoods shop. Musical instruments shop. Optical goods shop. Philatelist’s shop. Photographic apparatus or material shop. Small arms and ammunition shop. Smallgoods shop. Sports requisites shop. Stationery shop (books or newspapers). Tobacconist’s or hairdresser’s shop. Wine and spirit merchant’s shop.

SCHEDULE 2

Clause 22 Beauty salon. Boot or shoe repairing. Bread, cake or pastry manufacture. Dressmaking. Drycleaning or dyeing agency. Dwellings over shops. Electrician’s workshop. Hairdressing salon. Lending library. Photographic studio. Professional chambers. Radio or television mechanic’s workshop. Refreshment rooms. Service station. Tailoring. Totalizator Agency Board branch and agency premises.

129

SCHEDULE 3 Clause 22 Abattoirs. Abrasives manufacture. Agricultural machinery manufacture. Aluminium products manufacture. Asbestos cement products manufacture. Bag or sack (textile) manufacture. Boiler manufacture. Boot or shoe manufacture. Brick, tile, pipe or pottery manufacture. Cement manufacture. Cement products manufacture. Electrical machinery manufacture. Extractive industry. Fibrous plaster manufacture. Glass products manufacture. Grain milling. Hardboard manufacture. Heavy engineering. Hot mix (bitumen) manufacture. Machinery manufacture (heavy). Match manufacture. Metal founding. Motor body building. Motor vehicle manufacture or assembly. Offensive or hazardous industry. Panel beating or spray painting. Plastics manufacture. Ready mixed concrete manufacture. Sawmilling. Steel products manufacture (heavy). Stone cutting and crushing. Wire manufacture. Wool scouring.

SCHEDULE 4

Clause 22 Bank. Beauty salon. Chemist’s shop. Confectionery shop or milk bar. Fish shop. Fruit or vegetable shop. Newsagency. Smallgoods or sandwich shop. Tobacconist’s or hairdresser’s shop.

130

SCHEDULE 5

Clause 22 Abrasives manufacture. Brooms or brushes manufacture. Boots, shoes or accessories manufacture. Clothing, knitted goods or hats manufacture. Drawing or writing materials manufacture. Drugs, patent medicines, cosmetics or other toilet preparations (excluding soap)

manufacture. Food, drink or tobacco manufacture (other than meat and fish processing, grain

milling, sugar milling and refining). Furniture and fittings, bedding or furnishing drapery manufacture. Haberdashery articles manufacture. Jewellery manufacture, watchmaking, electroplating and minting. Job or general printing, bookbinding. Linoleum or leather cloth manufacture. Manufacture of bicycles, parts or accessories. Manufacture of goods of leather or leather substitutes. Manufacture of parts or accessories for motor vehicles, caravans and trailers. Manufacture or repair of machinery and machinery parts other than agricultural

and earthmoving machines (including tractors), stationary machines and power transmitting equipment.

Manufacture or repair of radio and electronic apparatus, electrical machinery and cables.

Manufacture of textile products (other than bags and sacks). Manufacture of cutlery and small tools (not machine), stoves, heaters, metal

furniture or builders’ hardware. Medical, surgical and scientific instruments or apparatus manufacture. Paper products (other than paper board) manufacture. Plastic products manufacture. Toys, games or sporting requisites manufacture.

SCHEDULE 6

Clause 22 An industry - (a) which involves the carrying out, on the land upon which the industry is

carried out, of scientific research and scientific development as an integral aspect of that industry; and

(b) which does not interfere with the amenity of the neighbourhood by reason

of the industry creating noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, waste water, waste products, grit, oil or otherwise.

SCHEDULE 7 Omitted G.G. No. 142 25/11/2005 R.L.E.P. 116

131

SCHEDULE 8 Clause 73 1. The carrying out by persons carrying on railway undertakings on land

comprised in their undertakings of - (a) any development required in connection with the movement of

traffic by rail, including the construction, reconstruction, alteration, maintenance and repair of ways, works and plant; and

(b) the erection within the limits of a railway station of buildings for any

purpose, but excluding -

(c) the construction of new railways, railway stations and bridges over

roads;

(d) the erection, reconstruction and alteration of buildings for purposes other than railway undertaking purposes outside the limits of a railway station and the reconstruction or alteration so as materially to affect the design thereof railway stations or bridges;

(e) the formation or alteration of any means of access to a road; and (f) the erection, reconstruction and alteration of buildings for purposes

other than railway purposes where such buildings have direct access to a public place.

2. The carrying out by persons carrying on public utility undertakings, being

water, sewerage, drainage, electricity or gas undertakings, of any of the following development being development required for the purposes of their undertakings, that is to say - (a) development of any description at or below the surface of the ground;

(b) the installation of any plant inside a building or the installation or

erection within the premises of a generating station or substation established before the appointed day of any plant or other structures or erections required in connection with the station or substation;

(c) the installation or erection of any plant or other structures or erections by way of addition to or replacement or extension of plant or structures or erections already installed or erected, including the installation in an electrical transmission line of substations, feeder-pillars or transformer housings, but not including the erection of overhead lines for the supply of electricity or pipes above the surface of the ground for the supply of water, or the installation of substations, feeder-pillars or transformer housings of stone, concrete or brickwork;

132


(d) the provision of overhead service * lines in pursuance of any statutory power to provide a supply of electricity.

(e) the erection of service reservoirs on land acquired or in process of being acquired for the purposes thereof before the appointed day, provided reasonable notice of the proposed erection is given to the responsible authority; or

(f) any other development except - (i) the erection of buildings, the installation or erection of plant

or other structures or erections and the reconstruction or alteration, so as materially to affect the design or external appearance thereof, of buildings; or

(ii) the formation or alteration of any means of access to a road. 3. The carrying out by persons, carrying on public utility undertakings, being

water transport undertakings, on land comprised in their undertakings, of any development required in connection with the movement of traffic by water, including the construction, reconstruction, alteration, maintenance and repair of ways, buildings, wharves, works and plant required for that purpose, except -

(a) the erection of buildings and the reconstruction or alteration of

buildings so as materially to affect the design or external appearance thereof; or

(b) the formation or alteration of any means of access to a road. 4. The carrying out by persons carrying on public utility undertakings, being

wharf or river undertakings, on land comprised in their undertakings, of any development required for the purposes of shipping or in connection with the embarking, loading, discharging or transport of passengers, livestock or goods at a wharf or the movement of traffic by a railway forming part of the undertaking including the construction, reconstruction, alteration, maintenance and repair of ways, buildings, works and plant for those purposes, except -

(a) the construction of bridges, the erection of any other buildings, and the reconstruction or alteration of bridges or of buildings, so as materially to affect the design or external appearance thereof; or

(b) the formation or alteration of any means of access to a road. Amended G.G. No. 71 19/04/1985 R.L.E.P. 21

5. The carrying out by persons carrying on public utility undertakings, being air * transport undertakings, on land comprised in their undertakings within the boundaries of any aerodrome, of any development required in connection with the movement of traffic by air, including the construction, reconstruction, alteration, maintenance and repair of ways, buildings, wharves, works and plant required for that purpose, except -

133



(b) the formation or alteration of any means of access to a road. 6. The carrying out by persons carrying on public utility undertakings, being

road transport undertakings, on land comprised in their undertakings, of any development required in connection with the movement of traffic by road, including the construction, reconstruction, alteration, maintenance and repair of buildings, works and plant required for that purpose, except -



(b) the formation or alteration of any means of access to a road. 7. The carrying out of any development required in connection with the

construction, reconstruction, improvement, maintenance or repair of any county road or other road, except the widening, realignment or relocation of such road.

8. The carrying out of any development required in connection with the

improvement, maintenance or repair of watercourses or drainage works and the construction by the Metropolitan Water Sewerage and Drainage Board of any stormwater channel commenced before the appointed day, provided the Board gives the responsible authority reasonable notice of its intention to construct such stormwater channel.

9. The carrying out by the Metropolitan Water Sewerage and Drainage Board

of any development required in connection with the provision, improvement, maintenance and repair of sewers (other than sewage treatment works) upon, below or above the surface of the ground, provided the Board gives the responsible authority reasonable notice of its intention to carry out such development.

SCHEDULE 9

Clause 56A(5)(2)Inserted G.G. No.111 12/08/1983 R.L.E.P. 11


SCHEDULE 10

Clause 22Antique shop. Camping equipment shop.

Inserted G.G. No. 71 19/04/1985 Carpet Shop.

134

R.L.E.P. 21 Commercial Premises. Craft shop. Light industry. Marine supplies. Musical instrument shop. Office equipment supplies. Plant shop. Sporting requisites shop. Swimming pool supplies. Tile shop.

SCHEDULE 11 Clause 72J(2)

Heritage Items Inserted G.G. No.114 09/08/1991 R.L.E.P. 49



Omitted G.G. No. 14 17/01/2003 R.L.E.P. 105

135

SCHEDULE 12

(Clauses 22 and 99)Inserted G.G. No.144 11/12/1992 R.L.E.P. 54

Any purpose which is primarily intended to service:


(a) the daily convenience needs of employees of and visitors to the land and may include shops, restaurants, professional or personal services, recreation facilities and the like; or

(b) the needs of businesses and organisations within the vicinity of the land

and may include business services, clubs, conference and meeting facilities and the like.

SCHEDULE 13

Clause 72MA Inserted G.G. No. 63 24/05/1996 R.L.E.P. 69

Classification and reclassification of public land as operational land


Part 1 Land classified, or reclassified, under original Section 30 of Local Government Act 1993

Denistone Denistone Bowling Club Lot 10, D.P. 792257 and Lot 580, D.P.

340013, as shown edged heavy black on Sheet 1 of the map marked “Ryde Local Environmental Plan No. 69” deposited in the office of the Council.

Eastwood Glen Street Car Park Lots 16-18 and part Lot 28, D.P. 10617,

as shown edged heavy black on Sheet 1 of the map marked “Ryde Local Environmental Plan No. 69” deposited in the office of the Council.

Hillview Lane Car Park Lot 2, D.P. 437267, as shown edged

heavy black on Sheet 2 of the map marked “Ryde Local Environmental Plan No. 69” deposited in the office of the Council.


Renee Park Lot G, D.P. 30554, as shown hatched on Sheet 1 of the map marked “Ryde Local Environmental Plan No. 89” Deposited in the office of the Council.

53-71 Rowe Street Lot 1, D.P. 947742, as shown hatched

136

on Sheet 3 of the map marked “Ryde Local Environmental Plan No. 89” deposited in the office of the Council.

Gladesville Inserted G.G. No. 169 04/12/1998 R.L.E.P. 89

Coulter Street Car Park Lots 15, 16 and 17, D.P. 192508, Lot 18, D.P. 563146 and Lot 1, Section C, D.P. 1821, as shown hatched on Sheet 4 of the map marked “Ryde Local Environmental Plan No. 89” deposited in the office of the Council.

John Wilson Car Park Lots A and B, D.P. 25328, Lot 1, D.P.

16497 and Lots 4 and 5, D.P. 13297, as shown hatched on Sheet 3 of the map marked “Ryde Local Environmental Plan No. 89” deposited in the office of the Council.


Rockend Cottage Lot 1, D.P. 746316, as shown hatched on Sheet 1 of the map marked “Ryde Local Environmental Plan No. 89” Deposited in the office of the Council.

North Ryde Cox’s Road Car Park Lot 1, D.P. 605185, as shown edged



Cutler Parade Car Park Lot 2, D.P. 609850, as shown hatched on Sheet 3 of map marked “Ryde Local Environmental Plan No. 89” deposited in the office of the Council.

Porters Creek tip site Lot 2, D.P. 527058, Lot 2, D.P. 703119,

part of Lots 456A and 456B, D.P. 350018 and Lot 459, D.P. 752035, as shown edged heavy black on Sheet 1 of the map marked “Ryde Local Environmental Plan No. 69” deposited in the office of the Council.

Putney Inserted G.G. No. 169 04/12/1998 R.L.E.P. 89

Charles Street Car Park Lot 5, D.P. 8329, as shown hatched on Sheet 4 of the map marked “Ryde Local Environmental Plan No. 89” deposited in the office of the Council.

Ryde Inserted G.G. No. 169

Church Street Car Park Lots 1 and 2, D.P. 391300, as shown

137

04/12/1998 R.L.E.P. 89

Hatched on Sheet 4 of the map marked “Ryde Local Environmental Plan No. 89” deposited in the office of the Council.

2A Edward Street Lot 1, D.P. 309631, as shown hatched

on Sheet 2 of the map marked “Ryde Local Environmental Plan No. 89” Deposited in the office of the Council.

Ivy Reserve, Ivy Street. Lot 11, D.P. 29353, as shown edged



Olympic Park Part Lot 1, DP 323176, as shown edged heavy black on the map marked “Ryde Local Environmental Plan No. 98” Deposited in the office of the Council.

West Ryde Inserted G.G. No. 169 04/12/1998 R.L.E.P. 89

15-19 Chatham Road Lots 149, 150 and 151, D.P. 11208, as shown hatched on Sheet 2 of the map marked “Ryde Local Environmental Plan No. 89” deposited in the office of the Council.


Part 2 Land Classified, or reclassified, under Amended Section 30 of Local Government Act 1993 – interests not changed

Column 1 Locality

Column 2 Description

Part 3 Land classified, or reclassified, under amended Section 30 of

Local Government Act 1993 – interests changed

Column 1 Column 2 Column 3 Locality Description Trusts etc not discharged

East Ryde Part of Kittys Creek

Reserve Part of Lot 35, DP 236893, as

shown edged heavy black on Sheet 1 of the map marked “Ryde Local

Environmental Plan No 97” deposited in the office of the

Council.

Nil

SCHEDULE 14 Clause 72NA

Automotive retail sales. Retail tyre sales.

Inserted GG 152 04/04/2000 RLEP 95 Office equipment supplies ( with a maximum gross floor area of 2000m2) Service station (with or without car wash).

138

Convenience store. Refreshment rooms.

SCHEDULE 15 - HERITAGE ITEMS Inserted G.G. 14 17/01/2003 R.L.E.P. 105

Clause 84

Note: The description in the list refers to the item that has heritage significance. However, clause 86 (1) requires consent for development carried out on the site

of a heritage item. In relation to Column 5, HC means Heritage Council and LAC means Local Aboriginal Community.

COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5 No. on Map Address Type Significance Consultation

101 Agincourt Rd

(53), "Curzon Hall”, Marsfield

Restaurant National and State HC

219 Agincourt Rd

(74), Eastwood Town Hall, Marsfield

Hall Local

7 Amiens St

(19A), Gladesville

House Local

11 Amiens St

(23-31), Gladesville

Houses Local

98 Arthur St (8),

Ryde House Local

228 Ashburn Pl

(45), Glades Bay Park, Gladesville

Monument Local

129 Auld Ave (4),

Eastwood House Local


172 Auld Ave (14),


93 Badajoz Rd (7), Ryde Cottage Local

139

323 Balaclava Rd (192),

Macquarie University, Macquarie Park

Ruins Local

200 Bedlam Pt,

Gladesville Wharf Remains Local

201 Bedlam Pt,

Gladesville Rock Engraving Aboriginal and

Archaeological LAC

177 Blaxland Rd

(7), Ryde Park, Ryde

Gazebo Local

303 Blaxland Rd

(22), “Ebenezer”, Ryde

Church Local

272 Blaxland Rd

(115-121), Top Ryde Shopping Centre, Ryde

Shop Local

276 Blaxland Rd

(142), Masonic Temple, Ryde

Hall Local

160 Blaxland Rd

(158), “Hattons Cottage”, Ryde

Cottage Local

104 Blaxland Rd

(495), “Highbury House”, Denistone East

House Local

213 Blaxland /

Victoria Rds, Ryde Fountain Local


116 Bowden St

(74A), Ryde

Church Local

161 Bridge Rd House Local

140

(50-52), North Ryde

86 Cambridge St (10), Gladesville

House Local

39 Champion Rd

(79). “Harwin” Tennyson

House Local

40 Champion Rd

(85), Tennyson Cottage Local

239 Chatham Rd,

“Darvall Park” Denistone

Open Space Local

50 Church St

(25-27), Ryde Church and Hall Local

165 Church St (27),

Ryde Hall Local

48 Church St (42),

Ryde Former Court House

National and State HC

49 Church St (46),

St Anne’s Church, Ryde

Church National and State HC

215 Church St (46),

St Anne’s Cemetery, Ryde

Cemetery National and State HC

53 Church St

(76-80), Ryde Terraces Local

205 Church St, Ryde

Bridge Ryde Bridge Local

141

COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5

No. on Map Address Type Significance Consultation 142 Clanalpine St

(25), “The Rectory”, Eastwood

House Local

131 Clanalpine St

(29), St Philip’s Church, Eastwood

Church Local

109 Commissioners Rd (25),

“Poynton”, Denistone

House Local

210 Constitution Rd

(58-64), Meadowbank

Shops Local

312 Coronation Ave

(1), Eastwood House Local

96 Cox’s Rd (154),

North Ryde Public School, North Ryde

School Local

191 Cressy Rd over

Buffalo Creek, Ryde

Bridge Local

258 Delhi Rd (near),

Lane Cove National Park, North Ryde

Rock Engraving Aboriginal and Archaeological

LAC




LAC


Lane Cove River (west Side), North Ryde

Axe Grinding Aboriginal and Archaeological

LAC

142


240, 240A Delhi Rd (12),

Northern Suburbs Cemetery, Macquarie Park

Cemetery Local

280 Delhi Rd (39),

Julius Rd (3) And Richardson Place (2) and (4), North Ryde

Experimental Building

Local

180, 180L Delhi Rd (197),

Northern Suburbs Crematorium, North Ryde

Crematorium Local

136A Denistone Rd

(1), Denistone Hospital National and State

136 Denistone Rd

(1), “Denistone House”, Denistone

Hospital National and State

214 Devlin St, Ryde Obelisk Local 313 East Pde,

(outside 36A), Eastwood

Seat Local

305 Forsyth St

(61-77), West Ryde

Houses Local

250 Glades Bay

Native Gardens, Gladesville


LAC

108 Goodwin St

(27), “The Downs”, West Ryde

House Local

143


243 Great North Rd,

Bedlam Point to Eastwood

Road National and State

137 Hillview Rd

(40), “Eastwood House”, Eastwood

School National and State HC

207 John Whitton

Railway Bridge, Meadowbank

Bridge National and State HC

72 Junction St (8),

“Crowle Home”, Ryde

House Local

251 Kissing Pt,

Putney Burial Site National and State HC

242 Lane Cove National Park,

North Ryde, Marsfield Open Space National and State HC

259 Lane Cove Rd

(near), Lane Cove National Park, North Ryde


LAC

238 Lawson St

(2-4), Brush Farm Park, Eastwood

Open Space National and State HC

140 Lawson St (19),

“Brush Farm”, Eastwood

House National and State HC

110A Linton Ave (4),

West Ryde House Local

318 McPherson St

(7-9), West Ryde

Church Local

144


124 Marsden Rd

(67-69), “The Vinery”, West Ryde


310 Marsden Rd

(75), West Ryde House Local

126 Marsden Rd

(135), “Riverview”, West Ryde


255 Martin’s Creek,


Axe Grinding Aboriginal and Archeological

LAC

121 Maxim St (7),

West Ryde Church Local

120 Maxim St (22),

“Milton”, West Ryde

House Local

328 Maxim St, (24),


226 Meadow Cres

(2), Memorial Park, Meadowbank

Obelisk Local

262 Meadowbank

Park, Meadowbank

Midden National and State HC

314 Miriam Rd (24),

Denistone House Local

169 Miriam Rd (30),


145


85 Monash Rd

(1-9), Gladesville

House Local

66 Morrison Rd

(281), “Mayfield”, Ryde

House Local

64 Morrison Rd

(312), Ryde Shop Local

81 Myra Ave

(26-28), “Palmyra”, Ryde

House Local

118 Nancarrow Ave

(37), Meadowbank

Factory Local

135 North Rd (87),

Ryde House Local

300 Oates Ave (8),

Gladesville House Local

103 Orange St, (9),

Eastwood Cottage Local

187 Pelican St (10),


204 Pellisier Rd,

Mortlake Ferry, Putney

Punt Local

319 Pelliser Rd

(60), Putney House Local

320 Pelliser Rd

(99), Putney Park, Putney

House Remains Local

146


134 Pennant Ave

(1-9), Denistone


325 Pennant Ave

(1-9), Denistone

Garden National and State HC

168 Pennant Ave

(11-13) “Wollondilly”, Denistone

House Local

107 Pennant Ave

(37), Denistone House Local

260 Pittwater Rd

(near), Kitty’s Creek, East Ryde

Rock Shelter National and State HC

186 Pittwater Rd


Sub-station Local

87 Pittwater Rd

(120), “Towalla”, Gladesville

House Local

230 Pittwater Rd

(191), Sugarloaf Point, East Ryde

Open Space Local

231 Pittwater Rd

(231-245), “Boobajool” Reserve, East Ryde

Open Space Local

95 Pittwater Rd

(293), North Ryde

Sub-station Local

147


234 Punt Rd (38),

Banjo Paterson Park, Gladesville

Open Space Local

1 Punt Rd (40),

“Rockend Cottage”, Bedlam Pt, Gladesville

Cottage National and State HC

218 Railway Pde (15-25),

Eastwood Shops Local

55 Regent St (7),

“Woolbrook”, Ryde

House Local

315 Reserve St (33),


326 Richardson Rd

(2), “Russ in Urbe”, North Ryde

Building Local

180A Rowe St

(119-123 and 136) “Summerhayes”, Eastwood

Shops Local

179 Rowe St (186),

Eastwood Hall Local

171 Rowe St (269),

Eastwood Fire Station Local

329 Rutledge St

(24), “Upna” Eastwood

House Local

148


306 Rutledge (102,

106), and Winbourne Sts (91-95), West Ryde

Houses Local

252 Ryde Bridge

(near), Ryde Rock Engraving Aboriginal and

Archaeological LAC

184 Ryde Rd (126),

Gladesville Houses Local

189 Ryde Rd (142),

Monash Park, Gladesville

Obelisk Local

333 Ryde Rd (144),

Gladesville Drill Hall State

330 Second Avenue (2),


208 See St / Angas St,

Meadowbank Fountain Local

119 See St (34-38),

“The Laurels”, Meadowbank

Nursing Home Local

122 Station St (71),


316 Station St (72),

“Uplands”, West Ryde

House Local

56 Storey St (5),

Ryde House Local

253 Strangers Creek,

Field of Mars Reserve, Ryde


LAC

149


45 Tennyson Rd

(113-115), Tennyson

Shops Local

41 Tennyson Rd

(139), Tennyson

House Local

254 Terry’s Creek,

Eastwood Drawing Aboriginal and

Archaeological LAC

261 Terry’s Creek

Eastwood Rock Shelter Aboriginal and

Archaeological LAC

291 Terry Rd (62),

Denistone Park, West Ryde

Open Space Local

106 Terry Rd (89-91),


181 Thompson St

(3, 17, 19), Gladesville Houses Local

132 Trelawney St

(31), “Womerah’, Eastwood

House Local

79 Tucker St (2),

Ryde Public School, Ryde

School National and State HC

167 Turner St (8),

“Westward”, Ryde

House Local

163 Turner St (12),

Ryde House Local

232 Twin Rd (1-13), Wallamatta Reserve, East Ryde

Landscape National and State HC

150


322 Twin Rd (126),

“Bensonville”, North Ryde

House Local

35 Tyrell St (3),


37 Tyrell St (42),


212 Victoria Rd

(170), Gladesville

Tavern Local

21 Victoria Rd


School Local

110B Victoria Rd

(220), Gladesville

Church Local

227 Victoria Rd

(220), Gladesville

Gates Local

111 Victoria Rd

(265A), Gladesville

Church Local

173 Victoria Rd

(310), Gladesville

House Local

90 Victoria Rd

(499-521), Holy Cross College, Ryde

College National and State HC

307 Victoria Rd

(512-550), Ryde

Chapel Local

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92 Victoria Rd

(512-550) “Squireville”, Ryde


190 Victoria Rd

(562-586), St Charles Cemetery, Ryde

Cemetery Local

47 Victoria Rd

(562-582), St Charles Church, Ryde

Church National and State HC

174 Victoria Rd

(642-678), “Dalton House”, Ryde

Hospital Local

51 Victoria Rd

(770-772), “Willandra” Ryde


113 Victoria Rd

(808), Ryde Police Station National and State HC

283 Victoria Rd

(812), Ryde Court House Local

114 Victoria Rd

(813-815), “Addington” Ryde


275 Victoria Rd

(817), “The Retreat”, Ryde


150 Victoria Rd

(826), “Wallametta Club” Ryde

House Local

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149 Victoria Rd

(948), West Ryde

Pumping Station Local

144 Victoria Rd

(958), West Ryde

House Local

327 Waterview St

(24), Kissing Point Park, Putney

Former Boat Slips Local

236 Wellington Rd,

Field of Mars Wildlife Reserve, East Ryde

Open Space National and State

192 Wellington Rd

(1), Field of Mars Cemetery, Ryde

Cemetery Local

274 Wellington Rd

(1), Field of Mars Cemetery, Ryde

House Local

225 West Pde (45),

Eastwood Park, Eastwood

Gates Local

170 West Pde (45),


Pavilion Local

139 West Pde (45),


Grandstand Local

139A West Pde (45),


Grandstand Local

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143 West Pde (78), Denistone

House Local

211 Wharf Rd, Melrose Park

Wharf Local

9 Wharf Rd (37), Gladesville

House Local

5 Wharf Rd (43-45), Gladesville

Houses Local

304 Wharf Rd (55), Gladesville

House Local

112 Wharf Rd (76), “Avondale” Gladesville

House Local

2 Wharf Rd (96), Looking Glass Pt, Gladesville

Boat House Local

224 Wharf/Meriton Sts, Memorial Clock, Gladesville

Clock Local

301 Wicks Rd (16), North Ryde

House Local

97 Wicks Rd (60 And 62), North Ryde

Houses Local

123 Winbourne St (12), Ermington Public School, West Ryde

School Local

128 Winbourne St (94), West Ryde

House Local

309 Winbourne St (96), West Ryde

House Local

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SCHEDULE 16 – HERITAGE CONSERVATION AREAS Inserted G.G. No. 14 17/01/2003 R.L.E.P. 105

Clause 84

Note: Heritage conservation areas are identified on the Heritage Conservation Area Map.

No. On Map Heritage Conservation Area No 1 - Brush Farm, Eastwood 334 Heritage Conservation Area No 2 - Maxim Street, West Ryde 121, 120,

328, 340 Heritage Conservation Area No 3 - Ryedale Road, West Ryde 147, 347 Heritage Conservation Area No 4 - Eastwood House Estate,

Eastwood 137, 337

SCHEDULE 17 – PLANNING PRINCIPLES FOR URBAN VILLAGES Inserted G.G. No. 114 18/07/2003 R.L.E.P. 110

Clause 51A

1. Regional Role

(1) Development should contribute to the status of the land as an important business, employment and residential location.

(2) Development is to promote a compact working and living

environment to maximise the efficient use of resources and infrastructure provision.

2. Integrated Planning and Development (1) Planning and development is to ensure that social, economic,

environmental and urban design issues are considered together and with proper regard for their mutual and cumulative impacts.

(2) All planning, design and development activities must take

account of and effectively respond to the linkages and interfaces between public space and private land.

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3. Public Domain (1) Development is to define and contribute to the public domain so as

to create a high quality physical setting for buildings, which is safe and accessible and can be enjoyed by shoppers, residents and workers.

(2) Development of the public domain is to enhance the integration

between individual precincts and their surrounding areas. (3) Public space areas should be set aside for public use and

enjoyment. Development that enhances the enjoyment of these public spaces, such as kiosks, restaurants and recreation facilities,

is to be encouraged.

(4) Carparking facilities should be set back away from the public spaces and should not prejudice pedestrian and cycle use of the public space.

(5) Public streets and spaces should be created generally in

accordance with: (a) the Eastwood Master Plan by the Council, in relation to land

shown edged with a broken black line on the map marked “Ryde Local Environmental Plan No 110 – Eastwood Urban Village” deposited in the office of the Council.

(b) The West Ryde Master Plan prepared by the Council, in

relation to land shown edged with a blue line on the map marked “Ryde Local Environmental Plan No 110 – West Ryde Urban Village” deposited in the office of the Council.

4. Urban Form (1) Urban form is to reflect its location in relation to transport nodes,

existing residential and commercial precincts, be architecturally rich and diverse, define and enhance the public domain and allow for mixed uses.

(2) Building form within specified blocks is to be articulated both in

height and mass to provide interest, resolve urban design and environmental issues and satisfy other planning principles in this Schedule.

(3) Buildings are to be of high quality and adaptable to a variety of

uses over time, to ensure their long life. (4) Buildings are to support and be integrated into the public domain

network to achieve coherence and purpose. (5) The integrity of heritage items and significant landscape elements

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is to be protected and enhanced. 5. Land Use Mix (1) Development is to provide a variety of housing types and

employment – based activities and contribute to the creation of a range of precincts with character.

(2) Development is to contribute to an integrated mixed use

development pattern (both vertical and horizontal) containing a wide range of housing, employment and recreational opportunities.

(3) Development is to facilitate the increase and diversity of

employment opportunities, which are to be compatible with achieving a high quality mixed shopping, living and working environment.

6. Transport and Access (1) Development is to promote the reduction of motor vehicle

dependency and actively encourage the use of public transport, walking and cycling.

(2) An accessible environment for people with disabilities and mobility

difficulties is to be created to ensure access equity. (3) The intensity of development is to be in accordance with the

capacity of existing and proposed public transport and road systems.

(4) Parking provision is to acknowledge accessibility by foot, bicycle

and public transport. 7. Environmental Performance (1) Development is to create a safe and comfortable environment for

shoppers, residents and workers in both the private and public space, by “best practice” design to ensure buildings and spaces achieve maximum environmental performance and minimum resources use.

(2) Development is to be designed having regard to the following: (a) wind effect, (b) reflectivity, (c) noise attenuation, (d) solar access and energy conservation,

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(e) water conservation and re-use, (f) stormwater management, (g) use of recycled materials, (h) waste reduction. (3) The development of public spaces is to contribute to greater bio-

diversity, habitat protection and enhancement and better air and water quality.

SCHEDULE 18 – PLANNING PRINCIPLES FOR MACQUARIE PARK

CORRIDOR Inserted G.G. No. 9 20/01/2006 R.L.E.P. 137

(Clause 93)

1. Environmental principles The environmental principles are as follows: (a) to strongly define the public domain and active street frontages in

the areas surrounding the proposed railway stations, by close alignment of buildings to the street edge and selection of appropriate street-front uses,

(b) to ensure a transition between the Corridor development and

surrounding areas, (c) to encourage higher use of public transport (both rail and bus) by

providing safe direct pedestrian and cycle links to bus stops and proposed station entries,

(d) to provide landscape and street details to unify areas within the

Corridor and, where appropriate, integrate with the surrounding natural and built environments,

(e) to develop innovative, ecologically sustainable, flexible buildings

and open spaces, (f) to pay special attention to the important interface between new

buildings and open spaces, particularly the National Park and existing creek areas,

(g) to establish a permeable street pattern that provides several links to

the surrounding street system and provides an internal grid system, (h) to provide efficient layout of parking and loading facilities, screened

from view of streets, (i) to take advantage of northerly aspect to create pleasant outdoor

public and semi-public spaces,

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(j) to minimise overshadowing of open spaces, (k) to provide a central public space that contributes to the vitality and

sustainability of the Corridor, (l) to incorporate ecological sustainable development measures into

the design of new developments in the areas of energy conservation, waste management, water conservation and ecological enhancement,

(m) to minimise the impact of traffic noise on the occupants of future

developments (2) Social principles The social principles are as follows: (a) to incorporate the principles of “Safer by Design” into the design of

all new buildings and open space areas, (b) to provide easy pedestrian and cycle access for both able-bodied

and mobility-impaired people, throughout the Corridor both in the public domain and within private developments,

(c) to improve pedestrian and cycle connections between the Corridor

and surrounding residential areas and minimise environmental impacts on the locality generally,

(d) to provide buildings that are designed to accommodate the needs of

people with disabilities, (e) to encourage the creation of common spaces within private

developments that promote social interaction, (f) to ensure that all buildings have easy, safe vehicular access and

street address, (g) to provide open space, located in a manner appropriate to interface

with adjacent areas and provide recreation opportunities for workers,

(h) to promote the notion of a viable and vibrant employment area with

a central civic space, in the vicinity of Macquarie Park Station, that provides a focus for community and government activities,

(i) to provide 24-hour access for authorised emergency vehicles in

accordance with the relevant Australian Standards, (j) to provide buildings that are designed with well-defined and

accessible entrances.

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3 Economic Principles The economic principles are as follows: (a) to provide flexible buildings that are adaptable to the changing floor

plate and layout needs of commercial and high-tech industries over time,

(b) to provide a variety of floor plate sizes to suit a range of businesses, (c) to promote a central location for civic and government activities, (d) to facilitate the continuance of existing “non conforming” uses in the

short term, (e) to permit limited residential uses in appropriate identified areas

provided they do not undermine the economic viability of the planned commercial and high-tech industrial function of the Corridor.


SCHEDULE 19 PLANNING PRINCIPLES FOR RYDE TOWN CENTRE (Clause 51F)

1 Regional role Development within the Ryde Town Centre is to contribute to the

status of the land as an important retail, business, employment, recreational, entertainment, civic and residential centre.

2 Sustainable planning and development (1) Development is to minimise energy, water and materials use and

resultant pollutants (such as greenhouse gases, stormwater liquid and solid waste ) during construction and life cycle of the development.

(2) Planning and development is to ensure that social, economic and

environmental issues are considered together and with proper regard for their mutual cumulative impacts.

(3) Development is to enhance employment, recreation and residential

opportunities, and encourage adaptable living environments, in the Ryde Town Centre.

(4) The comprehensive redevelopment of Precinct 2 (the Town Core

Precinct), as identified on the map marked “Ryde Local Environment Plan No 143 Ryde Town Centre Precincts” deposited in the office of the Council of the City of Ryde (the Precinct Map), is to include a mix of residential, recreation, civic and commercial development and contribute to the revitalisation of the Ryde Town Centre.

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(5) Residential development (with the exception of Precincts 9, 10, and 11 as identified on the Precinct Map) is to provide a variety of housing (including affordable housing) to accommodate a range of income groups and increase housing choice.

3 Public domain (1) All planning, design and development activities must take account of

and effectively respond to the linkages and interfaces between public space and private land and create a high quality physical setting for buildings.

(2) Development is to create a safe and accessible public domain that

will be enjoyed by shoppers, residents, workers and visitors. Active uses are to be located along pedestrian thoroughfares and streets.

(3) Development of the public domain is to facilitate pedestrian

movement and cycling between precincts within the Ryde Town Centre and surrounding areas.

(4) Public streets and public domain spaces are to be created in

accordance with relevant Council policies, and have regard to the Ryde Park Master Plan and the Ryde Town Centre Public Domain Plan.

4 Urban form

(1) Development is to demonstrate design quality and respond appropriately to the landmark qualities of the ridgeline, gateway locations and to places of heritage significance within Ryde Town Centre.

(2) Urban form, including public domain enhancements, land use,

height and appropriate built form, are to contribute to an individual identity for each precinct identified on the Precinct Map.

(3) Development is to provide a transition between the Town Centre

and adjoining residential areas with complementary land-uses and the scale and massing of built form.

5 Transport and access (1) Development is to promote a compact working and living

environment to maximize the efficient use of resources and infrastructure provisions.

(2) The safety, amenity and convenience of pedestrians and cyclists is

to be considered in all development. (3) Public transport use will be promoted by the provision of facilities for

users.

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SCHEDULE 20 PLANNING CONTROLS FOR RYDE TOWN CENTRE PRECINCTS (Clause 51G)

1 Precinct 1 – Civic/Mixed Use (1) The maximum nett useable floor area for Precinct 1 is 100,000m2. (2) This subclause applies to development for the purpose of the

erection of any building, or for additions to any existing building, in Precinct 1which would result in:

(a) the total nett useable floor area in all buildings in the

Precinct exceeding 20,000m2, or (b) residential use in the Precinct. (3) Except in the case where a development application is for the

development of the whole Precinct, consent must not be granted for the development to which subclause (2) applies.

(4) Consent must not be granted for development to which subclause

(2) applies unless the consent authority has considered the following:

(a) an Access Management Plan (addressing vehicular,

bicycle, pedestrian and public modes of transport), (b) a Design Quality Plan (c) a Public Domain Enhancement Plan, (d) an Arts and Cultural Plan, (e) an Economic Impact Report, (f) a Social Impact Report, (g) a Staging Plan, (h) a Construction Management Plan, (i) a 3D Computer Model of the development. (5) If consent has previously been granted to development to which

subclause (2) applies, this clause does not prevent the consent authority from subsequently granting consent to a development application that seeks to modify the development that was the

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subject of the initial development application, whether before or after completion. In such a case, if the consent authority is satisfied that compliance with subclause (3) or one or more of the paragraphs of subclause (4) is not necessary, consent may be granted without compliance with that subclause or the paragraph or paragraphs.

(6) Car parking provided in excess of the standards set out in Ryde

Development Control Plan 29A Parking is not be included in the calculation of nett useable floor area for the purposes of this clause, if the car parking is designed and located so that it is not visible when viewed from public streets, thoroughfares and plazas.

2 Precinct 2 – Town Centre (1) The maximum nett useable floor area for Precinct 2 is 150,000m2

with a land use mix that includes: (a) a minimum 15% being residential development, and (b) a maximum 45% being development for the purpose of

shops. (2) An adequate mix of land uses in the Precinct will be achieved. (3) This subclause applies to development in Precinct 2 that would

result in: (a) the total nett useable floor area in all buildings in the

Precinct exceeding 30,000m2, or (b) residential use in the Precinct. (4) Consent must not be granted for any application for development to

which subclause (3) applies in Precinct 2, unless: (a) the development application is a development application

for the development of the whole Precinct, and (b) the development application proposes an integrated

traffic solution for Precincts 1 and 2, that, to the satisfaction of the consent authority, takes account of the total development potential of both Precincts, and includes the following:

(i) primary vehicular access from Devlin Street

utilising grade separation in the form of access ramps and underpasses under Devlin Street and into basement car parking, and

(ii) is consistent with the map marked Devlin Street Integrated Traffic Solution deposited in the

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office of the Council of the City of Ryde.

(5) Consent must not be granted to an application for development to which subclause (3) applies unless the proposed development includes the following:

(a) a north –facing plaza of not less than 2,000m2, with a finished level at approximately RL 56 AHD and with a minimum dimension of 30 metres (in any direction) and direct pedestrian access to Pope Street. A minimum area of 1,500m2 within the total 2,000m2 plaza must be publicly accessible at times as determined by the consent authority,

(b) a main thoroughfare of not less than 10 metres wide running approximately north-south and connecting the plaza and Pope Street to Blaxland Road. . The main thoroughfare is to be free of vehicular traffic access (excluding service vehicles) and is to be open to pedestrians for at least 12 hours each day. Colonnades on either side of the thoroughfare should be provided for pedestrian comfort,

(c) community related uses, such as a library, located on the corner of Pope Street and Devlin Street, of not less than 2,500m2 nett useable floor area at one level in the building, which may include not more than 700m2 of nett useable floor area at mezzanine level. The community related uses must include:

(i) direct access from the plaza at approximately RL 56,

(ii) direct access from Pope or Devlin Street,

(iii) at least 100m2 nett useable floor area at the same level as the public street,

(iv) at least 100m2 nett useable floor area at the same level as the plaza,

(v) floor to ceiling height of not less than 6 metres clear and capable of containing mezzanine levels,

(d) a long day care centre catering for at least 60 children, including babies, toddlers and pre-schoolers and the provision of an occasional childcare centre for at least 40 children,

(e) subject to RTA, all weather protected footbridges with a lift with capacity for not less than 12 persons that, in the opinion of the consent authority, demonstrates design excellence

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connecting areas west of Devlin Street to: (i) the southern end of Precinct 2 (Town core) and that

has a footway, not less than 3 metres wide, and (ii) the northern end of Precinct 2 (Town Core) and that

has a footway, not less than 4 metres wide.

(6) When granting consent to development to which subclause (3) applies, the consent authority must be satisfied that the component of the development that comprises the integrated traffic solution (as referred to in subclause (4) (b)) is to be completed to the satisfaction of the consent authority before the occupation of any building that is the subject of the consent.

(7) Car parking provided in excess of the standards set out in Ryde Development Control Plan 29A Parking are not to be included in the calculation of nett useable floor area for the purposes of this clause, if the car parking is designed and located so that it is not visible when viewed from public streets, thoroughfares and plazas.

(8) Consent must not be granted for development under subclause (3) unless the consent authority has considered the following:

(a) an Access Management Plan (addressing vehicular, bicycle, pedestrian, and public modes of transport),

(b) a Design Quality Plan,

(c) a Public Domain Enhancement Plan (that will assist to implement the Ryde Park Master Plan and the Ryde Town Centre Public Domain Plan),

(d) an Arts and Cultural Plan,

(e) an Economic Impact Report,

(f) a Social Impact Assessment Report,

(g) a Staging Plan,

(h) a Construction Management Plan,

(i) a 3D Computer Model of the development.

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(9) If consent has previously been granted to development to which subclause (2) applies, this clause does not prevent the consent authority from subsequently granting consent to a development application that seeks to modify the development that was the subject of the initial development application, whether before or after completion. In such a case, if the consent authority is satisfied that compliance with one or more of the provision of subclauses (4), (5) and (8) is not necessary, consent may be granted without compliance with the provision concerned.

(10) Subclause (4) does not apply to a development application that, in the opinion of the consent authority, is a subsequent development application to a staged development application for which consent has been granted.

3 Precinct 3 – Main Street

(1) Despite clause 51H, consent may be granted for development on land in Precinct 3 for the purpose of a building that is five storeys or less in height if:

(a) the development site is a least 900m2 in area, and

(b) the proposed development provides laneway access in accordance with Ryde Town Centre Development Control Plan 56.

(2) Site amalgamation and the redevelopment of land within the area bounded by Blaxland Road, Devlin Street, Tucker Street and Pope Street.

This subclause applies to land within the area bounded by Blaxland Road, Devlin Street, Tucker Street and Pope Street that is not within Precinct 2.

(3) Despite any other provision of this Ordinance, clause 51H (2) (which related to Precinct 2) of this Ordinance and clause 2 or this Schedule apply to the following development:

(a) development relating to one or more lots in the land to which subclause (2) applies, together with one or more lots in Precinct 2, that involves the amalgamation of those lots into a single allotment, or

(b) development on a single allotment which has resulted from the amalgamation of one or more allotments in Precinct 2 with one or more allotments in Precinct 3.

ORDINANCE. LOCAL GOVERNMENT ACT, 1919. PROCLAMATION. · 2015-06-27 · “child care centre”...

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Transcript of ORDINANCE. LOCAL GOVERNMENT ACT, 1919. PROCLAMATION. · 2015-06-27 · “child care centre”...