---
# System prepended metadata

title: Blacktown Local Environmental Plan 2015 - Part 1
tags: [' LEP', NSW]

---

---
tags: NSW, LEP
---

# Blacktown Local Environmental Plan 2015 - Part 1
===

*URL: https://www.legislation.nsw.gov.au/view/html/inforce/current/epi-2015-0239*
*Current version for 27 November 2020 to date (accessed 15 December 2020 at 13:41)*

- [Blacktown Local Environmental Plan 2015 - Part 1](/DUp7u0qXQNyEDV7rs2me8A)
- [Blacktown Local Environmental Plan 2015 - Part 2](/8TZKrRsKTAGUHEUkGT2dbA)


## Part 1 Preliminary

### 1.1 Name of Plan
This Plan is Blacktown Local Environmental Plan 2015.

#### 1.1AA Commencement
This Plan commences on the day that is 6 weeks after the day on which it is published on the NSW legislation website.

### 1.2 Aims of Plan
1. This Plan aims to make local environmental planning provisions for land in Blacktown in accordance with the relevant standard environmental planning instrument under section 3.20 of the Act.
2. The particular aims of this Plan are as follows—
a. to recognise the role of the urban renewal precincts as the major locations for higher density residential and employment development for the city,
b. to ensure that appropriate housing opportunities are provided for all current and future residents through diversity of housing choice,
c. to provide land for community facilities, public purposes and recreational pursuits,
d. to encourage development opportunities for business and industry so as to deliver local and regional employment growth,
e. to minimise risk to the community by restricting development in sensitive areas that are subject to flooding and other hazards,
f. to provide for infrastructure to maintain and meet demands arising from housing and employment growth,
g. to conserve and enhance Blacktown’s built, natural and cultural heritage,
h. to conserve, restore and enhance biological diversity and ecosystem health, particularly threatened species, populations and communities.

### 1.3 Land to which Plan applies
This Plan applies to the land identified on the Land Application Map.

### 1.4 Definitions
The Dictionary at the end of this Plan defines words and expressions for the purposes of this Plan.

### 1.5 Notes
Notes in this Plan are provided for guidance and do not form part of this Plan.

### 1.6 Consent authority
The consent authority for the purposes of this Plan is (subject to the Act) the Council.

### 1.7 Maps
1. A reference in this Plan to a named map adopted by this Plan is a reference to a map by that name—
a. approved by the local plan-making authority when the map is adopted, and
b. as amended or replaced from time to time by maps declared by environmental planning instruments to amend or replace that map, and approved by the local plan-making authority when the instruments are made.
(1AA) (Repealed)
2. Any 2 or more named maps may be combined into a single map. In that case, a reference in this Plan to any such named map is a reference to the relevant part or aspect of the single map.
3. Any such maps are to be kept and made available for public access in accordance with arrangements approved by the Minister.
4. For the purposes of this Plan, a map may be in, and may be kept and made available in, electronic or paper form, or both.
*Note—
The maps adopted by this Plan are to be made available on the official NSW legislation website in connection with this Plan. Requirements relating to the maps are set out in the documents entitled Standard technical requirements for LEP maps and Standard requirements for LEP GIS data which are available on the website of the Department of Planning and Environment.*

### 1.8 Repeal of planning instruments applying to land
1. All local environmental plans and deemed environmental planning instruments applying only to the land to which this Plan applies are repealed.
*Note—
The following local environmental plans are repealed under this provision—
Blacktown Local Environmental Plan 1988
Blacktown Local Environmental Plan (Central Business District) 2012*
2. All local environmental plans and deemed environmental planning instruments applying to the land to which this Plan applies and to other land cease to apply to the land to which this Plan applies.

#### 1.8A Savings provision relating to development applications
If a development application has been made before the commencement of this Plan in relation to land to which this Plan applies and the application has not been finally determined before that commencement, the application must be determined as if this Plan had not commenced.
*Note—
However, under Division 3.5 of the Act, a development application may be made for consent to carry out development that may only be carried out if the environmental planning instrument applying to the relevant development is appropriately amended or if a new instrument, including an appropriate principal environmental planning instrument, is made, and the consent authority may consider the application. The Division requires public notice of the development application and the draft environmental planning instrument allowing the development at the same time, or as closely together as is practicable.*

#### 1.8B Amendment of SEPPs applying to land
1. State Environmental Planning Policy No 29—Western Sydney Recreation Area is amended by omitting clauses 5 and 6 and by inserting instead—
5 Plan does not apply to land to which Blacktown LEP 2015 applies
This Plan does not apply to the land to which Blacktown Local Environmental Plan 2015 applies.
2. State Environmental Planning Policy No 59—Central Western Sydney Regional Open Space and Residential is amended by inserting at the end of clause 4—

2. Despite subclause 1., this Plan does not apply to the land to which Blacktown Local Environmental Plan 2015 applies.

### 1.9 Application of SEPPs
1. This Plan is subject to the provisions of any State environmental planning policy that prevails over this Plan as provided by section 3.28 of the Act.
2. The following State environmental planning policies (or provisions) do not apply to the land to which this Plan applies—
State Environmental Planning Policy No 1—Development Standards

#### 1.9A Suspension of covenants, agreements and instruments
1. For the purpose of enabling development on land in any zone to be carried out in accordance with this Plan or with a consent granted under the Act, any agreement, covenant or other similar instrument that restricts the carrying out of that development does not apply to the extent necessary to serve that purpose.
2. This clause does not apply—
a. to a covenant imposed by the Council or that the Council requires to be imposed, or
b. to any relevant instrument within the meaning of section 13.4 of the Crown Land Management Act 2016, or
c. to any conservation agreement within the meaning of the National Parks and Wildlife Act 1974, or
d. to any Trust agreement within the meaning of the Nature Conservation Trust Act 2001, or
e. to any property vegetation plan within the meaning of the Native Vegetation Act 2003, or
f. to any biobanking agreement within the meaning of Part 7A of the Threatened Species Conservation Act 1995, or
g. to any planning agreement within the meaning of Subdivision 2 of Division 7.1 of the Act.
3. This clause does not affect the rights or interests of any public authority under any registered instrument.
4. Under section 3.16 of the Act, the Governor, before the making of this clause, approved of subclauses 1.–3..

## Part 2 Permitted or prohibited development

### 2.1 Land use zones
The land use zones under this Plan are as follows—

##### Rural Zones
RU4 Primary Production Small Lots

##### Residential Zones
R1 General Residential
R2 Low Density Residential
R3 Medium Density Residential
R4 High Density Residential

##### Business Zones
B1 Neighbourhood Centre
B2 Local Centre
B3 Commercial Core
B4 Mixed Use
B5 Business Development
B7 Business Park

##### Industrial Zones
IN1 General Industrial
IN2 Light Industrial

##### Special Purpose Zones
SP1 Special Activities
SP2 Infrastructure

##### Recreation Zones
RE1 Public Recreation
RE2 Private Recreation

##### Environment Protection Zones
E2 Environmental Conservation
E3 Environmental Management

##### Waterway Zones
W1 Natural Waterways

### 2.2 Zoning of land to which Plan applies
For the purposes of this Plan, land is within the zones shown on the Land Zoning Map.

### 2.3 Zone objectives and Land Use Table
1. The Land Use Table at the end of this Part specifies for each zone—
a. the objectives for development, and
b. development that may be carried out without development consent, and
c. development that may be carried out only with development consent, and
d. development that is prohibited.
2. The consent authority must have regard to the objectives for development in a zone when determining a development application in respect of land within the zone.
3. In the Land Use Table at the end of this Part—
a. a reference to a type of building or other thing is a reference to development for the purposes of that type of building or other thing, and
b. a reference to a type of building or other thing does not include (despite any definition in this Plan) a reference to a type of building or other thing referred to separately in the Land Use Table in relation to the same zone.
4. This clause is subject to the other provisions of this Plan.

*Notes—
1 Schedule 1 sets out additional permitted uses for particular land.
2 Schedule 2 sets out exempt development (which is generally exempt from both Parts 4 and 5 of the Act). Development in the land use table that may be carried out without consent is nevertheless subject to the environmental assessment and approval requirements of Part 5 of the Act.
3 Schedule 3 sets out complying development (for which a complying development certificate may be issued as an alternative to obtaining development consent).
4 Clause 2.6 requires consent for subdivision of land.
5 Part 5 contains other provisions which require consent for particular development.*

### 2.4 Unzoned land
1. Development may be carried out on unzoned land only with development consent.
2. In deciding whether to grant development consent, the consent authority—
a. must consider whether the development will impact on adjoining zoned land and, if so, consider the objectives for development in the zones of the adjoining land, and
b. must be satisfied that the development is appropriate and is compatible with permissible land uses in any such adjoining land.

### 2.5 Additional permitted uses for particular land
1. Development on particular land that is described or referred to in Schedule 1 may be carried out—
a. with development consent, or
b. if the Schedule so provides—without development consent,
in accordance with the conditions (if any) specified in that Schedule in relation to that development.
2. This clause has effect despite anything to the contrary in the Land Use Table or other provision of this Plan.

### 2.6 Subdivision—consent requirements
1. Land to which this Plan applies may be subdivided, but only with development consent.
Notes—
1 If a subdivision is specified as exempt development in an applicable environmental planning instrument, such as this Plan or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, the Act enables it to be carried out without development consent.
2 Part 6 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 provides that the strata subdivision of a building in certain circumstances is complying development.
2. Development consent must not be granted for the subdivision of land on which a secondary dwelling is situated if the subdivision would result in the principal dwelling and the secondary dwelling being situated on separate lots, unless the resulting lots are not less than the minimum size shown on the Lot Size Map in relation to that land.
*Note—
The definition of secondary dwelling in the Dictionary requires the dwelling to be on the same lot of land as the principal dwelling.*

### 2.7 Demolition requires development consent
The demolition of a building or work may be carried out only with development consent.
Note—
If the demolition of a building or work is identified in an applicable environmental planning instrument, such as this Plan or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, as exempt development, the Act enables it to be carried out without development consent.
 
### 2.8 Temporary use of land
1. The objective of this clause is to provide for the temporary use of land if the use does not compromise future development of the land, or have detrimental economic, social, amenity or environmental effects on the land.
2. Despite any other provision of this Plan, development consent may be granted for development on land in any zone for a temporary use for a maximum period of 52 days (whether or not consecutive days) in any period of 12 months.
3. Development consent must not be granted unless the consent authority is satisfied that—
a. the temporary use will not prejudice the subsequent carrying out of development on the land in accordance with this Plan and any other applicable environmental planning instrument, and
b. the temporary use will not adversely impact on any adjoining land or the amenity of the neighbourhood, and
c. the temporary use and location of any structures related to the use will not adversely impact on environmental attributes or features of the land, or increase the risk of natural hazards that may affect the land, and
d. at the end of the temporary use period the land will, as far as is practicable, be restored to the condition in which it was before the commencement of the use.
4. Despite subclause 2., the temporary use of a dwelling as a sales office for a new release area or a new housing estate may exceed the maximum number of days specified in that subclause.
5. Subclause 3.d. does not apply to the temporary use of a dwelling as a sales office mentioned in subclause 4..

## Land Use Table
*Note—
A type of development referred to in the Land Use Table is a reference to that type of development only to the extent it is not regulated by an applicable State environmental planning policy. The following State environmental planning policies in particular may be relevant to development on land to which this Plan applies—
State Environmental Planning Policy (Affordable Rental Housing) 2009 (including provision for secondary dwellings)
State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004
State Environmental Planning Policy (Infrastructure) 2007—relating to infrastructure facilities such as those that comprise, or are for, air transport, correction, education, electricity generating works and solar energy systems, health services, ports, railways, roads, waste management and water supply systems
State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007
State Environmental Planning Policy No 33—Hazardous and Offensive Development
State Environmental Planning Policy No 50—Canal Estate Development
State Environmental Planning Policy No 64—Advertising and Signage
State Environmental Planning Policy (Primary Production and Rural Development) 2019*

##### Zone RU4 Primary Production Small Lots
1. Objectives of zone
* To enable sustainable primary industry and other compatible land uses.
* To encourage and promote diversity and employment opportunities in relation to primary industry enterprises, particularly those that require smaller lots or that are more intensive in nature.
* To minimise conflict between land uses within this zone and land uses within adjoining zones.
* To ensure that development does not prejudice the orderly and economic development of future urban land.
* To ensure that development is sympathetic to the ecological attributes of the area.

2. Permitted without consent
Home occupations

3. Permitted with consent
Agricultural produce industries; Aquaculture; Bed and breakfast accommodation; Building identification signs; Business identification signs; Cemeteries; Community facilities; Crematoria; Dwelling houses; Environmental facilities; Environmental protection works; Extensive agriculture; Farm buildings; Flood mitigation works; Heliports; Home businesses; Home industries; Intensive plant agriculture; Landscaping material supplies; Places of public worship; Plant nurseries; Recreation facilities (outdoor); Roads; Roadside stalls; Veterinary hospitals; Water reticulation systems

4. Prohibited
Agriculture; Any other development not specified in item 2 or 3


##### Zone R1 General Residential
1. Objectives of zone
* To provide for the housing needs of the community.
* To provide for a variety of housing types and densities.
* To enable other land uses that provide facilities or services to meet the day to day needs of residents.

2. Permitted without consent
Home occupations

3. Permitted with consent
Attached dwellings; Bed and breakfast accommodation; Boarding houses; Building identification signs; Business identification signs; Centre-based child care facilities; Community facilities; Dual occupancies; Dwelling houses; Emergency services facilities; Environmental facilities; Environmental protection works; Exhibition homes; Exhibition villages; Flood mitigation works; Group homes; Home-based child care; Home businesses; Hostels; Information and education facilities; Multi dwelling housing; Neighbourhood shops; Oyster aquaculture; Places of public worship; Pond-based aquaculture; Public administration buildings; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Residential flat buildings; Respite day care centres; Roads; Semi-detached dwellings; Seniors housing; Shop top housing; Tank-based aquaculture; Veterinary hospitals

4. Prohibited
Any development not specified in item 2 or 3


##### Zone R2 Low Density Residential
1. Objectives of zone
* To provide for the housing needs of the community within a low density residential environment.
* To enable other land uses that provide facilities or services to meet the day to day needs of residents.
* To enable certain activities to be carried out within the zone that do not adversely affect the amenity of the neighbourhood.

2. Permitted without consent
Home occupations

3. Permitted with consent
Bed and breakfast accommodation; Boarding houses; Building identification signs; Business identification signs; Centre-based child care facilities; Community facilities; Dual occupancies; Dwelling houses; Emergency services facilities; Environmental facilities; Environmental protection works; Exhibition homes; Exhibition villages; Flood mitigation works; Group homes; Health consulting rooms; Home-based child care; Home businesses; Oyster aquaculture; Places of public worship; Pond-based aquaculture; Public administration buildings; Recreation areas; Respite day care centres; Roads; Seniors housing; Tank-based aquaculture; Veterinary hospitals; Water reticulation systems

4. Prohibited
Any development not specified in item 2 or 3

##### Zone R3 Medium Density Residential
1. Objectives of zone
* To provide for the housing needs of the community within a medium density residential environment.
* To provide a variety of housing types within a medium density residential environment.
* To enable other land uses that provide facilities or services to meet the day to day needs of residents.
* To enable certain activities to be carried out within the zone that do not adversely affect the amenity of the neighbourhood.

2. Permitted without consent
Nil

3. Permitted with consent
Attached dwellings; Bed and breakfast accommodation; Boarding houses; Building identification signs; Business identification signs; Centre-based child care facilities; Community facilities; Dwelling houses; Emergency services facilities; Environmental facilities; Environmental protection works; Exhibition homes; Exhibition villages; Flood mitigation works; Group homes; Home-based child care; Home businesses; Home occupations; Information and education facilities; Multi dwelling housing; Neighbourhood shops; Oyster aquaculture; Places of public worship; Public administration buildings; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Respite day care centres; Roads; Seniors housing; Shop top housing; Tank-based aquaculture; Veterinary hospitals, Water reticulation systems

4. Prohibited
Pond-based aquaculture; Any other development not specified in item 2 or 3


##### Zone R4 High Density Residential
1. Objectives of zone
* To provide for the housing needs of the community within a high density residential environment.
* To provide a variety of housing types within a high density residential environment.
* To enable other land uses that provide facilities or services to meet the day to day needs of residents.
* To enable certain activities to be carried out within the zone that do not adversely affect the amenity of the neighbourhood.
* To permit residential flat buildings in locations close to public transport hubs and centres.

2. Permitted without consent
Nil

3. Permitted with consent
Boarding houses; Building identification signs; Business identification signs; Centre-based child care facilities; Community facilities; Dwelling houses; Emergency services facilities; Environmental facilities; Environmental protection works; Exhibition homes; Exhibition villages; Flood mitigation works; Home occupations; Hotel or motel accommodation; Information and education facilities; Neighbourhood shops; Oyster aquaculture; Places of public worship; Public administration buildings; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Residential flat buildings; Respite day care centres; Roads; Seniors housing; Serviced apartments; Shop top housing; Water reticulation systems

4. Prohibited
Pond-based aquaculture; Tank-based aquaculture; Any other development not specified in item 2 or 3


##### Zone B1 Neighbourhood Centre
1. Objectives of zone
* To provide a range of small-scale retail, business and community uses that serve the needs of people who live or work in the surrounding neighbourhood.
* To allow development that is compatible with the scale and form of the surrounding area.

2. Permitted without consent
Nil

3. Permitted with consent
Boarding houses; Business premises; Centre-based child care facilities; Community facilities; Medical centres; Neighbourhood shops; Neighbourhood supermarkets; Oyster aquaculture; Respite day care centres; Roads; Shop top housing; Tank-based aquaculture; Water reticulation systems; Any other development not specified in item 2 or 4

4. Prohibited
Agriculture; Air transport facilities; Airstrips; Amusement centres; Animal boarding or training establishments; Biosolids treatment facilities; Boat building and repair facilities; Boat launching ramps; Boat sheds; Camping grounds; Caravan parks; Cellar door premises; Cemeteries; Charter and tourism boating facilities; Correctional centres; Crematoria; Depots; Eco-tourist facilities; Electricity generating works; Environmental facilities; Environmental protection works; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Forestry; Freight transport facilities; Function centres; Garden centres; Heavy industrial storage establishments; Helipads; Highway service centres; Home-based child care; Home occupations (sex services); Hospitals; Industrial retail outlets; Industrial training facilities; Industries; Information and education facilities; Jetties; Landscaping material supplies; Marinas; Mooring pens; Moorings; Mortuaries; Open cut mining; Passenger transport facilities; Plant nurseries; Pond-based aquaculture; Pubs; Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Research stations; Residential accommodation; Resource recovery facilities; Restricted premises; Roadside stalls; Rural industries; Rural supplies; Sewage treatment plants; Sex services premises; Specialised retail premises; Storage premises; Timber yards; Tourist and visitor accommodation; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Vehicle sales or hire premises; Warehouse or distribution centres; Waste disposal facilities; Water recreation structures; Water recycling facilities; Water supply systems; Wharf or boating facilities; Wholesale supplies


##### Zone B2 Local Centre
1. Objectives of zone
* To provide a range of retail, business, entertainment and community uses that serve the needs of people who live in, work in and visit the local area.
* To encourage employment opportunities in accessible locations.
* To maximise public transport patronage and encourage walking and cycling.
* To encourage the development of an active local centre that is commensurate with the nature of the surrounding area.

2. Permitted without consent
Nil

3. Permitted with consent
Boarding houses; Centre-based child care facilities; Commercial premises; Community facilities; Educational establishments; Entertainment facilities; Function centres; Information and education facilities; Medical centres; Oyster aquaculture; Passenger transport facilities; Recreation facilities (indoor); Registered clubs; Respite day care centres; Restricted premises; Roads; Service stations; Shop top housing; Tank-based aquaculture; Tourist and visitor accommodation; Water reticulation systems; Any other development not specified in item 2 or 4

4. Prohibited
Agriculture; Air transport facilities; Airstrips; Amusement centres; Animal boarding or training establishments; Biosolids treatment facilities; Boat building and repair facilities; Boat launching ramps; Boat sheds; Camping grounds; Caravan parks; Cemeteries; Charter and tourism boating facilities; Correctional centres; Crematoria; Depots; Eco-tourist facilities; Electricity generating works; Environmental facilities; Environmental protection works; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Forestry; Freight transport facilities; Heavy industrial storage establishments; Helipads; Highway service centres; Home-based child care; Home occupations (sex services); Industrial retail outlets; Industrial training facilities; Industries; Jetties; Marinas; Mooring pens; Moorings; Open cut mining; Pond-based aquaculture; Recreation facilities (major); Research stations; Residential accommodation; Resource recovery facilities; Rural industries; Sewage treatment plants; Sex services premises; Storage premises; Transport depots; Truck depots; Vehicle body repair workshops; Warehouse or distribution centres; Waste disposal facilities; Water recreation structures; Water recycling facilities; Water supply systems; Wharf or boating facilities; Wholesale supplies

##### Zone B3 Commercial Core
1. Objectives of zone
* To provide a wide range of retail, business, office, entertainment, community and other suitable land uses that serve the needs of the local and wider community.
* To encourage appropriate employment opportunities in accessible locations.
* To maximise public transport patronage and encourage walking and cycling.
* To encourage business and support activities in appropriate locations in the Blacktown central business district.
* To encourage and provide active street frontages and a network of pedestrian- friendly streets and lanes.

2. Permitted without consent
Nil

3. Permitted with consent
Centre-based child care facilities; Commercial premises; Community facilities; Educational establishments; Entertainment facilities; Function centres; Heliports; Hotel or motel accommodation; Information and education facilities; Medical centres; Oyster aquaculture; Passenger transport facilities; Recreation facilities (indoor); Registered clubs; Respite day care centres; Restricted premises; Roads; Tank-based aquaculture; Water reticulation systems; Any other development not specified in item 2 or 4

4. Prohibited
Agriculture; Air transport facilities; Airstrips; Animal boarding or training establishments; Biosolids treatment facilities; Boat building and repair facilities; Boat launching ramps; Boat sheds; Camping grounds; Caravan parks; Cemeteries; Charter and tourism boating facilities; Correctional centres; Crematoria; Depots; Eco-tourist facilities; Electricity generating works; Environmental facilities; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Forestry; Freight transport facilities; Heavy industrial storage establishments; Highway service centres; Home-based child care; Home businesses; Home occupations; Home occupations (sex services); Industrial retail outlets; Industrial training facilities; Industries; Jetties; Marinas; Mooring pens; Moorings; Mortuaries; Open cut mining; Pond-based aquaculture; Recreation facilities (major); Residential accommodation; Resource recovery facilities; Rural industries; Service stations; Sewage treatment plants; Sex services premises; Storage premises; Tourist and visitor accommodation; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Warehouse or distribution centres; Waste disposal facilities; Water recreation structures; Water recycling facilities; Water supply systems; Wharf or boating facilities; Wholesale supplies

##### Zone B4 Mixed Use
1. Objectives of zone
* To provide a mixture of compatible land uses.
* To integrate suitable business, office, residential, retail and other development in accessible locations so as to maximise public transport patronage and encourage walking and cycling.

2. Permitted without consent
Nil

3. Permitted with consent
Boarding houses; Centre-based child care facilities; Commercial premises; Community facilities; Educational establishments; Entertainment facilities; Function centres; Heliports; Hotel or motel accommodation; Information and education facilities; Medical centres; Oyster aquaculture; Passenger transport facilities; Recreation facilities (indoor); Registered clubs; Respite day care centres; Restricted premises; Roads; Seniors housing; Shop top housing; Tank-based aquaculture; Water reticulation systems; Any other development not specified in item 2 or 4

4. Prohibited
Agriculture; Air transport facilities; Airstrips; Animal boarding or training establishments; Biosolids treatment facilities; Boat building and repair facilities; Boat launching ramps; Boat sheds; Camping grounds; Caravan parks; Cemeteries; Charter and tourism boating facilities; Crematoria; Depots; Eco-tourist facilities; Electricity generating works; Environmental facilities; Exhibition villages; Extractive industries; Farm buildings; Forestry; Freight transport facilities; Heavy industrial storage establishments; Highway service centres; Home occupations (sex services); Industrial retail outlets; Industrial training facilities; Industries; Jetties; Marinas; Mooring pens; Moorings; Mortuaries; Open cut mining; Pond-based aquaculture; Recreation facilities (major); Residential accommodation; Resource recovery facilities; Rural industries; Sewage treatment plants; Sex services premises; Storage premises; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Warehouse or distribution centres; Waste disposal facilities; Water recreation structures; Water recycling facilities; Water supply systems; Wharf or boating facilities; Wholesale supplies

##### Zone B5 Business Development
1. Objectives of zone
* To enable a mix of business and warehouse uses, and specialised retail premises that require a large floor area, in locations that are close to, and that support the viability of, centres.
* To enable other land uses that provide facilities or services to meet the day to day needs of workers in the area.
* To maintain the economic viability of centres by limiting general retailing and commercial activity.
* To allow development that is compatible with the scale and form of the surrounding area.

2. Permitted without consent
Nil

3. Permitted with consent
Building identification signs; Business identification signs; Centre-based child care facilities; Food and drink premises; Funeral homes; Garden centres; Hardware and building supplies; Hotel or motel accommodation; Kiosks; Landscaping material supplies; Light industries; Neighbourhood shops; Oyster aquaculture; Passenger transport facilities; Plant nurseries; Respite day care centres; Roads; Rural supplies; Specialised retail premises; Tank-based aquaculture; Vehicle sales or hire premises; Warehouse or distribution centres; Water reticulation systems; Any other development not specified in item 2 or 4

4. Prohibited
Agriculture; Air transport facilities; Airstrips; Amusement centres; Animal boarding or training establishments; Biosolids treatment facilities; Boat building and repair facilities; Camping grounds; Caravan parks; Cemeteries; Commercial premises; Correctional centres; Crematoria; Depots; Eco-tourist facilities; Electricity generating works; Entertainment facilities; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Forestry; Heavy industrial storage establishments; Helipads; Highway service centres; Home-based child care; Home businesses; Home industries; Home occupations; Home occupations (sex services); Industries; Information and education facilities; Marinas; Mortuaries; Open cut mining; Pond-based aquaculture; Recreation facilities (major); Residential accommodation; Resource recovery facilities; Restricted premises; Rural industries; Sewage treatment plants; Sex services premises; Signage; Tourist and visitor accommodation; Transport depots; Truck depots; Waste disposal facilities; Water recreation structures; Water recycling facilities; Water supply systems; Wharf or boating facilities

##### Zone B7 Business Park
1. Objectives of zone
* To provide a range of office and light industrial uses.
* To encourage employment opportunities.
* To enable other land uses that provide facilities or services to meet the day to day needs of workers in the area.
* To ensure that development does not have an adverse impact on the scale and form of the surrounding area.

2. Permitted without consent
Nil

3. Permitted with consent
Building identification signs; Business identification signs; Centre-based child care facilities; Food and drink premises; Garden centres; Hardware and building supplies; Hotel or motel accommodation; Light industries; Neighbourhood shops; Office premises; Oyster aquaculture; Passenger transport facilities; Respite day care centres; Roads; Tank-based aquaculture; Vehicle sales or hire premises; Warehouse or distribution centres; Water reticulation systems; Any other development not specified in item 2 or 4

4. Prohibited
Agriculture; Air transport facilities; Airstrips; Amusement centres; Animal boarding or training establishments; Boat building and repair facilities; Boat launching ramps; Boat sheds; Camping grounds; Caravan parks; Cemeteries; Charter and tourism boating facilities; Commercial premises; Correctional centres; Depots; Eco-tourist facilities; Electricity generating works; Entertainment facilities; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Forestry; Freight transport facilities; Heavy industrial storage establishments; Highway service centres; Home-based child care; Home businesses; Home occupations; Home occupations (sex services); Industrial training facilities; Industries; Jetties; Marinas; Mooring pens; Moorings; Open cut mining; Pond-based aquaculture; Recreation facilities (major); Residential accommodation; Restricted premises; Rural industries; Sex services premises; Signage; Storage premises; Tourist and visitor accommodation; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Water recreation structures; Water supply systems; Wharf or boating facilities; Wholesale supplies

##### Zone IN1 General Industrial
1. Objectives of zone
* To provide a wide range of industrial and warehouse land uses.
* To encourage employment opportunities.
* To minimise any adverse effect of industry on other land uses.
* To support and protect industrial land for industrial uses.
* To enable other land uses that provide facilities or services to meet the day to day needs of workers in the area.
* To minimise adverse impacts on the natural environment.

2. Permitted without consent
Nil

3. Permitted with consent
Building identification signs; Business identification signs; Depots; Food and drink premises; Freight transport facilities; Garden centres; General industries; Hardware and building supplies; Heliports; Industrial training facilities; Kiosks; Light industries; Neighbourhood shops; Oyster aquaculture; Places of public worship; Roads; Tank-based aquaculture; Warehouse or distribution centres; Vehicle sales or hire premises; Any other development not specified in item 2 or 4

4. Prohibited
Agriculture; Air transport facilities; Airstrips; Amusement centres; Business premises; Camping grounds; Caravan parks; Cemeteries; Commercial premises; Correctional centres; Eco-tourist facilities; Educational establishments; Entertainment facilities; Environmental facilities; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Forestry; Function centres; Health services facilities; Heavy industrial storage establishments; Heavy industries; Helipads; Highway service centres; Home-based child care; Home businesses; Home occupations; Home occupations (sex services); Information and education facilities; Marinas; Open cut mining; Pond-based aquaculture; Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Residential accommodation; Restricted premises; Signage; Tourist and visitor accommodation; Veterinary hospitals; Wharf or boating facilities; Wholesale supplies

##### Zone IN2 Light Industrial
1. Objectives of zone
* To provide a wide range of light industrial, warehouse and related land uses.
* To encourage employment opportunities and to support the viability of centres.
* To minimise any adverse effect of industry on other land uses.
* To enable other land uses that provide facilities or services to meet the day to day needs of workers in the area.
* To support and protect industrial land for industrial uses.
* To minimise adverse impacts on the natural environment.

2. Permitted without consent
Nil

3. Permitted with consent
Building identification signs; Business identification signs; Depots; Food and drink premises; Funeral homes; Garden centres; Hardware and building supplies; Heliports; Industrial training facilities; Kiosks; Light industries; Neighbourhood shops; Oyster aquaculture; Places of public worship; Roads; Tank-based aquaculture; Warehouse or distribution centres; Vehicle sales or hire premises; Any other development not specified in item 2 or 4

4. Prohibited
Agriculture; Air transport facilities; Airstrips; Amusement centres; Animal boarding or training establishments; Boat building and repair facilities; Camping grounds; Caravan parks; Cemeteries; Commercial premises; Correctional centres; Crematoria; Eco-tourist facilities; Educational establishments; Entertainment facilities; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Forestry; Function centres; Health services facilities; Heavy industrial storage establishments; Helipads; Highway service centres; Home-based child care; Home businesses; Home occupations; Home occupations (sex services); Industries; Information and education facilities; Marinas; Open cut mining; Pond-based aquaculture; Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Residential accommodation; Restricted premises; Rural industries; Signage; Tourist and visitor accommodation; Veterinary hospitals; Waste or resource management facilities; Water recreation structures; Wharf or boating facilities; Wholesale supplies

##### Zone SP1 Special Activities
1. Objectives of zone
* To provide for special land uses that are not provided for in other zones.
* To provide for sites with special natural characteristics that are not provided for in other zones.
* To facilitate development that is in keeping with the special characteristics of the site or its existing or intended special use, and that minimises any adverse impacts on surrounding land.

2. Permitted without consent
Environmental protection works; Flood mitigation works

3. Permitted with consent
Aquaculture; Recreation areas; Roads; Signage; The purpose shown on the Land Zoning Map, including any development that is ordinarily incidental or ancillary to development for that purpose

4. Prohibited
Any development not specified in item 2 or 3

##### Zone SP2 Infrastructure

1. Objectives of zone
* To provide for infrastructure and related uses.
* To prevent development that is not compatible with or that may detract from the provision of infrastructure.
* To ensure that development does not have an adverse impact on the form and scale of the surrounding neighbourhood.

2. Permitted without consent
Environmental protection works; Flood mitigation works

3. Permitted with consent
Aquaculture; Roads; Signage; The purpose shown on the Land Zoning Map, including any development that is ordinarily incidental or ancillary to development for that purpose

4. Prohibited
Any development not specified in item 2 or 3

##### Zone RE1 Public Recreation
1. Objectives of zone
* To enable land to be used for public open space or recreational purposes.
* To provide a range of recreational settings and activities and compatible land uses.
* To protect and enhance the natural environment for recreational purposes.

2. Permitted without consent
Environmental protection works; Roads

3. Permitted with consent
Aquaculture; Centre-based child care facilities;; Community facilities; Educational establishments; Environmental facilities; Function centres; Information and education facilities; Kiosks; Markets; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Respite day care centres; Restaurants or cafes; Signage; Water reticulation systems

4. Prohibited
Any development not specified in item 2 or 3

##### Zone RE2 Private Recreation
1. Objectives of zone
* To enable land to be used for private open space or recreational purposes.
* To provide a range of recreational settings and activities and compatible land uses.
* To protect and enhance the natural environment for recreational purposes.

2. Permitted without consent
Nil

3. Permitted with consent
Aquaculture; Building identification signs; Business identification signs; Centre-based child care facilities; Community facilities; Educational establishments; Environmental facilities; Environmental protection works; Flood mitigation works; Function centres; Hotel or motel accommodation; Information and education facilities; Kiosks; Pubs; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Respite day care centres; Restaurants or cafes; Roads; Water reticulation systems

4. Prohibited
Any development not specified in item 2 or 3

##### Zone E2 Environmental Conservation
1. Objectives of zone
* To protect, manage and restore areas of high ecological, scientific, cultural or aesthetic values.
* To prevent development that could destroy, damage or otherwise have an adverse effect on those values.
* To provide for passive recreational activities that are compatible with the land’s environmental constraints.

2. Permitted without consent
Environmental protection works

3. Permitted with consent
Environmental facilities; Flood mitigation works; Oyster aquaculture; Recreation areas; Roads; Water reticulation systems

4. Prohibited
Business premises; Hotel or motel accommodation; Industries; Multi dwelling housing; Pond-based aquaculture; Recreation facilities (major); Residential flat buildings; Restricted premises; Retail premises; Seniors housing; Service stations; Tank-based aquaculture; Warehouse or distribution centres; Any other development not specified in item 2 or 3

#### Zone E3 Environmental Management
1. Objectives of zone
* To protect, manage and restore areas with special ecological, scientific, cultural or aesthetic values.
* To provide for a limited range of development that does not have an adverse effect on those values.

2. Permitted without consent
Home occupations

3. Permitted with consent
Community facilities; Dwelling houses; Environmental protection works; Flood mitigation works; Home industries; Kiosks; Oyster aquaculture; Pond-based aquaculture; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Roads; Tank-based aquaculture; Water reticulation systems

4. Prohibited
Industries; Multi dwelling housing; Residential flat buildings; Retail premises; Seniors housing; Service stations; Warehouse or distribution centres; Any other development not specified in item 2 or 3

#### Zone W1 Natural Waterways
1. Objectives of zone
* To protect the ecological and scenic values of natural waterways.
* To prevent development that would have an adverse effect on the natural values of waterways in this zone.
* To provide for sustainable fishing industries and recreational fishing.
* To enable works associated with the rehabilitation of land towards its natural state.

2. Permitted without consent
Environmental protection works

3. Permitted with consent
Aquaculture; Environmental facilities; Flood mitigation works; Recreation areas

4. Prohibited
Business premises; Hotel or motel accommodation; Industries; Multi dwelling housing; Recreation facilities (major); Residential flat buildings; Restricted premises; Retail premises; Seniors housing; Service stations; Warehouse or distribution centres; Any other development not specified in item 2 or 3

## Part 3 Exempt and complying development

### 3.1 Exempt development
1. The objective of this clause is to identify development of minimal environmental impact as exempt development.

2. Development specified in Schedule 2 that meets the standards for the development contained in that Schedule and that complies with the requirements of this Part is exempt development.

3. To be exempt development, the development—
a. must meet the relevant deemed-to-satisfy provisions of the Building Code of Australia or, if there are no such relevant provisions, must be structurally adequate, and
b. must not, if it relates to an existing building, cause the building to contravene the Building Code of Australia, and
c. must not be designated development, and
d. must not be carried out on land that comprises, or on which there is, an item that is listed on the State Heritage Register under the Heritage Act 1977 or that is subject to an interim heritage order under the Heritage Act 1977.

4. Development that relates to an existing building that is classified under the Building Code of Australia as class 1b or class 2–9 is exempt development only if—
a. the building has a current fire safety certificate or fire safety statement, or
b. no fire safety measures are currently implemented, required or proposed for the building.

5. To be exempt development, the development must—
a. be installed in accordance with the manufacturer’s specifications, if applicable, and
b. not involve the removal, pruning or other clearing of vegetation that requires a permit, development consent or other approval unless it is undertaken in accordance with a permit, development consent or other approval.

*Note—
See State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017 and Part 5A of the Local Land Services Act 2013.*

6. A heading to an item in Schedule 2 is part of that Schedule.

### 3.2 Complying development
1. The objective of this clause is to identify development as complying development.

2. Development specified in Part 1 of Schedule 3 that is carried out in compliance with—
a. the development standards specified in relation to that development, and
b. the requirements of this Part,
is complying development.

*Note—
See also clause 5.83. which provides that the conversion of fire alarms is complying development in certain circumstances.*

3. To be complying development, the development must—
a. be permissible, with development consent, in the zone in which it is carried out, and
b. meet the relevant deemed-to-satisfy provisions of the Building Code of Australia, and
c. have an approval, if required by the Local Government Act 1993, from the Council for an on-site effluent disposal system if the development is undertaken on unsewered land.

4. A complying development certificate for development specified in Part 1 of Schedule 3 is subject to the conditions (if any) set out or referred to in Part 2 of that Schedule.

5. A heading to an item in Schedule 3 is part of that Schedule.

### 3.3 Environmentally sensitive areas excluded
1. Exempt or complying development must not be carried out on any environmentally sensitive area for exempt or complying development.

2. For the purposes of this clause—
environmentally sensitive area for exempt or complying development means any of the following—
a. the coastal waters of the State,
b. a coastal lake,
c. land within the coastal wetlands and littoral rainforests area (within the meaning of the Coastal Management Act 2016),
d. land reserved as an aquatic reserve under the Fisheries Management Act 1994 or as a marine park under the Marine Parks Act 1997,
e. land within a wetland of international significance declared under the Ramsar Convention on Wetlands or within a World heritage area declared under the World Heritage Convention,
f. land within 100 metres of land to which paragraph c., d. or e. applies,
g. land identified in this or any other environmental planning instrument as being of high Aboriginal cultural significance or high biodiversity significance,
h. land reserved under the National Parks and Wildlife Act 1974 or land acquired under Part 11 of that Act,
i. land reserved or dedicated under the Crown Land Management Act 2016 for the preservation of flora, fauna, geological formations or for other environmental protection purposes,
j. land that is a declared area of outstanding biodiversity value under the Biodiversity Conservation Act 2016 or declared critical habitat under Part 7A of the Fisheries Management Act 1994.

## Part 4 Principal development standards

### 4.1 Minimum subdivision lot size
1. The objectives of this clause are as follows—
a. to establish minimum lot sizes for residential development,
b. to ensure that new residential development is compatible with the existing character of the surrounding residential area.
2. This clause applies to a subdivision of any land shown on the Lot Size Map that requires development consent and that is carried out after the commencement of this Plan.

3. The size of any lot resulting from a subdivision of land to which this clause applies is not to be less than the minimum size shown on the Lot Size Map in relation to that land.
(3A) Despite subclause 3., the size of any such lot may be less than the minimum size shown on the Lot Size Map in relation to land within the former Ashlar Golf Course if—
a. the subdivision is carried out for the purposes of a semi-detached dwelling or an attached dwelling, and
b. the size of any resulting lot is not less than—
i. in the case of subdivision carried out for the purposes of a semi-detached dwelling—200 square metres, or
ii. in the case of subdivision carried out for the purposes of an attached dwelling—140 square metres.
(3B) If a lot is a battle-axe lot or other lot with an access handle, the area of the access handle is not to be included when calculating the size of the lot for the purpose of this clause.

4. This clause does not apply in relation to the subdivision of any land—
a. by the registration of a strata plan or strata plan of subdivision under the Strata Schemes Development Act 2015, or
b. by any kind of subdivision under the Community Land Development Act 1989.
(4A) In this clause, former Ashlar Golf Course means land comprised in Lot 1, DP 222469 and Lot 1, DP 785936, Springfield Avenue and Crudge Road, Blacktown.

#### 4.1AA Minimum subdivision lot size for community title schemes
1. The objectives of this clause are as follows—
a. to ensure that community title schemes maintain minimum lot sizes in low density residential areas,
b. to ensure that development is compatible with the dwelling density and character of the surrounding area,
c. to ensure that lots in community title schemes are appropriate for the capacity of infrastructure and services.

2. This clause applies to a subdivision (being a subdivision that requires development consent) under the Community Land Development Act 1989 of land in Zone R2 Low Density Residential.

3. The size of any lot resulting from a subdivision of land to which this clause applies (other than any lot comprising association property within the meaning of the Community Land Development Act 1989) is not to be less than the minimum size shown on the Lot Size Map in relation to that land.
(3A) If a lot is a battle-axe lot or other lot with an access handle, the area of the access handle is not to be included in calculating the lot size.

#### 4.1A Minimum subdivision lot size for strata plan schemes
1. The objective of this clause is to ensure that the land to which this clause applies is not fragmented by subdivision that would be inconsistent with the prevailing character of large floor plate development.
2. This clause applies to land in Zone IN2 Light Industrial in the Huntingwood Estate identified as “Area A” on the Lot Size Map.
3. The size of any lot resulting from a subdivision of land to which this clause applies under the Strata Schemes (Freehold Development) Act 1973 is not to be less than the minimum size shown on the Lot Size Map in relation to that land.

#### 4.1B Minimum lot sizes for attached dwellings, dual occupancies and multi dwelling housing
1. The objective of this clause is to achieve planned residential density in certain zones.
2. Development consent may be granted to development on a lot in a zone shown in Column 2 of the table to this clause for a purpose shown in Column 1 of the table opposite that zone, if the area of the lot is equal to or greater than the area specified for that purpose and shown in Column 3 of the table.




| Column 1                  | Column 2                           | Column 3 |
| ------------------------- | ---------------------------------- | -------- |
| Attached Dwelling         | Zone R3 Medium Density Residential | 	 900 square metres    |
| Dual occupancy (attached) | Zone R2 Low Density Residential   | 500 square metres                         |          |
| Dual occupancy (detached) | Zone R2 Low Density Residential   | 600 square metres      |
| Multi dwelling housing    | Zone R3 Medium Density Residential    |  1800 square metres         |



#### 4.1C Subdivision of dual occupancies prohibited
1. Development consent must not be granted for a subdivision that would create separate titles for each of the 2 dwellings comprising a dual occupancy unless—
a. each of the 2 dwellings has a frontage to a different road, and
b. the size of each lot resulting from the subdivision is not less than 300 square metres.
2. Nothing in this clause or any other provision of this Plan prevents a subdivision that would create separate titles for each of the 2 dwellings comprising a dual occupancy of a detached dual occupancy development if the 2 resulting lots would meet the minimum size shown on the Lot Size Map in relation to that land.

### 4.2 Rural subdivision
1. The objective of this clause is to provide flexibility in the application of standards for subdivision in rural zones to allow land owners a greater chance to achieve the objectives for development in the relevant zone.
2. This clause applies to the following rural zones—
a. Zone RU1 Primary Production,
b. Zone RU2 Rural Landscape,
(baa) Zone RU3 Forestry,
c. Zone RU4 Primary Production Small Lots,
d. Zone RU6 Transition.
*Note—
When this Plan was made it did not include all of these zones.*

3. Land in a zone to which this clause applies may, with development consent, be subdivided for the purpose of primary production to create a lot of a size that is less than the minimum size shown on the Lot Size Map in relation to that land.

4. However, such a lot cannot be created if an existing dwelling would, as the result of the subdivision, be situated on the lot.

5. A dwelling cannot be erected on such a lot.
*Note—
A dwelling includes a rural worker’s dwelling (see definition of that term in the Dictionary).*

#### 4.2A Dwellings in Zone RU4
Development consent must not be granted to the erection of a dwelling house on land in Zone RU4 Primary Production Small Lots unless the area of the land—
a. for land within “Area 1” identified on the Key Sites Map—is not less than 4,000 square metres, or
b. for land within “Area 2” identified on the Key Sites Map—is not less than 10 hectares, or
c. for land within “Area 3” identified on the Key Sites Map—is not less than 2 hectares.

### 4.3 Height of buildings
1. The objectives of this clause are as follows—
a. to minimise the visual impact, loss of privacy and loss of solar access to surrounding development and the adjoining public domain from buildings,
b. to ensure that buildings are compatible with the height, bulk and scale of the surrounding residential localities and commercial centres within the City of Blacktown,
c. to define focal points for denser development in locations that are well serviced by public transport, retail and commercial activities,
d. to ensure that sufficient space is available for development for retail, commercial and residential uses,
e. to establish an appropriate interface between centres, adjoining lower density residential zones and public spaces.

2. The height of a building on any land is not to exceed the maximum height shown for the land on the Height of Buildings Map.

*Note—
See clauses 4.3A, 4.3B and 7.7A for exceptions to the maximum height of buildings.*

#### 4.3A Restrictions on height of buildings in Zone R1 General Residential

1. The objectives of this clause are as follows—
a. to minimise any visual impact on, or loss of solar access to, land in the vicinity of development as a result of that development,
b. to minimise any loss of privacy to residential land as a result of development.

2. This clause applies to land in Zone R1 General Residential.

3. A building on land to which this clause applies that consists of a street corner lot is not to have more than 3 storeys.

4. One of the dwellings in a dual occupancy (detached) must—
a. be located behind (and further from the street frontage than) the other dwelling, and
b. not exceed 5.5 metres in height or have more than one storey.

5. Despite subclauses 3. and 4., any dwelling in a dual occupancy (detached) on land to which this clause applies may exceed 5.5 metres in height if—
a. the land consists of a street corner lot, and
b. the dwelling is located directly above a rear-entry garage, and
c. the dwelling faces a private road, and
d. the dwelling occupies a single floor, and
e. the combined height of the garage and dwelling does not exceed 10 metres.

#### 4.3B Other exceptions to height of buildings
1. The height of a building on land that is a corner lot in Zone R3 Medium Density Residential must not exceed 10 metres.

2. The height of a secondary dwelling in Zone R3 Medium Density must not exceed 5.5 metres if that dwelling—
a. is attached to, or separate from, the principal dwelling, and
b. is the furthest dwelling from the street frontage of the lot.

3. If a dual occupancy is established and one dwelling (the rear dwelling) that is part of the dual occupancy is further back from the street frontage of the lot than the other dwelling, the height of the rear dwelling must not exceed 5.5 metres.


### 4.4 Floor space ratio
1. The objectives of this clause are as follows—
a. to establish maximum floor space ratios as a means of controlling the density, bulk and scale of buildings,
b. to establish the maximum floor space available for development for commercial premises, taking into account the availability of infrastructure and the generation of vehicular and pedestrian traffic.

2. The maximum floor space ratio for a building on any land is not to exceed the floor space ratio shown for the land on the Floor Space Ratio Map.

### 4.5 Calculation of floor space ratio and site area
1. Objectives The objectives of this clause are as follows—
a. to define floor space ratio,
b. to set out rules for the calculation of the site area of development for the purpose of applying permitted floor space ratios, including rules to—
i. prevent the inclusion in the site area of an area that has no significant development being carried out on it, and
ii. prevent the inclusion in the site area of an area that has already been included as part of a site area to maximise floor space area in another building, and
(iii) require community land and public places to be dealt with separately.

2. Definition of “floor space ratio” The floor space ratio of buildings on a site is the ratio of the gross floor area of all buildings within the site to the site area.

3. Site area In determining the site area of proposed development for the purpose of applying a floor space ratio, the site area is taken to be—
a. if the proposed development is to be carried out on only one lot, the area of that lot, or
b. if the proposed development is to be carried out on 2 or more lots, the area of any lot on which the development is proposed to be carried out that has at least one common boundary with another lot on which the development is being carried out.
In addition, subclauses 4.–7. apply to the calculation of site area for the purposes of applying a floor space ratio to proposed development.

4. Exclusions from site area The following land must be excluded from the site area—
a. land on which the proposed development is prohibited, whether under this Plan or any other law,
b. community land or a public place (except as provided by subclause 7.).

5. Strata subdivisions The area of a lot that is wholly or partly on top of another or others in a strata subdivision is to be included in the calculation of the site area only to the extent that it does not overlap with another lot already included in the site area calculation.

6. Only significant development to be included The site area for proposed development must not include a lot additional to a lot or lots on which the development is being carried out unless the proposed development includes significant development on that additional lot.

7. Certain public land to be separately considered For the purpose of applying a floor space ratio to any proposed development on, above or below community land or a public place, the site area must only include an area that is on, above or below that community land or public place, and is occupied or physically affected by the proposed development, and may not include any other area on which the proposed development is to be carried out.

8. Existing buildings The gross floor area of any existing or proposed buildings within the vertical projection (above or below ground) of the boundaries of a site is to be included in the calculation of the total floor space for the purposes of applying a floor space ratio, whether or not the proposed development relates to all of the buildings.

9. Covenants to prevent “double dipping” When development consent is granted to development on a site comprised of 2 or more lots, a condition of the consent may require a covenant to be registered that prevents the creation of floor area on a lot (the restricted lot) if the consent authority is satisfied that an equivalent quantity of floor area will be created on another lot only because the site included the restricted lot.

10. Covenants affect consolidated sites If—
a. a covenant of the kind referred to in subclause 9. applies to any land (affected land), and
b. proposed development relates to the affected land and other land that together comprise the site of the proposed development,
the maximum amount of floor area allowed on the other land by the floor space ratio fixed for the site by this Plan is reduced by the quantity of floor space area the covenant prevents being created on the affected land.
11. Definition In this clause, public place has the same meaning as it has in the Local Government Act 1993.

### 4.6 Exceptions to development standards
1. The objectives of this clause are as follows—
a. to provide an appropriate degree of flexibility in applying certain development standards to particular development,
b. to achieve better outcomes for and from development by allowing flexibility in particular circumstances.

2. Development consent may, subject to this clause, be granted for development even though the development would contravene a development standard imposed by this or any other environmental planning instrument. However, this clause does not apply to a development standard that is expressly excluded from the operation of this clause.

3. Development consent must not be granted for development that contravenes a development standard unless the consent authority has considered a written request from the applicant that seeks to justify the contravention of the development standard by demonstrating—
a. that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case, and
b. that there are sufficient environmental planning grounds to justify contravening the development standard.

4. Development consent must not be granted for development that contravenes a development standard unless—
a. the consent authority is satisfied that—
i. the applicant’s written request has adequately addressed the matters required to be demonstrated by subclause 3., and
ii. the proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out, and
b. the concurrence of the Planning Secretary has been obtained.

5. In deciding whether to grant concurrence, the Planning Secretary must consider—
a. whether contravention of the development standard raises any matter of significance for State or regional environmental planning, and
b. the public benefit of maintaining the development standard, and
c. any other matters required to be taken into consideration by the Planning Secretary before granting concurrence.

6. Development consent must not be granted under this clause for a subdivision of land in Zone RU1 Primary Production, Zone RU2 Rural Landscape, Zone RU3 Forestry, Zone RU4 Primary Production Small Lots, Zone RU6 Transition, Zone R5 Large Lot Residential, Zone E2 Environmental Conservation, Zone E3 Environmental Management or Zone E4 Environmental Living if—
a. the subdivision will result in 2 or more lots of less than the minimum area specified for such lots by a development standard, or
b. the subdivision will result in at least one lot that is less than 90% of the minimum area specified for such a lot by a development standard.
Note—
When this Plan was made it did not include all of these zones.

7. After determining a development application made pursuant to this clause, the consent authority must keep a record of its assessment of the factors required to be addressed in the applicant’s written request referred to in subclause 3..

8. This clause does not allow development consent to be granted for development that would contravene any of the following—
a. a development standard for complying development,
b. a development standard that arises, under the regulations under the Act, in connection with a commitment set out in a BASIX certificate for a building to which State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 applies or for the land on which such a building is situated,
c. clause 5.4,
(ca) clause 6.1 or 6.2,
(cb) clause 4.1C.

## Part 5 Miscellaneous provisions
### 5.1 Relevant acquisition authority
1. The objective of this clause is to identify, for the purposes of section 3.15 of the Act, the authority of the State that will be the relevant authority to acquire land reserved for certain public purposes if the land is required to be acquired under Division 3 of Part 2 of the Land Acquisition (Just Terms Compensation) Act 1991 (the owner-initiated acquisition provisions).
*Note—
If the landholder will suffer hardship if there is any delay in the land being acquired by the relevant authority, section 23 of the Land Acquisition (Just Terms Compensation) Act 1991 requires the authority to acquire the land.*

2. The authority of the State that will be the relevant authority to acquire land, if the land is required to be acquired under the owner-initiated acquisition provisions, is the authority of the State specified below in relation to the land shown on the Land Reservation Acquisition Map (or, if an authority of the State is not specified in relation to land required to be so acquired, the authority designated or determined under those provisions).



| Type of land shown on Map | Authority of the State |
| -------- | -------- |
| Zone RE1 Public Recreation and marked “Local open space” | Council |
| Zone RE1 Public Recreation and marked “Regional open space | The corporation constituted under section 2.5 of the Act |
| Zone SP2 Infrastructure and marked “Classified road” | Roads and Maritime Services |
| Zone SP2 Infrastructure and marked “Local drainage” | Council |
| Zone SP2 Infrastructure and marked “Local road” | Council |
| Zone SP2 Infrastructure and marked “Railway” | The corporation constituted under section 8 of the Act |
| Zone SP2 Infrastructure and marked “Sydney Water drainage” | Sydney Water |
| Zone E1 National Parks and Nature Reserves and marked “National Park” | Minister administering the National Parks and Wildlife Act 1974

*Note— When this Plan was made it did not include all of these zones.*

3. Development on land acquired by an authority of the State under the owner-initiated acquisition provisions may, before it is used for the purpose for which it is reserved, be carried out, with development consent, for any purpose.
*Note—
If land, other than land specified in the table to subclause 2., is required to be acquired under the owner-initiated acquisition provisions, the Minister for Planning is required to take action to enable the designation of the acquiring authority under this clause. Pending the designation of the acquiring authority for the land, the acquiring authority is to be the authority determined by order of the Minister for Planning (see section 21 of the Land Acquisition (Just Terms Compensation) Act 1991).*

### 5.2 Classification and reclassification of public land
1. The objective of this clause is to enable the Council to classify or reclassify public land as “operational land” or “community land” in accordance with Part 2 of Chapter 6 of the Local Government Act 1993.
*Note—
Under the Local Government Act 1993, “public land” is generally land vested in or under the control of a council (other than roads and certain Crown land). The classification or reclassification of public land may also be made by a resolution of the Council under section 31, 32 or 33 of the Local Government Act 1993. Section 30 of that Act enables this Plan to discharge trusts on which public reserves are held if the land is reclassified under this Plan as operational land.*

2. The public land described in Part 1 or Part 2 of Schedule 4 is classified, or reclassified, as operational land for the purposes of the Local Government Act 1993.

3. The public land described in Part 3 of Schedule 4 is classified, or reclassified, as community land for the purposes of the Local Government Act 1993.

4. The public land described in Part 1 of Schedule 4—
a. does not cease to be a public reserve to the extent (if any) that it is a public reserve, and
b. continues to be affected by any trusts, estates, interests, dedications, conditions, restrictions or covenants that affected the land before its classification, or reclassification, as operational land.

5. The public land described in Part 2 of Schedule 4, to the extent (if any) that it is a public reserve, ceases to be a public reserve when the description of the land is inserted into that Part and is discharged from all trusts, estates, interests, dedications, conditions, restrictions and covenants affecting the land or any part of the land, except—
a. those (if any) specified for the land in Column 3 of Part 2 of Schedule 4, and
b. any reservations that except land out of the Crown grant relating to the land, and
c. reservations of minerals (within the meaning of the Crown Land Management Act 2016).
*Note—
In accordance with section 302. of the Local Government Act 1993, the approval of the Governor to subclause 5. applying to the public land concerned is required before the description of the land is inserted in Part 2 of Schedule 4.*

### 5.3 Development near zone boundaries
[Not adopted]

### 5.4 Controls relating to miscellaneous permissible uses
1. Bed and breakfast accommodation If development for the purposes of bed and breakfast accommodation is permitted under this Plan, the accommodation that is provided to guests must consist of no more than 3 bedrooms.
*Note—
Any such development that provides for a certain number of guests or rooms may involve a change in the class of building under the Building Code of Australia.*

2. Home businesses If development for the purposes of a home business is permitted under this Plan, the carrying on of the business must not involve the use of more than 50 square metres of floor area.

3. Home industries If development for the purposes of a home industry is permitted under this Plan, the carrying on of the home industry must not involve the use of more than 50 square metres of floor area.

4. Industrial retail outlets If development for the purposes of an industrial retail outlet is permitted under this Plan, the retail floor area must not exceed—
a. 40% of the gross floor area of the industry or rural industry located on the same land as the retail outlet, or
b. 400 square metres,
whichever is the lesser.

5. Farm stay accommodation If development for the purposes of farm stay accommodation is permitted under this Plan, the accommodation that is provided to guests must consist of no more than 5 bedrooms.

6. Kiosks If development for the purposes of a kiosk is permitted under this Plan, the gross floor area must not exceed 20 square metres.

7. Neighbourhood shops If development for the purposes of a neighbourhood shop is permitted under this Plan, the retail floor area must not exceed 80 square metres.
(7AA) Neighbourhood supermarkets If development for the purposes of a neighbourhood supermarket is permitted under this Plan, the gross floor area must not exceed 1,000 square metres.

8. Roadside stalls If development for the purposes of a roadside stall is permitted under this Plan, the gross floor area must not exceed 8 square metres.

9. Secondary dwellings If development for the purposes of a secondary dwelling is permitted under this Plan, the total floor area of the dwelling (excluding any area used for parking) must not exceed whichever of the following is the greater—
a. 60 square metres,
b. 5% of the total floor area of the principal dwelling.

10. Artisan food and drink industry exclusion If development for the purposes of an artisan food and drink industry is permitted under this Plan in an industrial or rural zone, the floor area used for retail sales (not including any cafe or restaurant area) must not exceed—
a. 40% of the gross floor area of the industry, or
b. 400 square metres,
whichever is the lesser.

### 5.5 (Repealed)

### 5.6 Architectural roof features

[Not adopted]

### 5.7 Development below mean high water mark
[Not applicable]

### 5.8 Conversion of fire alarms
1. This clause applies to a fire alarm system that can be monitored by Fire and Rescue NSW or by a private service provider.

2. The following development may be carried out, but only with development consent—
a. converting a fire alarm system from connection with the alarm monitoring system of Fire and Rescue NSW to connection with the alarm monitoring system of a private service provider,
b. converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with the alarm monitoring system of another private service provider,
c. converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with a different alarm monitoring system of the same private service provider.

3. Development to which subclause 2. applies is complying development if it consists only of—
a. internal alterations to a building, or
b. internal alterations to a building together with the mounting of an antenna, and any support structure, on an external wall or roof of a building so as to occupy a space of not more than 450mm × 100mm × 100mm.

4. A complying development certificate for any such complying development is subject to a condition that any building work may only be carried out between 7.00 am and 6.00 pm on Monday to Friday and between 7.00 am and 5.00 pm on Saturday, and must not be carried out on a Sunday or a public holiday.

5. In this clause—
private service provider means a person or body that has entered into an agreement that is in force with Fire and Rescue NSW to monitor fire alarm systems.

### 5.9

#### 5.9AA (Repealed)

### 5.10 Heritage conservation

*Note—
Heritage items (if any) are listed and described in Schedule 5. Heritage conservation areas (if any) are shown on the Heritage Map as well as being described in Schedule 5.*

1. Objectives The objectives of this clause are as follows—
a. to conserve the environmental heritage of Blacktown,
b. to conserve the heritage significance of heritage items and heritage conservation areas, including associated fabric, settings and views,
c. to conserve archaeological sites,
d. to conserve Aboriginal objects and Aboriginal places of heritage significance.

2. Requirement for consent Development consent is required for any of the following—
a. demolishing or moving any of the following or altering the exterior of any of the following (including, in the case of a building, making changes to its detail, fabric, finish or appearance)—
i. a heritage item,
ii. an Aboriginal object,
(iii) a building, work, relic or tree within a heritage conservation area,
b. altering a heritage item that is a building by making structural changes to its interior or by making changes to anything inside the item that is specified in Schedule 5 in relation to the item,
c. disturbing or excavating an archaeological site while knowing, or having reasonable cause to suspect, that the disturbance or excavation will or is likely to result in a relic being discovered, exposed, moved, damaged or destroyed,
d. disturbing or excavating an Aboriginal place of heritage significance,
e. erecting a building on land—
i. on which a heritage item is located or that is within a heritage conservation area, or
ii. on which an Aboriginal object is located or that is within an Aboriginal place of heritage significance,
f. subdividing land—
i. on which a heritage item is located or that is within a heritage conservation area, or
ii. on which an Aboriginal object is located or that is within an Aboriginal place of heritage significance.

3. When consent not required However, development consent under this clause is not required if—
a. the applicant has notified the consent authority of the proposed development and the consent authority has advised the applicant in writing before any work is carried out that it is satisfied that the proposed development—
i. is of a minor nature or is for the maintenance of the heritage item, Aboriginal object, Aboriginal place of heritage significance or archaeological site or a building, work, relic, tree or place within the heritage conservation area, and
ii. would not adversely affect the heritage significance of the heritage item, Aboriginal object, Aboriginal place, archaeological site or heritage conservation area, or
b. the development is in a cemetery or burial ground and the proposed development—
i. is the creation of a new grave or monument, or excavation or disturbance of land for the purpose of conserving or repairing monuments or grave markers, and
ii. would not cause disturbance to human remains, relics, Aboriginal objects in the form of grave goods, or to an Aboriginal place of heritage significance, or
c. the development is limited to the removal of a tree or other vegetation that the Council is satisfied is a risk to human life or property, or
d. the development is exempt development.

4. Effect of proposed development on heritage significance The consent authority must, before granting consent under this clause in respect of a heritage item or heritage conservation area, consider the effect of the proposed development on the heritage significance of the item or area concerned. This subclause applies regardless of whether a heritage management document is prepared under subclause 5. or a heritage conservation management plan is submitted under subclause 6..

5. Heritage assessment The consent authority may, before granting consent to any development—
a. on land on which a heritage item is located, or
b. on land that is within a heritage conservation area, or
c. on land that is within the vicinity of land referred to in paragraph a. or b.,
require a heritage management document to be prepared that assesses the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage item or heritage conservation area concerned.

6. Heritage conservation management plans The consent authority may require, after considering the heritage significance of a heritage item and the extent of change proposed to it, the submission of a heritage conservation management plan before granting consent under this clause.

7. Archaeological sites The consent authority must, before granting consent under this clause to the carrying out of development on an archaeological site (other than land listed on the State Heritage Register or to which an interim heritage order under the Heritage Act 1977 applies)—
a. notify the Heritage Council of its intention to grant consent, and
b. take into consideration any response received from the Heritage Council within 28 days after the notice is sent.

8. Aboriginal places of heritage significance The consent authority must, before granting consent under this clause to the carrying out of development in an Aboriginal place of heritage significance—
a. consider the effect of the proposed development on the heritage significance of the place and any Aboriginal object known or reasonably likely to be located at the place by means of an adequate investigation and assessment (which may involve consideration of a heritage impact statement), and
b. notify the local Aboriginal communities, in writing or in such other manner as may be appropriate, about the application and take into consideration any response received within 28 days after the notice is sent.

9. Demolition of nominated State heritage items The consent authority must, before granting consent under this clause for the demolition of a nominated State heritage item—
a. notify the Heritage Council about the application, and
b. take into consideration any response received from the Heritage Council within 28 days after the notice is sent.

10. Conservation incentives The consent authority may grant consent to development for any purpose of a building that is a heritage item or of the land on which such a building is erected, or for any purpose on an Aboriginal place of heritage significance, even though development for that purpose would otherwise not be allowed by this Plan, if the consent authority is satisfied that—
a. the conservation of the heritage item or Aboriginal place of heritage significance is facilitated by the granting of consent, and
b. the proposed development is in accordance with a heritage management document that has been approved by the consent authority, and
c. the consent to the proposed development would require that all necessary conservation work identified in the heritage management document is carried out, and
d. the proposed development would not adversely affect the heritage significance of the heritage item, including its setting, or the heritage significance of the Aboriginal place of heritage significance, and
e. the proposed development would not have any significant adverse effect on the amenity of the surrounding area.

### 5.11 Bush fire hazard reduction
Bush fire hazard reduction work authorised by the Rural Fires Act 1997 may be carried out on any land without development consent.
*Note—
The Rural Fires Act 1997 also makes provision relating to the carrying out of development on bush fire prone land.*

### 5.12 Infrastructure development and use of existing buildings of the Crown
1. This Plan does not restrict or prohibit, or enable the restriction or prohibition of, the carrying out of any development, by or on behalf of a public authority, that is permitted to be carried out with or without development consent, or that is exempt development, under State Environmental Planning Policy (Infrastructure) 2007.
2. This Plan does not restrict or prohibit, or enable the restriction or prohibition of, the use of existing buildings of the Crown by the Crown.

### 5.13 Eco-tourist facilities
[Not applicable]

### 5.14 Siding Spring Observatory—maintaining dark sky
[Not adopted]

### 5.15 Defence communications facility
[Not adopted]

### 5.16 Subdivision of, or dwellings on, land in certain rural, residential or environment protection zones
[Not applicable]

### 5.17 Artificial waterbodies in environmentally sensitive areas in areas of operation of irrigation corporations
[Not applicable]

### 5.18 Intensive livestock agriculture
[Not applicable]

### 5.19 Pond-based, tank-based and oyster aquaculture
1. Objectives The objectives of this clause are as follows—
a. to encourage sustainable oyster, pond-based and tank-based aquaculture in the State, namely, aquaculture development that uses, conserves and enhances the community’s resources so that the total quality of life now and in the future can be preserved and enhanced,
b. to set out the minimum site location and operational requirements for permissible pond-based and tank-based aquaculture development.

2. Pond-based or tank-based aquaculture—matters of which consent authority must be satisfied before granting consent The consent authority must not grant development consent to carry out development for the purpose of pond-based aquaculture or tank-based aquaculture unless the consent authority is satisfied of the following—
a. that the development complies with the site location and operational requirements set out in Part 1 of Schedule 6 for the development,
b. in the case of—
i. pond-based aquaculture or tank-based aquaculture in Zone R1 General Residential, Zone R2 Low Density Residential or Zone R5 Large Lot Residential—that the development is for the purpose of small scale aquarium fish production, and
ii. pond-based aquaculture in Zone E3 Environmental Management or Zone E4 Environmental Living—that the development is for the purpose of extensive aquaculture, and
(iii) tank-based aquaculture in Zone R3 Medium Density Residential, Zone E3 Environmental Management or Zone E4 Environmental Living—that the development is for the purpose of small scale aquarium fish production, and
(iv) pond-based aquaculture or tank-based aquaculture in Zone W1 Natural Waterways, Zone W2 Recreational Waterways or Zone W3 Working Waterways—that the development will use waterways to source water.

3. The requirements set out in Part 1 of Schedule 6 are minimum requirements and do not limit the matters a consent authority is required to take into consideration under the Act or the conditions that it may impose on any development consent.

4. Extensive pond-based aquaculture permitted without consent in certain zones Development for the purpose of pond-based aquaculture, that is also extensive aquaculture, may be carried out without development consent if—
a. the development is carried out in Zone RU1 Primary Production, Zone RU2 Rural Landscape, Zone RU3 Forestry, Zone RU4 Primary Production Small Lots or Zone RU6 Transition, and
b. the development complies with the site location requirements and operational requirements set out in Part 2 of Schedule 6.

5. Oyster aquaculture—additional matters that consent authority must consider in determining a development application In determining a development application for development for the purpose of oyster aquaculture, the consent authority must consider—
a. any provisions of any aquaculture industry development plan that are relevant to the subject of the development application, and
b. the NSW Oyster Industry Sustainable Aquaculture Strategy.

6. Oyster aquaculture permitted without consent in priority oyster aquaculture areas Development for the purpose of oyster aquaculture may be carried out without development consent—
a. on land that is wholly within a priority oyster aquaculture area, or
b. on land that is partly within and partly outside a priority oyster aquaculture area, but only if the land outside the area is no more than 0.1 hectare in area.

7. Definitions In this clause—
aquaculture industry development plan means an aquaculture industry development plan published under Part 6 of the Fisheries Management Act 1994.
extensive aquaculture has the same meaning as in the Fisheries Management (Aquaculture) Regulation 2017.
NSW Oyster Industry Sustainable Aquaculture Strategy means the third edition of the publication of that title, as published in 2016 by the Department of Primary Industries (within the Department of Industry).
priority oyster aquaculture area means an area identified as a priority oyster aquaculture area on a map referred to in Chapter 5.3 of the NSW Oyster Industry Sustainable Aquaculture Strategy, being a map a copy of which is held in the head office of the Department of Primary Industries (within the Department of Industry) and published on that Department’s website.

## Part 6 Urban release areas

### 6.1 Arrangements for designated State public infrastructure
1. The objective of this clause is to require satisfactory arrangements to be made for the provision of designated State public infrastructure before the subdivision of land in an urban release area to satisfy needs that arise from development on the land, but only if the land is developed intensively for urban purposes.

2. Development consent must not be granted for the subdivision of land in an urban release area if the subdivision would create a lot smaller than the minimum lot size permitted on the land immediately before the land became, or became part of, an urban release area, unless the Director-General has certified in writing to the consent authority that satisfactory arrangements have been made to contribute to the provision of designated State public infrastructure in relation to that lot.

3. Subclause 2. does not apply to—
a. any lot identified in the certificate as a residue lot, or
b. any lot to be created by a subdivision of land that was the subject of a previous development consent granted in accordance with this clause, or
c. any lot that is proposed in the development application to be reserved or dedicated for public open space, public roads, public utility undertakings, educational facilities or any other public purpose, or
d. a subdivision for the purpose only of rectifying an encroachment on any existing lot.

4. This clause does not apply to land in an urban release area if all or any part of the land is in a special contributions area (as defined by section 7.1 of the Act).

### 6.2 Public utility infrastructure
1. Development consent must not be granted for development on land in an urban release area unless the consent authority is satisfied that any public utility infrastructure that is essential for the proposed development is available or that adequate arrangements have been made to make that infrastructure available when it is required.

2. This clause does not apply to development for the purpose of providing, extending, augmenting, maintaining or repairing any public utility infrastructure.

### 6.3 Development control plan
1. The objective of this clause is to ensure that development on land in an urban release area occurs in a logical and cost-effective manner, in accordance with a staging plan and only after a development control plan that includes specific controls has been prepared for the land.

2. Development consent must not be granted for development on land in an urban release area unless a development control plan that provides for the matters specified in subclause 3. has been prepared for the land.

3. The development control plan must provide for all of the following—
a. a staging plan for the timely and efficient release of urban land, making provision for necessary infrastructure and sequencing,
b. an overall transport movement hierarchy showing the major circulation routes and connections to achieve a simple and safe movement system for private vehicles, public transport, pedestrians and cyclists,
c. an overall landscaping strategy for the protection and enhancement of riparian areas and remnant vegetation, including visually prominent locations, and detailed landscaping requirements for both the public and private domain,
d. a network of active and passive recreation areas,
e. stormwater and water quality management controls,
f. amelioration of natural and environmental hazards, including bush fire, flooding and site contamination and, in relation to natural hazards, the safe occupation of, and the evacuation from, any land so affected,
g. detailed urban design controls for significant development sites,
h. measures to encourage higher density living around transport, open space and service nodes,
i. measures to accommodate and control appropriate neighbourhood commercial and retail uses,
j. suitably located public facilities and services, including provision for appropriate traffic management facilities and parking.

4. Subclause 2. does not apply to development for any of the following purposes—
a. a subdivision for the purpose of a realignment of boundaries that does not create additional lots,
b. a subdivision of land if any of the lots proposed to be created is to be reserved or dedicated for public open space, public roads or any other public or environment protection purpose,
c. a subdivision of land in a zone in which the erection of structures is prohibited,
d. development on land that is of a minor nature only, if the consent authority is of the opinion that the carrying out of the development would be consistent with the objectives of the zone in which the land is situated.

### 6.4 Relationship between Part and remainder of Plan
A provision of this Part prevails over any other provision of this Plan to the extent of any inconsistency.

