Sydney Regional Environmental Plan No 28--Parramatta As at 1 by liuhongmei

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									Sydney Regional Environmental Plan No
28--Parramatta
As at 1 July 2009

Deemed SEPP
From 1 July 2009 this plan is taken to be a State environmental planning policy (see clause 120
of Schedule 6 to the Environmental Planning and Assessment Act 1979).

Reprint history:
Reprint No 1

31 May 2005

Part 1 – Preliminary
1 Name of this Plan
This Plan is Sydney Regional Environmental Plan No 28--Parramatta.

2 Land covered by this Plan
This Plan applies to the land known as the Parramatta Primary Centre, as shown on the Primary
Centre and Precincts Map. That land is predominantly within the City of Parramatta and partly
within the City of Holroyd.

3 Precincts created by this Plan
This Plan creates 8 Precincts within the Parramatta Primary Centre. The Precincts are shown on
the Primary Centre and Precincts Map.

The Precincts are:

      Precinct 1--City Centre
      Precinct 2--Harris Park
      Precinct 3--Government
      Precinct 4--Westmead
      Precinct 5--Rydalmere
      Precinct 6--Camellia
      Precinct 7--Northern
      Precinct 8--Southern
4 Objectives of this Plan
      (1) The objectives of this Plan are:
              (a) to establish regional planning aims for the Parramatta Primary Centre, and
              (b) to recognise the unique and varied nature of each Precinct.
      (2) A separate Part of this Plan provides:
              (a) aims for development and detailed development controls in:
                       Part 3 for Precinct 1--City Centre,
                       Part 4 for Precinct 2--Harris Park,
                       Part 5 for Precinct 3--Government,
                       Part 7 for Precinct 5--Rydalmere,
                       Part 8 for Precinct 6--Camellia,
                (b) aims for development in:
                         Part 6 for Precinct 4--Westmead.
5 Relationship of this Plan to other environmental planning instruments
       (1) The following do not apply to land within the City Centre, Harris Park or Government
       Precinct:
                Parramatta Planning Scheme Ordinance
                Parramatta Local Environmental Plan 1989 (City Centre)
                Parramatta Local Environmental Plan 1996 (Heritage and Conservation)
                Parramatta Local Environmental Plan 2001
       (2)-(4) (Repealed)
       (5) If there is an inconsistency between this Plan and any other environmental planning
       instrument made before the appointed day, this Plan prevails.
       (6) State Environmental Planning Policy No 1--Development Standards does not apply:
                (a) to height requirements for buildings within the City Centre or the Harris Park,
                Rydalmere or Camellia Precincts, or
                (b) to allow consent to be granted for the erection of a building with a floor space
                ratio that is more than 10% greater than the maximum floor space ratio for the
                building set by a development standard in this Plan.
       (7) In addition, a consent of the kind restricted by subclause (6) (b) may be granted
       pursuant to State Environmental Planning Policy No 1--Development Standards only if
       the consent authority is satisfied that:
                (a) there are exceptional circumstances in the particular case because of the
                unique shape or character of the allotment concerned, or because of the
                relationship of the proposed building to adjoining buildings or the nature of the
                adjoining buildings, or both, and
                (b) the built form that would be achieved by development allowed by the consent
                would be only marginally different from that which would be achieved if the
                relevant maximum floor space ratio applied, and
                (c) the development allowed by the consent would significantly enhance
                achievement of the objectives of the zone in which it is proposed to be carried out,
                and
                (d) the proposed building demonstrates a high standard of architectural design,
                materials and detailing that is appropriate to the building type and its location.
6 Strategic direction
Any draft local environmental plan that applies to land within the Parramatta Primary Centre
should facilitate the strategies and the structure plans outlined in the Parramatta Regional
Planning Strategy, 1999 and the Parramatta Regional Access Strategy, 1999 (which are
available from Parramatta City Council, Holroyd City Council and the Department).

7 Consent authority
       (1) Parramatta City Council is the consent authority for any development applications
       required by this Plan for development within the City of Parramatta.
       (2) Holroyd City Council is the consent authority for any development applications
       required by this Plan for development within the City of Holroyd.
       (3) This clause is subject to the Act.
8 Definitions
       (1) Expressions used in this Plan and defined in the Dictionary in Schedule 1 have the
       meanings set out in the Dictionary.
       (2) The list of contents of this Plan and notes in this Plan are not part of this Plan.
9 Adoption of Model Provisions
       (1) This Plan adopts clauses 5, 7, 9-14, 18, 22, 24, 30, 31 and 35 of, and Schedule 1 to,
       the Environmental Planning and Assessment Model Provisions 1980.
      (2) For the purposes of adopting those provisions, references in those provisions to the
      local environmental plan adopting them are to be read as references to this Plan.
      (3) This clause applies only to land within Precinct 1--City Centre, Precinct 2--Harris
      Park and Precinct 3--Government.
10 Master plans
      (1) Master plans This clause applies to land described in Schedule 2.For the purposes of
      this clause, the "appropriate authority" with responsibility for adopting a master plan
      is:
               (a) the Council concerned, for land in the area of that Council described in Part 1
               of Schedule 2, and
               (b) the Director, for any land described in Part 2 of Schedule 2.
      (2) Requirement for a master plan Consent must not be granted for development on land
      to which this clause applies unless the consent authority has taken the master plan for the
      land into consideration.However, the consent authority may waive compliance with this
      subclause if the appropriate authority considers that the development is of a minor nature,
      and that other guidelines that apply to the proposed development are adequate.For the
      purposes of this clause, development of a minor nature is set out in Schedule 7.
      (3) Nature of master plans A master plan for the purposes of this Plan is a document
      consisting of written information, maps and diagrams which:
               (a) outlines detailed provisions relating to development of land to which the
               master plan applies, and
               (b) explains how the planning aims, and the precinct, zone and special area
               objectives in this Plan are applied.
      (4) Preparation of master plans A draft master plan may be prepared by, or on behalf of,
      the owner or lessee of the land concerned, the Council concerned or the Director.
      (5) Content of master plans A draft master plan that is not prepared by the appropriate
      authority is to be prepared following consultation with the appropriate authority and is to
      illustrate and explain, where the appropriate authority so requires, proposals for the
      following:
               (a) phasing of development,
               (b) urban design considerations, including principles drawn from an analysis of
               the site and its context, density, height controls, building envelopes, identified
               views, privacy and security,
               (c) distribution of major land uses, including public access and open space,
               (d) environmental considerations, including noise attenuation, flood mitigation,
               water and soil management, remediation of contaminated land, solar access,
               energy efficiency, and management of significant native flora and fauna habitat,
               (e) access considerations, including public transport, pedestrian, cycle and road
               access and circulation networks, including local traffic impact and parking,
               (f) patterns of subdivision or site amalgamation,
               (g) infrastructure provision and funding,
               (h) site landscaping,
               (i) heritage considerations, including conservation and protection of heritage
               items, heritage conservation areas, identified historic views and archaeological
               relics (including the preparation of conservation plans),
               (j) provision of public facilities,
               (k) any other matter required by the appropriate authority.
      (6) Master plan steering committee The appropriate authority may form a master plan
      steering committee:
               (a) to assist in the preparation of a draft master plan, or
               (b) to advise on or review a master plan or a draft master plan.
      The members of the master plan steering committee may consist of employees of the
        Council concerned, officers or employees of the Department of Urban Affairs and
        Planning, representatives of government authorities, agencies or service providers, or
        owners or lessees of land the subject of the draft master plan or master plan or
        representatives of any such owner or lessee.
        (7) Adoption of master plans
                 (a) A draft master plan must be submitted to the appropriate authority for
                 adoption.
                 (b) If the Council concerned has rejected, or has not adopted, a draft master plan
                 in relation to land described in Part 1 of Schedule 2 within 6 months after the date
                 on which the draft master plan was submitted to it for adoption, the Director may
                 adopt the draft master plan. In this case, the Director must seek the views of the
                 relevant Council concerning the draft master plan before the Director adopts it.
                 (c) A draft master plan becomes a master plan if it is adopted by the appropriate
                 authority.
                 (d) When a master plan is adopted, the appropriate authority must:
                          (i) notify the owner or lessee of the land concerned, and any organisation
                          or individual that made a submission to the appropriate authority about it,
                          and
                          (ii) advertise the adoption of the master plan in a newspaper circulating in
                          the locality.
        (8) Consultation
                 (a) A draft master plan submitted to the appropriate authority for adoption must
                 be advertised, and publicly exhibited for not less than 21 days, for public
                 comment.
                 (b) The appropriate authority (if a Council) must submit a copy of the draft master
                 plan to the Director and to any other public authority or community organisation
                 the appropriate authority considers is likely to be affected by development to
                 which it relates for comment. If the appropriate authority is the Director, the draft
                 master plan must be submitted to the Council concerned for comment.
                 (c) The appropriate authority must take into account any written submissions
                 made about the content of the draft master plan during the exhibition period. Any
                 comments made by the Director or the Council within 30 days of receipt of the
                 draft must be taken into consideration prior to the draft master plan being adopted.
        (9) Amendment of master plans
                 (a) A master plan may be amended by a master plan.
                 (b) The appropriate authority may request the preparation of such an amendment
                 for the purpose of keeping the master plan up to date.
                 (c) An amendment to a master plan may be dealt with concurrently with a
                 development application.
        (10) Availability of master plans A copy of a master plan must be available for inspection
        at the offices of the Council concerned during normal business hours.
11 Savings and transitional provision
Local environmental plans and deemed environmental planning instruments apply to
development applications lodged but not finally determined before the commencement of this
Plan as if this Plan had been exhibited in the form in which it was made, but had not
commenced.

12 Annual monitoring report
      (1) The council concerned must, as soon as practicable as may be after each anniversary
      of the appointed day, prepare an annual monitoring report for land to which this Plan
      applies within its area.The aims of an annual monitoring report are:
              (a) to report on achievement of the objectives of this Plan and the implementation
              of the Parramatta Regional Action Plan, 1999, and
              (b) to provide a management tool which indicates development trends, and
              (c) to identify changes required in response to development trends so that
              Parramatta fulfills its role as a primary centre within the Sydney Metropolitan
              Region, and
              (d) to report on the extent to which the principles of ecological sustainability have
              been integrated into facilities, services and functions governed by this Plan.
       (2) A monitoring report is to be made public and to monitor the following for the
       preceding year:
              (a) for the portion of the Parramatta Primary Centre within the area of the consent
              authority (if a Council):
                       (i) changes in use of different modes of transport,
                       (ii) changes in the level of public transport services,
                       (iii) nett number of parking spaces within the Parramatta Primary Centre,
                       (iv) improvements in the public domain,
                       (v) implementation of actions specified in the Parramatta Regional Action
                       Plan, 1999 (as amended),
                       (vi) draft local environmental plans and development control plans
                       prepared by the consent authority, including a statement of their aims,
                       (vii) development or implementation of environmental management
                       initiatives.
              (b) for Precinct 1--City Centre, Precinct 2--Harris Park , Precinct 3--Government,
              Precinct 5--Rydalmere and Precinct 6--Camellia:
                       (i) floor space (in square metres) within the area of the consent authority
                       (if a Council) used for each of the following land uses:
                                retail,
                                commercial,
                                residential, including affordable housing,
                                industrial, and
                       (ii) the condition of heritage items and any decisions of the consent
                       authority (if a Council) which affect heritage items within its area, and
                       (iii) the take up of, or utilisation of, by-products, energy reduction in net
                       energy use sustainable developments.
Part 2 – Primary Centre controls
13 Land covered by this Part
This Part applies to all land within the Parramatta Primary Centre.

14 Planning aims for the Parramatta Primary Centre
       (1) The regional planning aims in this Part apply to the whole Parramatta Primary Centre
       and provide a framework within which other development controls operate. These aims
       must be considered by the consent authority in assessing development applications and
       should be considered when a Council prepares a local environmental plan.
       (2) The aims of the Parramatta Primary Centre are as follows:
              (a) to provide a planning framework for Parramatta to fulfil its role as a primary
              centre in the Sydney Metropolitan Region,
              (b) to recognise the unique range of land uses in the Parramatta Primary Centre
              and foster interaction between the six Precincts (the City Centre, Harris Park,
              Government, Westmead, Rydalmere and Camellia Precincts) to encourage their
              mutual development, while concentrating major commercial development in the
              City Centre Precinct,
              (c) to facilitate improvements to accessibility and urban design throughout the
               Parramatta Primary Centre, while preserving and promoting the heritage elements
               of the region,
               (d) to consolidate, simplify and update the planning controls for the Parramatta
               Primary Centre to give effect to the Parramatta Regional Planning Strategy, 1999
               and other related strategies,
               (e) to support growth in the Parramatta Primary Centre by improvements to public
               transport, in the form of an integrated regional transport system,
               (f) to conserve and promote Parramatta's heritage as a framework for its identity,
               prosperity, livability and social development,
               (g) to develop a strong, diverse and sustainable economy drawing on and
               expanding the unique economic base of the Parramatta Primary Centre,
               (h) to improve the quality of urban design and ensure the public domain is safe
               and attractive,
               (i) to ensure development contributes positively to the quality of life of existing
               and future residents, visitors and workers through the provision of housing,
               employment and a range of services,
               (j) to ensure ecologically sustainable development which produces positive gains
               in the quality of the ecological, social and economic environments, balancing
               present needs with the ability of future generations to meet their own needs. This
               includes adopting a precautionary principle to avoid uncalculated risk of
               environmental damage, and evaluating the full cost of decisions affecting the
               environment before making them,
               (k) to promote and retain different kinds of housing, including affordable housing
               which supports a socially and culturally diverse residential population,
               (l) to emphasise and interpret the role of the Parramatta River and its foreshore as
               an important natural focus and link through the Parramatta Primary Centre,
               recognising the symbolic and historic links between key heritage items and
               precincts created by this Plan,
               (m) to protect and promote Parramatta's natural resource assets by implementing
               the principles of ecological sustainability across all development, facilities,
               services and functions.
Part 3 – Precinct 1--City Centre Precinct
Division 1 – Aims of Part 3
15 Aims of Part 3
The aims of this Part are as follows:

       (a) to enhance the Parramatta City Centre as a pre-eminent commercial, retail,
       community services and cultural tourism centre in the Greater Metropolitan Region,
       (b) to provide sufficient development capacity for the growth of Parramatta City Centre
       in its retail, residential and commercial functions,
       (c) to enhance access to Parramatta, particularly by public transport, walking and cycling,
       (d) to ensure development enhances, protects and capitalises on Parramatta's heritage, the
       river corridors, park systems, public spaces and special areas,
       (e) to protect the long-term commercial development potential of Parramatta City Centre,
       (f) to achieve environmental management best practice that protects and promotes the
       natural assets of the Parramatta City Centre,
       (g) to improve the environmental performance of development in a way that minimises
       energy and resource use and noise, odour, dust, water, soil, air quality and contamination
       impact,
       (h) to protect and enhance local and regional biodiversity, maximising the extent and
       integrity of aquatic and natural land areas, in particular, the Parramatta River, Brickfield
       Creek and Clay Cliff Creek corridors.
Division 2 – Zoning
16 Land use zones and explanation
The following land use zones for land within the City Centre Precinct are shown on the City
Centre Zoning Map:

       (a) City Core--very high density, high activity, commercial area, allowing a wide range of
       land uses, and residential development in selected areas,
       (b) Retail Core--primary retail zone allowing all uses, including commercial and
       residential uses above the ground floor,
       (c) City Edge--medium density mixed use zone, serving as a transitory zone between the
       core and nearby residential, open space and river foreshore areas,
       (d) Automotive Business--land identified to provide for automotive businesses and
       related uses, and also for future expansion of the Parramatta City Centre in the longer
       term,
       (e) Special Uses--recognition of certain key land held for special use by public authorities
       or community organisations,
       (f) Open Space--land identified for public open space, and for recreational and
       community facilities,
       (g) Transport--applies to existing and future uses related to transport and access,
       including road, rail and related transport services.
17 City Core zone
       (1) Objectives of the City Core zone The objectives of the City Core zone are as follows:
               (a) to encourage Parramatta's role and growth as a focus within the Greater
               Metropolitan Region for finance, commerce, tourism, cultural activities,
               entertainment and government services,
               (b) to provide a consolidated commercial core to the Parramatta City Centre and
               concentrate commercial development around the Parramatta Railway Station,
               (c) to encourage and protect accessible city blocks by providing active frontages
               to streets and a network of pedestrian-friendly streets, lanes and arcades.
       (2) Development within the City Core zone Development controls for the City Core zone
       are as follows:
               (a) Within the City Core zone, exempt development may be carried out without
               development consent.
               (b) Any other development may be carried out only with development consent.
               (c) Development at the ground floor street frontage of buildings may be carried
               out only for the purpose of amusement centres, child care centres, clubs,
               commercial premises that are frequented by customers, community facilities,
               entertainment facilities, hotels, medical consulting rooms, motels, places of public
               worship, refreshment rooms, shops and access to uses on other levels.
               (d) Despite paragraphs (a) and (b), residential buildings, other than hotels and
               serviced apartments, are not allowed in the hatched area identified on the City
               Centre Zoning Map.
18 Retail Core zone
       (1) Objectives of the Retail Core zone The objectives of the Retail Core zone are as
       follows:
               (a) to maintain and enhance the Parramatta City Centre as a primary retail centre
               in the Greater Metropolitan Region,
               (b) to create and consolidate an identifiable central retail spine within the City of
               Parramatta,
               (c) to ensure retail uses interact with primary pedestrian routes and provide active
               frontages to streets,
              (d) to protect and encourage accessible city blocks by providing active frontages
              to streets, and a network of pedestrian-friendly streets, lanes and arcades.
       (2) Development within the Retail Core zone
              (a) Within the Retail Core zone, exempt development may be carried out without
              development consent.
              (b) Any other development may be carried out only with development consent.
              (c) Development on the ground floor of the building within this zone may be
              carried out only for the purpose of shops, entertainment facilities, commercial
              premises frequented by customers or refreshment rooms.
19 City Edge zone
       (1) Objectives of the City Edge zone The objectives of the City Edge zone are as follows:
              (a) to encourage a mixed use, medium density area that will provide a physical
              transition between the City Core and Retail Core zones and nearby lower density
              residential areas, and park and river foreshore areas,
              (b) to encourage an increase in the permanent residential population through new
              residential development or the conversion of existing buildings and to ensure the
              maintenance of a range of housing choice,
              (c) to encourage the provision of neighbourhood support services and facilities for
              the residential and working population,
              (d) to protect and encourage accessible city blocks by providing active frontages
              to streets and a network of pedestrian-friendly streets, lanes and arcades.
       (2) Development within the City Edge zone
              (a) Within the City Edge zone, exempt development and development for the
              purpose of the following may be carried out without development consent:
                       home activities.
              (b) Any other development may be carried out only with development consent.
              (c) Despite paragraphs (a) and (b), buildings are not allowed on land shown cross
              hatched on the City Centre Zoning Map.
20 Automotive Business zone
       (1) Objectives of the Automotive Business zone The objectives of the Automotive
       Business zone are as follows:
              (a) to provide for automotive businesses, trades and services to reinforce the
              existing functions of land within the zone,
              (b) to ensure that development is arranged and carried out in a way that does not
              intrude on the amenity of adjoining residential areas,
              (c) to maintain a low building density to retain the option of long-term centre
              expansion.
       (2) Development within the Automotive Business zone
              (a) Within the Automotive Business zone, exempt development may be carried
              out without development consent.
              (b) Within the Automotive Business zone, development for the purpose of the
              following may be carried out, but only with development consent:
                       automotive uses; brothels; bus depots; car parking stations; child care
                       centres; dwelling houses; finance and insurance agency offices; home
                       activities; motels; places of public worship; refreshment rooms; shops
                       primarily intended to serve people working in this zone; utility
                       installations (other than gas holders or generating works).
              (c) Any other development is prohibited within the Automotive Business zone.
21 Special Uses zone
       (1) Objectives of the Special Uses zone The objectives of the Special Uses zone are as
       follows:
              (a) to facilitate appropriate development on land that is, or is proposed to be, used
             by public authorities, institutions or organisations to provide community facilities,
             services or utilities,
             (b) to allow other ancillary development that is incidental to the primary use
             specified on the map.
      (2) Development within the Special Uses zone
             (a) Within the Special Uses zone, exempt development may be carried out
             without development consent.
             (b) Within the Special Uses zone, development for the purpose of the following
             may be carried out, but only with development consent:
                      the particular land use indicated by red lettering on the City Centre Zoning
                      Map.
             (c) Any other development is prohibited within the Special Uses zone.
22 Open Space zone
      (1) Objectives of the Open Space zone The objectives of the Open Space zone are as
      follows:
             (a) to enable development of land for the purpose of open space and recreation
             and to facilitate continued provision or enhancement of parks, community
             facilities, and support services, utilised by the community,
             (b) to enable other ancillary, incidental or related uses that will encourage the
             enjoyment of land zoned for open space,
             (c) to encourage the retention and enhancement of open space links along the
             Parramatta River foreshore,
             (d) to facilitate public access to land and buildings within this zone.
      (2) Development within the Open Space zone
             (a) Within the Open Space zone, exempt development and development for the
             purpose of the following may be carried out without development consent:
                      gardening or bush fire hazard reduction; landscaping; maintenance works.
             (b) Within the Open Space zone, development for the purpose of the following
             may be carried out, but only with development consent:
                      amenity buildings; artworks; bicycle hire; boat hire and boat launching
                      facilities; child care centres; community facilities; identifying or
                      interpretive signage ancillary to another use allowed on the site; kiosks;
                      outdoor eating areas linked to kiosks within the zone or restaurants in
                      adjoining zones; recreation areas; utility installations (other than gas
                      holders or generating works); water based entertainment facilities.
             (c) Any other development is prohibited within the Open Space zone.
      (3) Open space reservation Land within this zone shown reserved for open space on the
      City Centre Zoning Map is to be acquired by the public authority indicated on that map
      on receipt of a written request from the owner of the land.
23 Transport zone
      (1) Objectives of the Transport zone The objectives of the Transport zone are as follows:
             (a) to facilitate continued and efficient operation of road and related transport
             services, and rail and related transport services,
             (b) to facilitate the future growth of the transport network,
             (c) to encourage city core uses at major transport nodes,
             (d) to provide support facilities for users of the public transport system.
      (2) Development within the Transport zone
             (a) Within the Transport zone, exempt development and development for the
             purpose of the following may be carried out without development consent:
                      landscaping; maintenance works.
             (b) Within the Transport zone, development for the purpose of the following may
             be carried out, but only with development consent:
                       bus depots; bus stations; public transport facilities; public utility
                       undertakings; railways; roads; workshops.
               (c) Within the part of the Transport zone outlined in red on the City Centre
               Zoning Map, development for the purpose of the following may also be carried
               out, but only with development consent:
                       advertisements; advertising structures; commercial premises; hotels;
                       serviced apartments; shops; refreshment rooms.
               (d) Any other development is prohibited within the Transport zone.
24 Land reserved for road widening
Land shown reserved for road widening on the City Centre Zoning Map is to be acquired by the
public authority indicated on that map on receipt of a written request from the owner of the land.

Division 3 – Building design controls
25 Urban design
Development is to seek to achieve the following urban design objectives, and consent must not
be granted for the carrying out of development unless the consent authority has given
consideration to these objectives:

      (a) the major facades and entries of buildings are to address major public places, such as
      streets, squares, parks and the river,
      (b) through-site pedestrian links are to be made to squares, parks and the river, where
      applicable,
      (c) buildings are to be built predominantly to the street alignment and side boundaries,
      and are to provide continuous street frontages for enhanced pedestrian amenity,
      (d) buildings are to have regard to adjoining buildings and works with transitions of
      height, massing and scale, where appropriate,
      (e) the design of buildings is to have regard to the existing heritage character of a place,
      where applicable,
      (f) space allocated for vehicular entrances is to be minimised, with those entrances
      provided predominantly from lanes or centres of blocks,
      (g) residential buildings are to maximise the number of pedestrian entrances to the street,
      (h) visual impact of car parking is to be minimised by the use of underground parking,
      and by screening above-ground parking from the street by locating the parking behind
      other active uses on street, square, park or river frontages,
      (i) building bulk created by large unbroken expanses of wall is to be reduced by
      articulation and modulation,
      (j) retention of existing laneways and public accessways is to be encouraged.
26 Height of buildings
      (1) Objectives for the control of height of buildings The objectives for the control of the
      height of buildings in the City Centre Precinct are as follows:
               (a) to allow sunlight access to key areas of the public domain by ensuring that:
                        (i) further overshadowing of certain parks and community places is
                        avoided or limited, and
                        (ii) existing overshadowing of certain parks and community places is
                        reduced in the long term,
               (b) to ensure structures and works adjoining parks and the river corridor are not
               overbearing,
               (c) to permit the most intensive high-scale development in immediate proximity
               to public transport nodes,
               (d) to require the height of future buildings to have regard to heritage sites, and
               their settings, their views and their visual interconnections,
               (e) to enable view sharing within the Parramatta City Centre,
                 (f) to nominate heights which integrate with building heights in Special Areas,
                 (g) to ensure that regard is had to the preservation of key identified historic views
                 shown in the Parramatta Regional Planning Strategy, 1999.
         (2) Height of buildings Height is the dominant control and has precedence over
         achievement of maximum floor space ratio for buildings in the City Centre Precinct.The
         height of a building on any land is not to exceed the maximum height shown for the land
         on the City Centre Height Map, or, if the land is within a Special Area, the maximum
         height shown for the land on the City Centre Special Areas Map.Any building on land in
         the Special Uses or Open Space zone is not to exceed a single storey in height.
         (3) Sun access planes
                 (a) All new buildings and additions or alterations to existing buildings must
                 comply with the following sun access plane control established for the Civic Place
                 site, the Lancer Barracks site and Jubilee Park, irrespective of the existing height
                 of nearby buildings:
                          (i) the erection of a building so that any part of the building is above the
                          sun access plane shown on the sun access plane diagram is prohibited,
                          unless that part of the building is a minor architectural roof feature,
                          (ii) despite subparagraph (i), variation of the sun access plane control
                          established for the Civic Place site may be accepted if:
                                   (A) the development generally complies with the design principles
                                   in the approved master plan for the site, and
                                   (B) the development fully complies with clause 28 (2) (i), and
                                   (C) at least 2 hours of solar access is provided to an area of not less
                                   than 6,000 square metres within the Civic Square, as shown on the
                                   map marked " Sydney Regional Environmental Plan No
                                   28--Parramatta (Amendment No 6)--Parramatta City
                                   Centre--Special Areas Map, Sheet 10--Civic Place, Design
                                   Framework ", between 10 am and 2 pm during the winter solstice
                                   (22 June), and
                                   (D) it is demonstrated that any additional overshadowing of the
                                   Lancer Barracks site is confined to an area that is less than 10% of
                                   the total site area and that, in the opinion of the NSW Heritage
                                   Office and the consent authority, the additional overshadowing
                                   will not cause adverse impact on the heritage significance of the
                                   site, including its landscaping, nor the carrying out of activities and
                                   events on the site.
                 (b) For the purposes of defining the sun access plane for the Civic Place site, the
                 location of Civic Square will remain fixed up until such time as an application for
                 its development is approved. Should consent be granted to the development of
                 Civic Square, then all future development must comply with the sun access plane
                 diagram based on the approved location.
                 (c) The consent authority may grant its consent to modification of Civic Square
                 only if it is satisfied that the proposal complies with clause 28 (2) (i) and will have
                 sufficient solar access pursuant to paragraph (a) (ii).
Height controls reflect the sun access principle in all other public places.

27 Floor space ratios
       (1) Objectives for floor space ratio controls The objectives for the maximum floor space
       ratios in the City Centre Precinct are as follows:
                (a) to provide sufficient development capacity to meet the Parramatta City
                Centre's role,
                (b) to relate growth in development capacity to improvements in public transport
              and internal circulation, with densities highest on land at or near Parramatta
              Railway Station and decreasing with distance from that station,
              (c) to fix a maximum floor space ratio that provides for adequate open space,
              privacy between buildings, access for cars into and through the site, pedestrian
              through-site links and appropriate building addresses in the layout of the site,
              (d) to fix a maximum floor space ratio that provides adequately for balconies, lift
              shafts, car parking access and ramps, external wall thickness, environmental
              objectives of natural ventilation and sunlight access, and urban design objectives
              of facade and rooftop articulation, in the design of buildings.
      (2) Maximum floor space ratios
              (a) The floor space ratio of buildings on land in the City Centre Precinct is not to
              exceed the maximum floor space ratio shown for the land on the City Centre
              Floor Space Ratio Map. The achievement of any floor space ratio is subject to
              compliance with the height controls and other provisions of this Plan.
              (b) Regardless of any other provision of this Plan, Council-owned land that is
              being used for public access purposes, roads or laneways at the appointed day is
              not to be considered in the calculation of floor space ratios for the purposes of this
              Plan. This paragraph does not apply to land for which a masterplan is required
              under this plan.
              (c) In addition, floor space must be distributed on Civic Place so that:
                       (i) when averaged across the whole Civic Place site, the development will
                       not constitute a floor space ratio greater than 5.3:1, and
                       (ii) the development is generally consistent with the Master Plan Concept
                       Design, particularly Figure 7.16 (Building Mass Diagram) of that Design,
                       being that Design as incorporated in the master plan for Civic Place, and
                       (iii) sufficient solar access is provided to Civic Square on the site, and
                       (iv) it achieves the objectives for Civic Place as set out in clause 28 (2) (i).
28 Special Areas
      (1) Objectives of the controls for Special Areas The general objectives of the controls for
      Special Areas are as follows:
              (a) to protect Special Areas from development incompatible with the particular
              character and significance of each Special Area,
              (b) to reinforce the specific attributes and qualities of the built form of each of the
              Special Areas.
      (2) Development within Special Areas The consent authority, in considering a
      development application for land in or adjoining a Special Area within the City Centre
      Precinct, must have regard to the following:
              (a) Church Street North:
                       (i) whether the development will reinforce the sense of arrival into historic
                       Parramatta, from St Patricks Cemetery to Lennox Bridge, with continuous
                       urban low-scale buildings and continuous street alignments,
                       (ii) the extent to which the development will maintain identified views
                       from Parramatta Park (the Crescent) and Old Government House towards
                       the hills to the north, and views of St Patricks, St Peters, and All Saints
                       Churches and the former Kings School,
                       (iii) whether development adjacent to Prince Alfred Park reinforces the
                       character of an urban park by encouraging appropriate surrounding uses
                       and buildings to address the Park.
              (b) Prince Alfred Park:
                       (i) whether the development will assist in establishing the Park as a major
                       public place marking the northern end of the Church Street spine,
                       (ii) the extent to which the development will maintain the views from
        Parramatta Park (the Crescent) and Old Government House towards the
        hills to the north, and views of St Patricks, St Peters and All Saints
        Churches and the former Kings School (Marsden Rehabilitation Centre),
        (iii) whether the development will reinforce the character of Prince Alfred
        Park as an urban park by encouraging appropriate surrounding uses and
        buildings to address the Park,
        (iv) whether development proposed adjacent to the Park will emphasise
        the formal layout of the Park and its monuments, with the formal siting of
        buildings to the street alignment and formal street tree planting,
        (v) whether the development is consistent with any conservation
        management plan for the Special Area available from the Heritage Office,
        (vi) whether the development takes advantage of opportunities to share car
        parking facilities in the Special Area, so as to reduce the overall number of
        car parking spaces required in that Area,
        (vii) whether the development improves pedestrian amenity and pedestrian
        links through the Special Area.
(c) Church Street:
        (i) whether the development will enhance Church Street as the major
        historic north-south retail street and pedestrian spine from Victoria Road
        to the Great Western Highway,
        (ii) whether the development will maintain sunlight into the street, and
        existing narrow street frontages with low-scale building heights and a
        consistent street alignment,
        (iii) whether the development will encourage a diverse range of retail,
        dining, entertainment, civic and cultural activities to revitalise the central
        role of Church Street as a major pedestrian promenade in the public life of
        the City,
        (iv) whether the development assists in the recognition of the heritage
        value of existing buildings and public domain elements, by conserving
        and, where necessary, reinstating original facades, verandahs, awnings,
        kerbs and other historic elements,
        (v) the extent to which the development encourages a diverse range of
        retail and cultural activities to revitalise the central role of Church Street in
        the public life of the City,
        (vi) whether the development improves pedestrian links from Westfield
        Shoppingtown to Church Street Mall,
        (vii) for development of Westfield Shoppingtown, whether the way in
        which buildings address Church and Argyle Streets will be enhanced.
(d) George Street:
        (i) whether the development recognises the historic role of George Street
        as the main east-west axis in the City and as a prestigious commercial
        address, and maintains and enhances historic views,
        (ii) whether the development retains the predominant existing 3 storey
        street frontage heights between Marsden Street and Harris Street,
        (iii) whether the development maintains pedestrian amenity and daylight
        access to the street, and avoids wind downdrafts by setting tall buildings
        back from the street frontage,
        (iv) whether development around heritage items is sympathetic
        development, and has due regard to their scale, materials and setting.
(e) Civic Centre:
        (i) whether the development establishes a place which reflects the Primary
        Centre status of Parramatta and its historic identity and provides an
        appropriate gateway to the Central Business District,
        (ii) whether the development will improve the functioning of the railway
        station and its environs as a public transport interchange and will enhance
        the railway station and adjacent areas as major places of arrival to the
        Parramatta City Centre,
        (iii) whether the development improves pedestrian amenity with clear and
        easy access to and from the railway station,
        (iv) whether the development conserves and enhances St Johns Church,
        the Town Hall, Lancer Barracks and other heritage items, their settings,
        their visual connections and public views of them, in any redevelopment
        proposals in their vicinity,
        (v) the extent to which the development capitalises on the opportunity for
        redevelopment co-ordinated with the upgrading of public transport
        facilities.
        (vi) (Repealed)
(f) City Edge River:
        (i) whether the development enhances and re-establishes Parramatta River
        as a major natural asset to the City, and re-establishes foreshore public
        land when new development occurs,
        (ii) whether buildings adjacent to the river address the river with high
        quality facades and entrances,
        (iii) whether the development retains building heights along the river
        which are consistent with the existing tree canopy,
        (iv) whether the development along the river maintains or re-establishes
        building setbacks that will have due regard to the scale of the river and
        provide adequate public foreshore open space,
        (v) whether the development maintains the opportunity to improve
        pedestrian access and foreshore landscaping, and interprets the important
        historical locations and views along the river, such as the landing place.
(g) City Edge West:
        (i) whether the development creates a clear distinction between the City
        Centre built form and the open space of Parramatta Regional Park, with
        continuous high quality facades built to the alignments of O'Connell,
        Macquarie and Pitt Streets,
        (ii) whether the development enhances O'Connell, Macquarie and Pitt
        Streets as formal and prestigious addresses for major public and private
        sector buildings,
        (iii) whether the development maintains a consistent street frontage height
        in O'Connell, Macquarie and Pitt Streets to match the height of the Law
        Courts on the corner of George and O'Connell Streets,
        (iv) whether the development contributes to the heritage significance of St
        Johns Cemetery with an appropriately scaled setting, and maintains
        identified views to St Johns from Mays Hill, and along Hunter Street,
        (v) whether development on the corner of Pitt and Macquarie Streets
        recognises the importance of this corner site in relation to the entrance of
        Parramatta Regional Park.
(h) City Edge East:
        (i) whether the development creates a clear distinction between the City
        Centre built form and the open space of Robin Thomas and James Ruse
        Reserves, with continuous high quality facades built to the alignment of
        Harris Street,
        (ii) whether the development maintains consistent street frontage heights
        and alignments on Harris Street.
(i) Civic Place:whether the development on the Civic Place site:
        (i) is generally consistent with the master plan for Civic Place, in
        particular the principles in Parts C and D of the master plan, and
        (ii) provides a safe pedestrian orientated public square with an area of at
        least 6,000 square metres with an east-west axis, incorporating public art,
        seating and other street furniture, lighting, directional signage, paving,
        water features and landscaping, and
        (iii) provides safe and accessible east-west at-grade and north-south
        through-site pedestrian links, and provides clear and easy at-grade access
        to the railway station, and
        (iv) provides an adequate building curtilage, and is of an appropriate scale
        and bulk, so as to not adversely impact upon the visual prominence and
        heritage significance of heritage items on, and adjacent to, the site, and
        (v) provides north-south and east-west public view corridors to St Johns
        Church, the Town Hall, Lancer Barracks and Leigh Memorial Church, and
        (vi) provides sufficient solar access to Civic Square, and to adjacent
        properties, and
        (vii) provides an at-grade east-west public access zone to the north of the
        building at the Smith and Darcy Street corner and the south of the
        Parramatta Town Hall, and
        (viii) includes satisfactory plans, timetable and outline of legally binding
        instruments that will ensure that a high quality public domain will be
        delivered prior to occupation of the new buildings, and
        (ix) will ensure that less than 40% of the total floor area on the Civic Place
        site is given over to residential use, and
        (x) will ensure that more than 40% of the total floor area on the Civic
        Place site is given over to commercial office space, and
        (xi) provides community, leisure and entertainment facilities that are
        consistent with the master plan framework and that have prominent
        pedestrian entry points from Civic Square and a strong ground level
        presence, and
        (xii) is designed to achieve visual and acoustic privacy to the working and
        living areas of the building while allowing for surveillance of the public
        domain, and
        (xiii) establishes a place that reflects the Primary Centre status of
        Parramatta and has an identity and heritage values that provide an
        appropriate gateway to the Central Business District, and
        (xiv) will complement the functioning of the railway station and public
        transport interchange and minimises potential impacts on public transport
        access and patronage through the appropriate location of vehicular access
        and egress points, the identification of carpark management procedures,
        the appropriate restriction and allocation of on-site carparking, the
        identification and implementation of principles for the promotion of public
        transport access to future users of the site, and the implementation of the
        Traffic Management Plan, and
        (xv) will enhance Church Street as the major historic north-south retail
        street and pedestrian spine and will ensure that uses on the site promote
        the future economic viability and vitality of the Church Street retail spine,
        and
        (xvi) will maintain sunlight into Church Street through the retention of
        low scale building heights at Church Street and appropriate massing and
                      location of taller buildings behind, and
                      (xvii) comprises buildings of exceptional architectural merit, that are
                      articulated, visually interesting, innovative, energy efficient and water
                      efficient and that respond to, and are sympathetic to, heritage buildings on
                      and in the vicinity of the site, and
                      (xviii) provides an adequate distance of separation between the proposed
                      towers at the south-eastern edge of the site so as to ensure that building
                      mass is adequately broken up, and
                      (xix) uses materials that are robust, and combined with the proposed
                      colour scheme, recognise the heritage significance of the site, and that
                      complement the exceptional architectural merit of the new buildings, and
                      (xx) is generally consistent with the map marked " Sydney Regional
                      Environmental Plan No 28--Parramatta (Amendment No 6)--Parramatta
                      City Centre--Special Areas Map, Sheet 10--Civic Place, Design
                      Framework ", and
                      (xxi) undertakes a wind analysis to ensure that wind tunnel effects are
                      appropriately minimised through the design and orientation of buildings.
       (3) Building heights in Special Areas The height of a building on any land within a
       Special Area is not to exceed the height shown for the Special Area on the Special Areas
       Height Map.
Part 4 – Precinct 2--Harris Park Precinct
Division 1 – Aims of Part 4
29 Aims of Part 4
The aims of this Part are as follows:

       (a) to conserve the significance of heritage items, their settings, historic subdivisions,
       conservation areas, identified views and sites of national significance, and to facilitate the
       preservation of those areas and sites and their presentation as an important cultural tourist
       attraction,
       (b) to maintain the role, and improve the amenity of, Harris Park Precinct as an important
       residential area close to the Parramatta City Centre, providing a range of different
       housing types and supporting land uses,
       (c) to protect and enhance the unique visual qualities of the Parramatta River by ensuring
       that development along the foreshore is of a scale and character in keeping with its
       foreshore location, and to maximise public access to, and use of, foreshore land,
       (d) to maintain existing commercial and industrial areas and encourage low to
       medium-rise buildings that are compatible with surrounding residential land uses,
       (e) to achieve environmental management best practice that protects and promotes the
       natural assets of the Harris Park Precinct,
       (f) to improve the environmental performance of development in a way that minimises
       energy and resource use and noise, odour, dust, water, soil, air quality and contamination
       impact,
       (g) to protect and enhance local and regional biodiversity, maximising the extent and
       integrity of aquatic and natural land areas, in particular, the Parramatta River and Clay
       Cliff Creek corridors.
Division 2 – Zoning
29A Land use zones and explanation
The following land use zones for land within the Harris Park Precinct are shown on the Harris
Park Precinct Zoning Map:

       (a) Residential 2 (a)--low density residential zone with predominantly detached dwellings
      and supporting community land uses,
      (b) Residential 2 (b)--medium density residential zone which provides for a variety of
      housing types (but not residential flat buildings) with supporting community and
      commercial land uses,
      (c) Residential 2 (c)--medium density residential zone which encourages a variety of
      housing types including residential flat buildings, with supporting community and
      commercial land uses,
      (d) Residential 2 (e)--applies to land which is flood-affected. Only low density residential
      development is allowed. This zone is considered an interim measure designed to manage
      flood risk until more detailed information is available about the level of risk,
      (e) Business--retail, commercial and support services for residents,
      (f) Light Industrial--light industrial uses that are compatible with surrounding residential
      development and provide local employment opportunities,
      (g) James Ruse Drive Mixed Use--land adjacent to James Ruse Drive and identified for
      higher density residential development and also serviced apartments and motels,
      (h) Special Uses--land identified for a range of special uses that are provided by public
      authorities or community organisations,
      (i) Open Space--land identified for public open space and community facilities,
      (j) Private Open Space--land identified for private open space and community facilities.
29B Residential 2 (a) zone
      (1) Objectives of the Residential 2 (a) zone The objectives of the Residential 2 (a) zone
      are as follows:
              (a) to preserve the amenity, scale and character of existing low-density houses in
              treed garden settings,
              (b) to ensure that new building forms, including alterations and additions, are in
              scale and character with surrounding original development,
              (c) to meet the urban design objectives set out in this Part and (where applicable)
              to comply with the controls for Special Areas as set out in this Part.
      (2) Development within the Residential 2 (a) zone Development controls for the
      Residential 2 (a) zone are as follows:
              (a) Within the Residential 2 (a) zone, exempt development and development for
              the purpose of the following may be carried out without development consent:
                      home activities.
              (b) Within the Residential 2 (a) zone, subdivision and development for the
              purpose of the following may be carried out, but only with development consent:
                      alterations and additions to dwelling houses; bed and breakfasts; boarding
                      houses containing not more than 5 bedrooms (including bedrooms in the
                      manager's residence); child care centres; community facilities; dual
                      occupancies (other than on the site of a heritage item or within a heritage
                      conservation area); dwelling houses; educational establishments; medical
                      consulting rooms; places of public worship; recreation facilities; stables on
                      the land bounded by James Ruse Drive, Oak Street, Arthur Street and
                      A'Becketts Creek.
              In addition, within the Harris Park West Conservation Area:
                      professional office suites; refreshment rooms; shops.
              (c) Any other development is prohibited within the Residential 2 (a) zone.
29C Residential 2 (b) zone
      (1) Objectives of the Residential 2 (b) zone The objectives of the Residential 2 (b) zone
      are as follows:
              (a) to provide for a variety of housing types, including multi-unit residential
              development (but not residential flat buildings),
              (b) to ensure that all new development is in scale and character with surrounding
              residential development and does not detract from the amenity enjoyed by nearby
              residents, or the existing quality of the surrounding environment,
              (c) to allow limited opportunities for non-residential development which provides
              support services for residents and is of a type and scale that is compatible with
              existing or planned residential development,
              (d) to meet the urban design objectives set out in this Part and (where applicable)
              to comply with the controls for Special Areas as set out in this Part.
      (2) Development within the Residential 2 (b) zone
              (a) Within the Residential 2 (b) zone, exempt development and development for
              the purpose of the following may be carried out without development consent:
                       home activities.
              (b) Within the Residential 2 (b) zone, subdivision and development for the
              purpose of the following may be carried out, but only with development consent:
                       alterations and additions to dwelling houses; bed and breakfasts; boarding
                       houses; child care centres; community facilities; dual occupancies;
                       dwelling houses; educational establishments; hospitals; local shops;
                       medical consulting rooms; multi-unit housing (but not residential flat
                       buildings); nursing homes; places of public worship.
              (c) Any other development is prohibited within the Residential 2 (b) zone.
29D Residential 2 (c) zone
      (1) Objectives of the Residential 2 (c) zone The objectives of the Residential 2 (c) zone
      are as follows:
              (a) to encourage a variety of housing types, including multi-unit residential
              development,
              (b) to ensure that all new development is in scale and character with surrounding
              residential development and does not detract from the amenity enjoyed by nearby
              residents, or the existing quality of the surrounding environment,
              (c) to allow limited opportunities for non-residential development which provides
              support services for residents and is of a type and scale that is compatible with
              existing or planned residential development,
              (d) to meet the urban design objectives set out in this Part and (where applicable)
              to comply with the controls for Special Areas as set out in this Part.
      (2) Development within the Residential 2 (c) zone
              (a) Within the Residential 2 (c) zone, exempt development and development for
              the purpose of the following may be carried out without development consent:
                       home activities.
              (b) Within the Residential 2 (c) zone, subdivision and development for the
              purpose of the following may be carried out, but only with development consent:
                       alterations and additions to dwelling houses; bed and breakfasts; boarding
                       houses; child care centres; community facilities; dual occupancies;
                       dwelling houses; educational establishments; hospitals; local shops;
                       medical consulting rooms; multi-unit housing; nursing homes; places of
                       public worship; serviced apartments.
              (c) Any other development is prohibited within the Residential 2 (c) zone.
29E Residential 2 (e) zone
      (1) Objectives of the Residential 2 (e) zone The objectives of the Residential 2 (e) zone
      are as follows:
              (a) to limit the erection of structures on land subject to flood inundation,
              (b) to identify land that is subject to flood inundation and is considered to be
              unsuitable for intensification of development,
              (c) to ensure that the effect of inundation is not increased through development,
              (d) to ensure that all new development is in scale and character with surrounding
              residential development and does not detract from the amenity enjoyed by nearby
              residents, or the existing quality of the surrounding environment,
              (e) to allow limited opportunities for non-residential development which provides
              support services for residents and is of a type and scale that is compatible with
              existing residential development,
              (f) to meet the urban design objectives set out in this Part and (where applicable)
              to comply with the controls for Special Areas as set out in this Part.
      (2) Development within the Residential 2 (e) zone
              (a) Within the Residential 2 (e) zone, exempt development and development for
              the purpose of the following may be carried out without development consent:
                       home activities.
              (b) Within the Residential 2 (e) zone, subdivision (but only if no additional lots
              are created) and development for the purpose of the following may be carried out,
              but only with development consent:
                       alterations and additions to dwelling houses; dwelling houses.
              (c) Any other development is prohibited within the Residential 2 (e) zone.
29F Business zone
      (1) Objectives of the Business zone The objectives of the Business zone are as follows:
              (a) to provide opportunities for low scale retail and commercial development
              which supports surrounding residential development,
              (b) to encourage the integration of commercial centres with public transport and
              pedestrian networks,
              (c) to meet the urban design objectives set out in this Part and (where applicable)
              to comply with the controls for Special Areas as set out in this Part.
      (2) Development within the Business zone
              (a) Within the Business zone, exempt development and development for the
              purpose of the following may be carried out without development consent:
                       home activities.
              (b) Within the Business zone, subdivision and development for the purpose of the
              following may be carried out, but only with development consent:
                       advertisements; advertising structures; amusement centres; bed and
                       breakfasts; boarding houses; brothels; child care centres; clubs;
                       commercial premises; community facilities; dwellings used in conjunction
                       with another land use allowed with consent in this zone; educational
                       establishments; hotels; medical centres; motels; multi-unit housing; places
                       of assembly; places of public worship; public buildings; recreation areas;
                       recreation facilities; refreshment rooms; restricted premises; service
                       stations; serviced apartments; shops; shop-top housing.
              (c) Any other development is prohibited within the Business zone.
29G Light industrial zone
      (1) Objectives of the Light Industrial zone The objectives of the Light Industrial zone are
      as follows:
              (a) to provide for appropriate forms of industrial development, including the
              display and sale of bulky goods and motor-oriented activities, which will
              contribute to the economic and employment growth of the area,
              (b) to ensure that development is carried out in a manner which does not detract
              from the amenity enjoyed by residents in neighbouring localities, from the
              commercial viability of commercial zones in the Harris Park Precinct and the
              Parramatta City Centre or from the efficient operation of the road system,
              (c) to ensure that the scale, design and materials of construction, and the nature of
              development, contribute positively to the visual quality of the locality,
              (d) to allow for and improve public access along the foreshore of the Parramatta
              River,
              (e) to meet the urban design objectives set out in this Part and (where applicable)
              to comply with the controls for Special Areas as set out in this Part.
       (2) Development within the Light Industrial zone
              (a) Within the Light Industrial zone, exempt development may be carried out
              without development consent.
              (b) Within the Light Industrial zone, subdivision and development for the purpose
              of the following may be carried out, but only with development consent:
                       advertisements; advertising structures; brothels; bulky goods retailing; car
                       repair stations; child care centres; commercial signs; depots; dwellings
                       used in conjunction with another land use which is permissible in the
                       zone; equipment hire centres; light industries; local shops; motor
                       showrooms; places of assembly; places of public worship; public
                       buildings; recreation areas; recreation facilities; service stations;
                       warehouses or distribution centres.
              (c) Any other development is prohibited within the Light Industrial zone.
29H James Ruse Drive Mixed Use zone
       (1) Objectives of the James Ruse Drive Mixed Use zone The objectives of the James
       Ruse Drive Mixed Use zone are as follows:
              (a) to recognise the problems associated with the location of existing dwelling
              houses directly adjacent to James Ruse Drive, and to encourage land use activities
              which are more compatible to the location,
              (b) to ensure that new development does not detract from the character and visual
              quality of surrounding residential development or of nearby historic places,
              including Elizabeth Farm, or from the amenity enjoyed by nearby residents,
              (c) to provide for land uses which support the activities of the nearby Rosehill
              Racecourse,
              (d) to enhance James Ruse Drive as an important gateway to Parramatta,
              (e) to meet the urban design objectives set out in this Part and (where applicable)
              to comply with the controls for Special Areas as set out in this Part,
              (f) to ensure that development does not detract from the efficient operation of the
              road system.
       (2) Development within the James Ruse Drive Mixed Use zone
              (a) Within the James Ruse Drive Mixed Use zone, exempt development and
              development for the purpose of the following may be carried out without
              development consent:
                       home activities.
              (b) Within the James Ruse Drive Mixed Use zone, subdivision and development
              for the purpose of the following may be carried out, but only with development
              consent:
                       dwellings; home activities; motels; multi-unit housing; professional office
                       suites; serviced apartments; stables.
              (c) Any other development is prohibited within the James Ruse Drive Mixed Use
              zone.
29I Special Uses zone
       (1) Objectives of the Special Uses zone The objectives of the Special Uses zone are as
       follows:
              (a) to facilitate certain development on land which is used by public authorities,
              institutions or organisations to provide community facilities, services, utilities or
              transport facilities, being the primary use for the land specified on the Harris Park
              Precinct Zoning Map,
              (b) to allow other ancillary development which is incidental to the primary use for
             the land,
             (c) to meet the urban design objectives set out in this Part and (where applicable)
             to comply with the controls for Special Areas as set out in this Part.
      (2) Development within the Special Uses zone
             (a) Within the Special Uses zone, exempt development may be carried out
             without development consent.
             (b) Within the Special Uses zone, subdivision and development for the purpose of
             the following may be carried out, but only with development consent:
                      the particular land use indicated by red lettering on the Harris Park
                      Precinct Zoning Map.
             (c) Any other development is prohibited within the Special Uses zone.
29J Open Space zone
      (1) Objectives of the Open Space zone The objectives of the Open Space zone are as
      follows:
             (a) to enable development of land for the purpose of open space and recreation
             and to facilitate continued provision or enhancement of parks, community
             facilities, and support facilities, utilised by the community,
             (b) to enable other low-scale ancillary, incidental or related uses which will
             encourage the enjoyment of land zoned for open space, whilst not significantly
             restricting public access,
             (c) to encourage the retention and enhancement of open space links along the
             Parramatta River foreshore,
             (d) to encourage the retention and enhancement of open space links between
             Elizabeth Farm House, Experiment Farm Cottage, Hambledon Cottage and the
             Parramatta River foreshore, and facilitate or enhance the views and public access
             between the historic places in the precinct,
             (e) to facilitate public access to land and buildings within this zone,
             (f) to meet the urban design objectives set out in this Part and (where applicable)
             to comply with the controls for Special Areas as set out in this Part.
      (2) Development within the Open Space zone
             (a) Within the Open Space zone, exempt development and development for the
             purpose of the following may be carried out without development consent:
                      gardening or bushfire hazard reduction; landscaping; maintenance works.
             (b) Within the Open Space zone, development for the purpose of the following
             may be carried out, but only with development consent:
                      amenity buildings; artworks; bicycle hire; boat hire and boat launching;
                      child care centres; community facilities; identifying or interpretive signage
                      ancillary to another use allowed on the site; kiosks; outdoor eating areas
                      linked to kiosks within the zone or restaurants in adjoining zones;
                      recreation areas; water based entertainment facilities.
             (c) Any other development is prohibited within the Open Space zone.
      (3) Open Space reservation Land within this zone shown reserved for open space on the
      Harris Park Precinct Zoning Map is to be acquired by the public authority indicated on
      that map on receipt of a written request from the owner of the land.
29K Private Open Space zone
      (1) Objectives of the Private Open Space zone The objectives of the Private Open Space
      zone are as follows:
             (a) to enable the development of private land for the purpose of recreation, and for
             other ancillary, incidental or related uses which will encourage the provision of
             community facilities,
             (b) to ensure that new building forms are in scale and character with surrounding
             development and do not detract from the amenity enjoyed by nearby residents or
               the existing quality of the surrounding environment,
               (c) to meet the urban design objectives set out in this Part and (where applicable)
               to comply with the controls for Special Areas as set out in this Part.
       (2) Development within the Private Open Space zone
               (a) Within the Private Open Space zone, exempt development and development
               for the purpose of the following may be carried out without development consent:
                       gardening or bushfire hazard reduction; landscaping; maintenance works.
               (b) Within the Private Open Space zone, subdivision and development for the
               purpose of the following may be carried out, but only with development consent:
                       advertisements; car parking; child care centres; clubs; community
                       facilities; entertainment facilities; kiosks; recreation areas; recreation
                       facilities; refreshment rooms.
               (c) Any other development is prohibited within the Private Open Space zone.
29L Land reserved for road widening
Land shown reserved for road widening on the Harris Park Precinct Zoning Map is to be
acquired by the public authority indicated on that map on receipt of a written request from the
owner of the land.

Division 3 – Building design controls
29M Urban design
Development is to seek to achieve the following urban design objectives, and consent must not
be granted for the carrying out of development unless the consent authority has given
consideration to these objectives:

       (a) generally:
                (i) the main entries of buildings are to address the street, and multi-unit residential
                buildings are to maximise the number of pedestrian entrances to the street,
                (ii) any facade of a building which is clearly visible from a major public place
                such as a street, a park, or the river shall be designed to address that place,
                (iii) buildings are to be designed with regard to the features of adjoining buildings
                and works with transitions of height, massing and scale where appropriate,
                (iv) new buildings shall sit parallel to the street,
                (v) space allocated for vehicular entrances is to be minimised, with those
                entrances provided, if possible, from laneways,
                (vi) the width and surface area of driveways and other hard surfaces associated
                with the movement and parking of vehicles shall be minimised,
                (vii) the visual impact of car parking is to be minimised. Except in the Residential
                2 (a) and Residential 2 (b) zones, this shall be achieved by the use of underground
                carparking, and by screening above-ground parking from the street by locating the
                parking behind other active uses on street, park or river frontages,
                (viii) building bulk created by large unbroken expanses of wall is to be reduced by
                articulation and modulation, particularly where facing a public place such as a
                street, a park, or the river,
                (ix) the retention (and widening where possible) of existing laneways and public
                accessways is to be encouraged,
       (b) in low-density residential zones:
                (i) the predominant pattern of individual houses on individual blocks of land
                within treed garden settings is to be maintained,
                (ii) new buildings shall have front and side setbacks similar to the majority of
                existing buildings in the street,
                (iii) new buildings or extensions to existing buildings shall have roofs which are
                similar to those in the vicinity in terms of their pitch and form, with recognition
               being given to the predominance of roofs in many areas which are pitched
               between 25 and 45 degrees,
               (iv) garages and other structures designed to accommodate vehicles shall not
               dominate in their scale and siting and shall be located behind the building line,
      (c) in heritage conservation areas:
               (i) new buildings shall be designed to minimise the impact on the existing pattern
               and character of development, and should be no higher than the majority of
               existing buildings in the vicinity,
               (ii) alterations and additions shall be designed to minimise the impact on the
               existing building and on the existing pattern and character of development, shall
               generally be to the rear of the existing building, and should have a ridge no higher
               than the existing building,
               (iii) new buildings or alterations and additions shall use materials which are
               sympathetic to the existing materials. Regard is to be had to the type of material,
               its colour, texture and reflectivity, and finishes,
               (iv) garages and other structures designed to accommodate vehicles shall be
               located to the rear of the property,
               (v) views between buildings, where they exist, should be maintained,
      (d) special recognition is to be given to the need to create a strong, unified and visually
      attractive character for James Ruse Drive, enhancing its role as an important gateway to
      Parramatta,
      (e) for land south of Clay Cliff Creek between Parkes Street and Alfred Street:
               (i) the height of any buildings shall be limited, such that there is no greater visual
               impact than that provided by existing buildings, as seen from the grounds of
               Hambledon Cottage and from Gregory Place, and
               (ii) landscaping shall be used to reduce the visual impact of development as seen
               from the grounds of Hambledon Cottage and from Gregory Place.
29N Special Areas
The Special Areas are identified on the Harris Park Precinct Special Areas Map.

        (1) Objectives for the controls for Special Areas The objectives of the controls for Special
        Areas are as follows:
               (a) to protect Special Areas from development incompatible with the particular
               character and significance of each Special Area,
               (b) to reinforce the specific attributes and qualities of each of the Special Areas,
               (c) to conserve the heritage significance of the Area of National Significance, as
               defined for the purposes of this Plan, including its heritage items and their
               settings, historic subdivision pattern and identified views, by ensuring that new
               building forms, including alterations and additions, have due regard to the scale,
               siting, bulk and materials of nearby original development, Refer to the Statement of
                 Significance in Appendix 4 of the Parramatta Regional Planning Strategy 1999.
               (d) to ensure that the Area of National Significance retains its predominant
               character of dwelling houses within a treed garden setting,
               (e) to enhance and re-establish Parramatta River as a major natural asset to Harris
               Park,
               (f) to retain and enhance links between historic places,
               (g) to enhance James Ruse Drive as an important gateway to Parramatta.
        (2) Development within the Area of National Significance
               (a) Before granting consent for development within the Special Area referred to in
               this Plan as the Area of National Significance, the consent authority must be
               satisfied that:
                        (i) the scale, form, siting, materials and use of new development will not
                adversely affect the heritage significance of the Area of National
                Significance, and
                (ii) the existing allotment and development pattern, and the natural
                landform of the Area of National Significance will be maintained, and
                (iii) the original course of Clay Cliff Creek (as shown on the Harris Park
                Precinct Zoning Map) will be re-established or, if that is not reasonably
                practicable, permanent evidence of its original course will be provided by
                way of signs or other interpretative aids.
        (b) When determining the effect of proposed development on the heritage
        significance of the Area of National Significance, as required by paragraph (a),
        the consent authority must take into consideration the following:
                (i) the impact that the proposed development will have on the heritage
                significance of the Area of National Significance, including consideration
                of the size, shape, height, siting, setbacks and materials of the proposed
                buildings or works, and the pitch and form of the roof,
                (ii) the impact that the proposed development will have on the settings of
                Elizabeth Farm House, Experiment Farm Cottage and Hambledon
                Cottage,
                (iii) whether the proposed development will adversely affect the existing
                views into and out of the sites of Elizabeth Farm House, Experiment Farm
                Cottage and Hambledon Cottage, the Female Orphan School (University
                of Western Sydney Rydalmere Campus), the Parramatta River corridor
                and the Pennant Hills open space ridge line,
                (iv) the advice of the consent authority's heritage adviser or of another
                person with appropriate skills and experience about the impact of the
                proposed development on the heritage significance of the Area of National
                Significance and whether any variation of the proposed development
                could be made to minimise that impact,
                (v) if, in the opinion of that heritage adviser or other person, the proposed
                development should be referred to the National Trust or the Historic
                Houses Trust, any comments received from either of these bodies within
                21 days of notice of the proposed development being given to it,
                (vi) the impact of the proposed development on the known or potential
                archaeological significance of the site.
(3) Development within the Harris Park River Special Area Before granting consent for
development within the Harris Park River Special Area, the consent authority must have
regard to the following:
        (a) whether all reasonable opportunities to re-establish foreshore public land are
        taken up,
        (b) whether the development retains and enhances open space links along the
        Parramatta River foreshore,
        (c) whether the development retains and enhances open space links between
        Elizabeth Farm House, Experiment Farm Cottage, Hambledon Cottage and the
        Parramatta River foreshore, and facilitates or enhances the views and public
        access between the historic places in the Harris Park Precinct,
        (d) whether buildings adjacent to the River address the River with high quality
        facades and entrances,
        (e) whether the scale of buildings along the River will not dominate the
        topographical features of the River landscape,
        (f) whether the proposal maintains and re-establishes building setbacks along the
        River,
        (g) whether the development improves foreshore landscaping and makes apparent
               the settings of the important historic places and views along the river, such as the
               Queens Wharf.
       (4) Development within the Football Estate Special Area
               (a) Before granting consent for development within the Football Estate Special
               Area, the consent authority must be satisfied that the existing character and
               heritage significance of the area (as described in the Statement of Significance in
               Appendix 3 of the Parramatta Regional Planning Strategy 1999) is retained,
               including consideration of the following:
                        (i) the scale, form, siting, materials and use of new development,
                        (ii) the existing allotment and development pattern, and the natural
                        landform of the area,
                        (iii) the retention of the landscaped open space area identified on the
                        Harris Park Precinct Design Control Map as a "no build area",
                        (iv) whether any new buildings in the Residential 2 (b) zone are stepped
                        down with the slope of the site.
               (b) Despite any other provision of this Plan, no part of any building may be
               constructed to intrude into the area identified by stipple on the Harris Park
               Precinct Design Control Map.
       (5) Development within the James Ruse Drive Special Area Before granting consent for
       development within the James Ruse Drive Special Area, the consent authority must be
       satisfied that the development:
               (a) contributes to a strong, unified and visually attractive character for James Ruse
               Drive, enhancing its role as an important gateway to Parramatta, and
               (b) allows for a 5 metre wide landscaped buffer along James Ruse Drive, and
               (c) utilises construction materials and design techniques which address the
               impacts arising from James Ruse Drive, and
               (d) does not detract from the character and visual quality of surrounding
               residential development or of nearby historic places, or from the amenity enjoyed
               by nearby residents, and
               (e) does not detract from the efficient operation of the road system, and
               (f) has vehicular access via local roads and not directly off James Ruse Drive.
29O Height of buildings
       (1) Objectives for the control of height of buildings The objectives for the control of
       height of buildings in the Harris Park Precinct are as follows:
               (a) to maintain (and reinstate, where possible) the identified views of the Area of
               National Significance, into and out of the sites of Elizabeth Farm House,
               Experiment Farm Cottage and Hambledon Cottage, the Female Orphan School
               (University of Western Sydney Rydalmere Campus), the Parramatta River
               corridor and the Pennant Hills open space ridge line,
               (b) to reinforce the existing character and scale of residential areas.
       (2) Height of buildings
               (a) The height of a building or structure on any land in the Harris Park Precinct is
               not to exceed the height shown for the land on the Harris Park Precinct Height
               Map.
               (b) Notwithstanding paragraph (a), any building on land zoned Open Space or
               Special Uses--Historic Building on the Harris Park Precinct Zoning Map shall not
               be more than a single storey high.
               (c) Notwithstanding paragraph (a), the maximum height of buildings or structures
               on land south of Clay Cliff Creek between Parkes Street and Alfred Street shall
               only be achieved where it can be demonstrated that the building or structure will
               not dominate the topographical features of the River landscape.
29P Floor space ratios
      (1) Objectives for floor space ratio controls The objectives for maximum floor space
      ratios in the Harris Park Precinct are as follows:
               (a) to control the scale, bulk and intensity of new buildings within the Residential
               2 (c) zone,
               (b) to ensure a degree of equity in relation to building potential for sites of
               different sizes and for sites located in different parts of the Harris Park Precinct,
               (c) to regulate the density of development and generation of vehicular and
               pedestrian traffic.
      (2) Floor space ratios The floor space ratio of buildings on land in the Harris Park
      Precinct is not to exceed the maximum floor space ratio shown on the Harris Park
      Precinct Design Control Map. The achievement of any floor space ratio is subject to
      compliance with the height controls and all other provisions of this Plan.
29Q Minimum frontage
      (1) Objectives for minimum frontage controls The objective for minimum frontage
      controls in the Harris Park Precinct is to achieve new development in the form of
      multi-unit housing which:
               (a) provides sufficient block width to facilitate good building design, and
               (b) addresses the street.
      (2) Minimum frontage No land can be developed for the purposes of multi-unit housing
      unless the land on which the development takes place has a street frontage with a
      minimum width of 18 metres.
29R Minimum allotment size
      (1) Objectives for minimum allotment size controls The objectives for minimum
      allotment size controls in the Harris Park Precinct are as follows:
               (a) to retain the character and amenity of residential areas,
               (b) to retain historic subdivision patterns,
               (c) to maintain residential development within the environmental capacity of the
               land.
      (2) Minimum allotment sizes The controls for minimum allotment size are as follows:
               (a) a dwelling house shall not be erected in any residential zone on an allotment of
               land which has an area of less than 550 square metres or a width of less than 12
               metres at the street alignment,
               (b) a dual occupancy development shall not be erected in any residential zone on
               land which has an area of less than 600 square metres,
               (c) nothing in paragraph (a) prevents the consent authority from consenting to the
               erection of a dwelling house on a parcel of land if such a parcel existed as a
               separate parcel on 9 March 1979,
               (d) for the purpose of calculating the area of a lot created by a subdivision, the
               access corridor shall not be included in the calculation of site area.
29S Roof design
      (1) Objectives for roof design controls The objectives for roof design controls are as
      follows:
               (a) to maximise opportunities for solar access in residential areas,
               (b) to retain space and views between buildings in residential areas,
               (c) to ensure that the roofs of new buildings in residential areas are compatible
               with existing roofs in the area in terms of their pitch, form and design detail,
               (d) to allow for existing and new buildings to accommodate attics within the roof
               space,
               (e) to ensure that, where attics are proposed to be accommodated within existing
               roofs, the existing appearance of the roof is altered as little as possible.
      (2) Roof design The controls for roof design are as follows:
               (a) within the Area of National Significance, as defined for the purposes of this
             Plan, the predominant roof form of all new single dwellings, and all new
             multi-unit dwellings (except residential flat buildings), shall have a pitch of
             between 25 degrees and 45 degrees,
             (b) where windows and skylights are used to allow ventilation and natural light
             into an attic, these must be flat and sit parallel to the roof where they are located
             on the front and side elevations of the building. Consent may be granted for
             dormer windows and the like located to the rear of the building only,
             (c) where attics are created within an existing roof shape, the shape of the roof
             must not be altered, except in accordance with paragraph (b),
             (d) for new buildings or extensions to existing buildings which include an attic,
             the roof in which the attic is contained must be pitched from the top of the
             external wall at a maximum pitch of 45 degrees.
29T Landscape controls
      (1) Objectives for landscape controls The objectives for landscape controls in the Harris
      Park Precinct are as follows:
             (a) to retain and enhance the character of the area as one of predominantly low
             density residential development within treed garden settings, and with views
             between buildings and to significant historic places,
             (b) to help conserve the heritage significance of heritage conservation areas and of
             the Area of National Significance (as described in the Statements of Significance
             in Appendix 3 and Appendix 4, respectively, of the Parramatta Regional
             Planning Strategy 1999),
             (c) to provide high-quality private open space for residents for recreational
             purposes,
             (d) to contribute to effective management of stormwater, biodiversity and energy
             efficiency, and
             (e) to improve visual amenity.
      (2) Landscape controls
             (a) The consent authority must not consent to development on land shown hatched
             on the Harris Park Precinct Design Control Map which will result in a landscaped
             area (as defined in this Plan) of less than 45% of the site area, or 30% of the site
             area, whichever minimum is shown for the land on the Harris Park Precinct
             Design Control Map.
             (b) The consent authority must not consent to development on land elsewhere in
             the Harris Park Precinct without consideration being given to landscape controls
             within any relevant development control plan.
29U Advertisements and advertising structures
      (1) Objectives for advertisements and advertising structures The objectives for controls
      for advertisements and advertising structures in the Harris Park Precinct are as follows:
             (a) to ensure that advertisements and advertising structures do not adversely affect
             visual amenity within the Area of National Significance, as defined for the
             purposes of this Plan,
             (b) to ensure that advertisements and advertising structures do not adversely affect
             the heritage significance of that Area of National Significance, including views
             into and out of historic places.
      (2) Controls for advertisements and advertising structures Despite clause 59 (What is
      exempt development?), advertisements and advertising structures within the Area of
      National Significance:
             (a) may only display a message relating to the premises on which they are
             situated, and
             (b) shall be no higher than the building to which they relate, and
             (c) may be free-standing only if within the light industrial zone and, if not, must
               be attached to the building to which they relate.
Part 5 – Precinct 3--Government Precinct
Division 1 – Aims of Part 5
30 Aims of Part 5
The aims of this Part are as follows:

       (a) to conserve, enhance and promote the national heritage significance of the Precinct,
       (b) to recognise and increase the Precinct's role as a community and recreational resource
       for the people of Parramatta and Western Sydney,
       (c) to improve public access to, and ensure the Precinct forms an extension to, the
       civic/public spaces of Parramatta City, including access to and along the Parramatta
       River,
       (d) to enhance opportunities for future development of appropriate sites, particularly the
       North Parramatta Government Sites,
       (e) to facilitate opportunities for public transport linking the North Parramatta
       Government Sites to Westmead and the City Centre,
       (f) to achieve environmental management best practice that protects and promotes the
       natural assets of the Government Precinct,
       (g) to improve the environmental performance of development in a way that minimises
       energy and resource use and noise, odour, dust, water, soil, air quality and contamination
       impact,
       (h) provided there is no conflict with heritage values, to protect and enhance local and
       regional biodiversity, maximising the extent and integrity of aquatic and natural land
       areas, in particular, the Parramatta River and Darling Mills Creek corridors.
Division 2 – Zoning
31 Land use zones and explanation
The following land use zones for land within the Government Precinct are shown on the
Government Precinct Zoning Map:

      (a) Regional Park--applies to Parramatta Park, and is primarily a public recreation and
      heritage conservation zone,
      (b) Parramatta Stadium--allows a stadium and a range of recreational, educational and
      entertainment uses,
      (c) Transport--applies to existing and future uses related to transport and access,
      including road, rail and related transport services,
      (d) North Parramatta Mixed Use--applies to the North Parramatta Government Sites and
      allows a mix of uses that provides for residential and home business uses, diverse
      commercial, community and tourist and recreational land uses, and a range of
      neighbourhood support services, while ensuring heritage conservation,
      (e) Private Open Space--land identified for private open space and community facilities.
32 Regional Park zone
      (1) Objectives of the Regional Park zone The objectives of the Regional Park zone are as
      follows:
              (a) to identify lands which are trust lands under the Parramatta Park Trust Act
              2001, and
              (b) to allow for the management and appropriate use of that land as provided for
              in or under the Parramatta Park Trust Act 2001.
      (2) Development within the Regional Park zone Development controls for the Regional
      Park zone are as follows:
              (a) development for the purpose of any land use authorised by or under the
              Parramatta Park Trust Act 2001 and any land use ordinarily incidental or
              ancillary to any such land use may be carried out without development consent,
              (b) any other development is prohibited within the Regional Park zone.
33 Parramatta Stadium zone
      (1) Objectives of the Parramatta Stadium zone The objectives of the Parramatta Stadium
      zone are to allow a stadium and to allow a range of associated uses.
      (2) Development within the Parramatta Stadium zone Development controls for the
      Parramatta Stadium zone are as follows:
              (a) Within the Parramatta Stadium zone, exempt development and development
              for the purpose of the following may be carried out without development consent:
                       gardening; landscaping (including tree planting, repaving and replacement
                       of street furniture); maintenance works.
              (b) Within the Parramatta Stadium zone, development for the purpose of the
              following may be carried out, but only with development consent:
                       educational, cultural or community activities; exhibitions; public
                       entertainment; recreation areas; stadiums.
              (c) Any other development is prohibited in the Parramatta Stadium zone.
34 Transport zone
      (1) Objectives of the Transport zone The objectives of the Transport zone are as follows:
              (a) to facilitate the continued operation of road and related transport services, and
              rail and related transport services,
              (b) to provide for the efficient operation of public transport,
              (c) to facilitate the future growth of the transport network.
      (2) Development within the Transport zone Development controls for the Transport zone
      are as follows:
              (a) Within the Transport zone, exempt development and development for the
              purpose of the following may be carried out without development consent:
                       landscaping; maintenance works.
              (b) Within the Transport zone, development for the purpose of the following may
              be carried out, but only with development consent:
                       public transport facilities; public utility undertakings; railways; roads;
                       workshops.
              (c) Any other development is prohibited within the Transport zone.
35 North Parramatta Mixed Use zone
      (1) Objectives of the North Parramatta Mixed Use zone The objectives of the North
      Parramatta Mixed Use zone are as follows:
              (a) to conserve heritage items by encouraging adaptive reuse of heritage items that
              is consistent with their settings, and to maintain and enhance their cultural
              landscape setting, while allowing additional compatible uses,
              (b) to permit diverse forms of development which provide opportunities for a
              range of private and public uses,
              (c) to ensure energy and water efficient design, minimise pollution and conserve
              the landscape,
              (d) to develop the transportation network for the Government Precinct and ensure
              contributions to public transport, bicycle and pedestrian facilities and services,
              (e) to establish a highly attractive area to live and work in, and for recreation,
              tourist use and enjoyment.
      (2) Development within the North Parramatta Mixed Use zone Development controls for
      the North Parramatta Mixed Use zone are as follows:
              (a) Within the North Parramatta Mixed Use zone, exempt development may be
              carried out without development consent.
              (b) Within the North Parramatta Mixed Use zone, development for the purpose of
              the following may be carried out, but only with development consent:
                       advertisements and advertising structures; amusement centres;
                       backpackers' accommodation; bed and breakfasts; boarding houses; car
                       parking stations; child care centres; commercial premises; community
                       facilities; dwelling-houses; dual occupancies; educational establishments;
                       home activities; kiosks; light industries; medical consulting rooms;
                       multi-unit housing; places of public worship; recreation areas; refreshment
                       rooms; shops.
               (c) Commercial premises within the Development and Conservation Special Area
               may only be in a building at ground level and below residential development.
               (d) Development for the purpose of the following, in addition to development
               described in paragraph (b), may be carried out within a building that is a heritage
               item or within the Adaptive Reuse Special Area, but only with development
               consent:
                       clubs; entertainment facilities; hospitals; hotels; motels; recreation
                       facilities; serviced apartments; tourist facilities.
               (e) Any other development is prohibited within the North Parramatta Mixed Use
               zone.
36 Private Open Space zone
       (1) Objectives of the Private Open Space zone The objectives of the Private Open Space
       zone are as follows:
               (a) to enable the development of private land for the purpose of recreation, and for
               other ancillary, incidental or related uses which will encourage the provision of
               community facilities,
               (b) to ensure that new building forms are in scale and character with surrounding
               development and do not detract from the amenity enjoyed by nearby residents or
               the existing quality of the surrounding environment.
       (2) Development within the Private Open Space zone
               (a) Within the Private Open Space zone, exempt development and development
               for the purpose of the following may be carried out without development consent:
                       gardening or bush fire hazard reduction; landscaping; maintenance works.
               (b) Within the Private Open Space zone, development for the purpose of the
               following may be carried out, but only with development consent:
                       advertisements; child care centres; clubs; community facilities;
                       entertainment facilities; kiosks; public utility undertakings (other than gas
                       holders or generating works); recreation areas; recreation facilities;
                       refreshment rooms.
               (c) Any other development is prohibited within the Private Open Space zone.
Division 3 – Building design controls
37 Height of buildings
       (1) Objectives for the control of height of buildings The objectives for the control of
       height of buildings in the Government Precinct are as follows:
               (a) to ensure heritage structures remain publicly visible and prominent from key
               public places,
               (b) to protect identified views from Parramatta Regional Park towards North
               Parramatta,
               (c) to ensure the height of future buildings steps up from the Parramatta River and
               is generally not above the typical existing tree canopy.
38 Special Areas
       There are three Special Areas, as shown on the Government Precinct Special Areas Map.
       (1) Objectives for the controls for Special Areas The objectives of the controls for Special
       Areas are as follows:
               (a) to protect Special Areas from development incompatible with the particular
               character and significance of each Special Area,
               (b) to reinforce the specific attributes and qualities of the built form of each of the
               Special Areas.
       (2) Special Area considerations The consent authority, in considering a development
       application for land in or adjoining a Special Area, must have regard to the following
       objectives for the Special Area:
               (a) River corridor:
                        (i) to provide secure and attractive public access along the Parramatta
                        River,
                        (ii) to provide adequate public foreshore open space, having due regard to
                        the scale of the river and establish building setbacks along the river,
                        (iii) to provide buildings and sites along the river that address the
                        Parramatta River with high quality facades and entrances,
                        (iv) to encourage a diverse and active range of uses and cultural activities
                        so as to revitalise the river corridor.
                        (v) to provide development that recognises the symbolic and historic links
                        between key heritage items and the river.
               (b) Adaptive reuse:
                        (i) to conserve and promote the adaptive reuse of redundant heritage
                        buildings and their settings and allow sensitive redevelopment of
                        appropriate portions of the area within a coherent and attractive
                        framework,
                        (ii) to enhance and, where appropriate, re-establish historic views and
                        vistas,
                        (iii) to conserve and enhance the cultural landscape,
                        (iv) to promote a range of uses that revitalises and enlivens the heritage
                        buildings and their settings, while ensuring conservation of significant
                        fabric,
                        (v) to conserve and promote the heritage values of the area and encourage
                        tourism, leisure and recreational uses,
                        (vi) to facilitate continuing compatible public uses,
                        (vii) to conserve and promote significant Aboriginal and non-indigenous
                        archaeological sites.
               (c) Development and conservation:
                        (i) to integrate commercial, residential and neighbourhood community
                        development into the landscape setting, while conserving heritage value,
                        (ii) to enhance existing vistas and, where appropriate, re-establish historic
                        vistas and create new vistas through the orientation of new streets and the
                        location of buildings and structures,
                        (iii) to conserve and enhance the cultural landscape,
                        (iv) to conserve and promote significant Aboriginal and non-indigenous
                        archaeological sites.
Part 6 – Precinct 4--Westmead Precinct
39 Planning aims for the Westmead Precinct
       (1) The planning aims for the Westmead Precinct are as follows:
              (a) to encourage a vibrant Precinct with a distinct health and teaching identity,
              (b) to improve direct and efficient access to and through the Precinct from other
              parts of the Greater Metropolitan Region, and to improve linkage of Westmead
              Hospital to the public transport network,
              (c) to provide opportunities for a range of housing types,
              (d) to develop a mixed use centre of retail, residential, commercial and
               community services at the transport node serving the Precinct,
               (e) to facilitate physical and business research links to other Precincts, especially
               the City Centre, Rydalmere and Camellia Precincts,
               (f) to achieve environmental management best practice that protects and promotes
               the natural assets of the Westmead Precinct,
               (g) to improve the environmental performance of development in a way that
               minimises energy and resource use and noise, odour, dust, water, soil, air quality
               and contamination impact,
               (h) to protect and enhance local and regional biodiversity, maximising the extent
               and integrity of aquatic and natural land areas, in particular, the Parramatta River
               and Toongabbie Creek corridors.
       (2) These aims must be considered by the consent authority in assessing development
       applications and should be considered when a council prepares a local environmental
       plan for land within the Westmead Precinct.
Part 7 – Precinct 5--Rydalmere Precinct
Division 1 – Aims of Part 7
40 Planning aims for the Rydalmere Precinct
The aims of this Part are as follows:

       (a) to encourage a vibrant, attractive and mutually supportive employment, industrial,
       educational and research precinct,
       (b) to increase employment numbers in the Rydalmere Precinct,
       (c) to increase the opportunity for residential, retail, commercial and community facility
       development in close proximity to public transport,
       (d) to improve public transport accessibility and to provide a pedestrian and cycle
       network that utilises the foreshore corridor and connects to other precincts while not
       diminishing important natural assets and biodiversity,
       (e) to achieve better access and circulation for local traffic flows accessing the
       employment areas while protecting the level of service of James Ruse Drive and Victoria
       Road,
       (f) to conserve and adaptively reuse heritage items within the Rydalmere Precinct and to
       encourage wider community use and access to these assets,
       (g) to encourage strong links between the University of Western Sydney, the community
       and industry both inside and outside the Rydalmere Precinct,
       (h) to achieve environmental management best practice that protects and promotes the
       natural assets of Rydalmere,
       (i) to improve the environmental performance of development in a way that minimises
       energy and resource use and noise, odour, dust, water, soil, air quality and contamination
       impact,
       (j) provided there is no conflict with heritage values, to protect and enhance local and
       regional biodiversity, maximising the extent and integrity of aquatic and natural land
       areas, in particular, the Parramatta River and Darling Mills Creek corridors.
Division 2 – Zoning
40A Land use zones and explanation
The following land use zones for land within the Rydalmere Precinct are shown on the
Rydalmere Precinct Zoning Map:

       (a) Residential 2 (b)--a medium density residential zone that provides for a variety of
       housing types (but not residential flat buildings) with supporting community and
       commercial land uses,
       (b) Business and Transport Centre--a zone that provides for retail, commercial, transport,
      community and support services for residents, industry and businesses,
      (c) Trade and Industry Support--a zone that provides for businesses and industries that
      support the commercial and industrial activities of the Primary Centre,
      (d) Technology and Enterprise--a zone that provides for high technology and
      contemporary industrial activities that are compatible with surrounding residential
      development and produce a neutral or beneficial effect on the environment,
      (e) Special Uses--a zone that applies to land identified for a range of special uses that are
      provided by public authorities or community organisations,
      (f) Open Space--a zone that applies to land identified for public open space and
      community facilities,
      (g) Environmental Protection--a zone that applies to land on the foreshore of waterways
      that is to be protected because of its current or potential high environmental values,
      (h) Transport--a zone that provides for existing and future uses related to road and rail
      transport and access, including passenger and freight movement.
40B Residential 2 (b) zone
      (1) Objectives of the Residential 2 (b) zone The objectives of the Residential 2 (b) zone
      are as follows:
               (a) to provide for a variety of housing types, including multi-unit housing
               development (but not residential flat buildings),
               (b) to ensure that all new development is in scale and character with surrounding
               residential development and does not detract from the amenity enjoyed by nearby
               residents, or the existing quality of the surrounding environment, or adversely
               impact on identified views,
               (c) to allow limited opportunities for non-residential development that provides
               support services for residents and is of a type and scale that is compatible with
               existing or planned residential development,
               (d) to meet the urban design objectives set out in this Part and (where applicable)
               to comply with the controls for Special Areas as set out in this Part.
      (2) Development within the Residential 2 (b) zone Within the Residential 2 (b) zone:
               (a) exempt development and development for any of the following purposes may
               be carried out without development consent:
                        home activities.
               (b) subdivision and development for any of the following purposes may be carried
               out, but only with development consent:
                        bed and breakfasts; boarding houses; child care centres; community
                        facilities; demolition; drainage works; dual occupancies; dwelling-houses;
                        educational establishments; hospitals; landscaping that is not exempt
                        development; local shops; medical consulting rooms; multi-unit housing
                        (but not residential flat buildings); nursing homes; places of public
                        worship; public utility undertakings (other than gas holders or generating
                        works); roads.
               (c) any other development is prohibited.
40C Business and Transport Centre zone
      (1) Objectives of the Business and Transport Centre zone The objectives of the Business
      and Transport Centre zone are as follows:
               (a) to provide opportunities for mutually supportive retail, commercial,
               residential, light industrial, transport and community facility development,
               (b) to integrate the zone with, and to encourage usage of, public transport and
               pedestrian networks,
               (c) to comply with any controls for Special Areas as set out in this Part.
      (2) Development within the Business and Transport Centre zone Within the Business and
      Transport Centre zone:
             (a) exempt development and development for any of the following purposes may
             be carried out without development consent:
                      home activities.
             (b) subdivision and development for any of the following purposes may be carried
             out, but only with development consent:
                      advertisements; amusement centres; backpackers' accommodation; bed
                      and breakfasts; boarding houses; brothels; business identification signs;
                      car parking; child care centres; clubs; commercial premises; community
                      facilities; demolition; educational establishments; entertainment facilities;
                      hospitals; hotels; landscaping that is not exempt development; light
                      industries; medical centres; motels; motor showrooms; multi-unit housing;
                      outdoor eating areas; places of assembly; places of public worship; public
                      buildings; public transport facilities; public utility installations (other than
                      gas holders and generating works); public works; recreation areas;
                      recreation facilities; refreshment rooms; restaurants; restricted premises;
                      roads; service stations; serviced apartments; shops; shop-top housing;
                      telecommunications facilities; vehicle rental centres; veterinary
                      establishments.
             (c) any other development is prohibited.
40D Trade and Industry Support zone
      (1) Objectives of the Trade and Industry Support zone The objectives of the Trade and
      Industry Support zone are as follows:
             (a) to provide opportunities for businesses that support the commercial and
             industrial activities of the Primary Centre,
             (b) to provide opportunities for small scale business and industrial enterprise
             development,
             (c) to integrate the Rydalmere Precinct with, and to encourage usage of, public
             transport and pedestrian networks by improving the accessibility and amenity of
             the area,
             (d) to allow for and improve public access along the waterways, where
             appropriate,
             (e) to comply with the controls for Special Areas as set out in this Part,
             (f) to ensure development protects and enhances the waterways.
      (2) Development within the Trade and Industry Support zone Within the Trade and
      Industry Support zone:
             (a) exempt development may be carried out without development consent,
             (b) subdivision and development for any of the following purposes may be carried
             out, but only with development consent:
                      advertisements; advertising structures; animal establishments; brothels;
                      business identification signs; car repair stations; commercial premises that
                      are ancillary to another permissible use on the land; demolition; depots;
                      drainage works; equipment hire centres; high technology industries;
                      hotels; industries (other than offensive, hazardous or extractive industries);
                      light industries; liquid fuel depots; outdoor eating areas linked to kiosks;
                      panel beating workshops; places of assembly; places of public worship;
                      portable recycling facilities; public buildings; public transport facilities;
                      public utility installations (other than gas holders and generating works);
                      recreation areas; recreation facilities; roads; service stations;
                      telecommunication facilities; veterinary establishments; warehouses or
                      distribution centres.
             (c) any other development is prohibited.
40E Technology and Enterprise zone
      (1) Objectives of the Technology and Enterprise zone The objectives of the Technology
      and Enterprise zone are as follows:
             (a) to encourage high technology industrial development in the Rydalmere
             Precinct, that will contribute to the economic and employment growth of the
             Primary Centre,
             (b) to encourage research and development facilities to capitalise on the existing
             knowledge base,
             (c) to foster industries that will capitalise on the Rydalmere Precinct's centrality
             and connectivity to the regional road network and public transportation corridors,
             (d) to ensure that development does not detract from the amenity enjoyed by
             residents in neighbouring localities, the commercial viability of the Parramatta
             City Centre or the efficient operation of the local or regional road system,
             (e) to ensure that development incorporates current environmental management
             best practice,
             (f) to ensure that the scale, design, materials of construction, and the nature of
             development, contribute positively to the amenity and visual quality of the
             locality,
             (g) to allow for and improve public access along the waterways, where
             appropriate,
             (h) to comply with the controls for Special Areas as set out in this Part,
             (i) to ensure that development protects and enhances the waterways.
      (2) Development within the Technology and Enterprise zone Within the Technology and
      Enterprise zone:
             (a) exempt development and development for any of the following purposes may
             be carried out without development consent:
                      maintenance works.
             (b) subdivision and development for any of the following purposes may be carried
             out, but only with development consent:
                      advertisements; advertising structures; animal establishments; brothels;
                      business identification signs; car repair stations; child care centres;
                      commercial premises (that are ancillary to another permissible use on the
                      land); demolition; depots; drainage works; equipment hire centres; high
                      technology industries; hotels; industries (other than offensive, hazardous
                      or extractive industries); kiosks; landscaping that is not exempt
                      development; light industries; liquid fuel depots; outdoor eating areas
                      linked to kiosks; panel beating workshops; places of assembly; places of
                      public worship; portable recycling facilities; public buildings; public
                      transport facilities; public utility installations (other than gas holders and
                      generating works); public works; recreation areas; recreation facilities;
                      refreshment rooms; roads; service stations; telecommunication facilities;
                      veterinary establishments; warehouses or distribution centres.
             (c) any other development is prohibited.
40F Special Uses zone
      (1) Objectives of the Special Uses zone The objectives of the Special Uses zone are as
      follows:
             (a) to facilitate certain development on land that is used by public authorities,
             institutions or organisations to provide community facilities, services or utilities,
             (b) to allow other ancillary development that is incidental to the primary use
             specified on the map,
             (c) to meet the urban design objectives set out in this Part and (where applicable)
             to comply with the controls for Special Areas as set out in this Part.
      (2) Development within the Special Uses zone Within the Special Uses zone:
              (a) exempt development and development for any of the following purposes may
              be carried out without development consent:
                       maintenance works.
              (b) subdivision and development for any of the following purposes may be carried
              out, but only with development consent:
                       business identification signs; childcare centres; demolition; development
                       that is ordinarily incidental or ancillary to the primary use on the land;
                       drainage works; landscaping that is not exempt development; public
                       works; the particular land use indicated by red lettering on the Rydalmere
                       Precinct Zoning Map.
              (c) any other development is prohibited.
40G Open Space zone
      (1) Objectives of the Open Space zone The objectives of the Open Space zone are as
      follows:
              (a) to enable development of land for the purpose of open space and recreation
              and to facilitate continued provision or enhancement of parks, community
              facilities, and support facilities, utilised by the community,
              (b) to enable other low-scale ancillary, incidental or related uses that will
              encourage the enjoyment of land zoned for open space, whilst not significantly
              restricting public access,
              (c) to encourage the retention and enhancement of open space links along the
              Parramatta River foreshore,
              (d) to facilitate or enhance the views and public access between the historic places
              in the Rydalmere Precinct,
              (e) to facilitate public access to land and buildings within the Open Space zone,
              (f) to meet the urban design objectives set out in this Part and (where applicable)
              to comply with the controls for Special Areas as set out in this Part,
              (g) to enhance the ecological sustainability of the area and to be designed so as
              not to diminish the natural values of the area.
      (2) Development within the Open Space zone Within the Open Space zone:
              (a) exempt development and development for any of the following purposes may
              be carried out without development consent:
                       bushfire hazard reduction works; ecological restoration; landscaping
                       works.
              (b) development for any of the following purposes may be carried out, but only
              with development consent:
                       amenity buildings; artworks; bicycle hire; boat hire and boat launching
                       facilities; business identification signs; child care centres; community
                       facilities; demolition; drainage works; kiosks; landscaping that is exempt
                       development; outdoor eating areas linked to kiosks within the zone or
                       restaurants in adjoining zones; pedestrian and other access ways; public
                       utility installations (other than gas holders or generating works); public
                       works; recreation areas; water based entertainment facilities.
              (c) any other development is prohibited.
      (3) Open Space reservation Land within the Open Space zone shown reserved for open
      space on the Rydalmere Precinct Zoning Map is to be acquired by the public authority
      indicated on that map on receipt of a written request from the owner of the land.
40H Environmental Protection zone
      (1) Objectives of the Environmental Protection zone The objectives of the Environmental
      Protection zone are as follows:
              (a) to conserve, manage and enhance biodiversity, rare and threatened species and
              ecological communities, remnant habitat and the ecological viability of the land,
               (b) to protect and restore environmentally sensitive remnant habitats and
               communities,
               (c) to increase the community's awareness and appreciation of remnant habitats
               and biodiversity,
               (d) to protect and restore the aesthetic, heritage, recreational, educational and
               scientific value of the bushland,
               (e) to limit regeneration in areas necessary to conserve, and assist in the
               interpretation of, significant historic views and vistas from and of heritage sites
               situated along the Parramatta River when seen from the river and nearby heritage
               sites, by avoiding regeneration or by controlling the height and density of
               vegetation,
               (f) to allow uses for scientific and educational purposes.
       (2) Development within the Environmental Protection zone Within the Environmental
       Protection zone:
               (a) development for any of the following purposes may be carried out without
               development consent:
                        bushfire hazard reduction works; maintenance works; ecological
                        restoration.
               (b) development in accordance with a plan of management adopted under the
               Local Government Act 1993 and development for any of the following purposes
               may be carried out, but only with development consent:
                        access ways for emergency vehicles; clearing; demolition; drainage works;
                        landscaping that is not exempt development; pedestrian and other access
                        ways; public utility installations (other than gas holders and generating
                        works); remediation of land; stormwater management; works related to
                        environmental investigations, incident management, fire management,
                        ancillary infrastructure, energy supply, and other works that are required
                        to meet the licensing requirements of the Protection of the Environment
                        Operations Act 1997.
               (c) any other development is prohibited.
40I Transport zone
       (1) Objectives of the Transport zone The objectives of the Transport zone are as follows:
               (a) to facilitate continued and efficient operation of road and related transport
               services and rail and related transport services,
               (b) to facilitate the future growth of the transport network,
               (c) to encourage transportation of freight by rail,
               (d) to provide support facilities for users of the public transport system.
       (2) Development within the Transport zone Within the Transport zone:
               (a) exempt development and development for any of the following purposes may
               be carried out without development consent:
                        maintenance works.
               (b) subdivision and development for any of the following purposes may be carried
               out, but only with development consent:
                        bus depots; bus stations; public transport facilities; public utility
                        undertakings (other than gas holders and generating works); railways;
                        roads; workshops.
               (c) any other development is prohibited.
Division 3 – Design and development objectives and controls
40J Public domain
       (1) Public domain objectives The public domain objectives for the Rydalmere Precinct
       are as follows:
               (a) to provide a public domain that is clean, safe, interesting, easily accessible and
              attractive for use by workers and visitors to the area,
              (b) to develop a continuous strip of vegetated foreshore land that will be made
              available for the public access where it will not diminish natural values and will
              not impact on significant historic views from or of heritage sites situated along the
              Parramatta River when seen from the river and nearby heritage sites.
      (2) Public domain provisions Before granting development consent for development
      within the Rydalmere Precinct, and before undertaking any work in the public domain in
      the Rydalmere Precinct, the consent authority must give consideration to whether:
              (a) the development contributes to the improved amenity, safety and appearance
              of the public domain, through landscaping, building set backs, attractive and
              clearly defined entrances to sites and buildings and clear and attractive signage,
              and
              (b) the foreshore is set aside for the establishment, maintenance and protection of
              the riparian ecosystem, and
              (c) the foreshore is publicly accessible, and linked to public areas, except where
              public access is precluded by land contamination, hazard or potential ecosystem
              damage, and
              (d) coordinated pedestrian and cycling networks are provided to link with the
              regional networks, and
              (e) the provision for vehicular movement is consistent with the development of a
              high quality pedestrian environment, and
              (f) undergrounding of electricity and other services lines can be facilitated along
              Victoria Road, and
              (g) the development has an adverse impact on significant or historic views from
              or of heritage sites along the Parramatta River when seen from the river and
              nearby heritage sites.
40K Transport and accessibility
      (1) Transport and accessibility objectives The transport and accessibility objectives for
      the Rydalmere Precinct are as follows:
              (a) to take advantage of the accessibility of the Rydalmere Precinct to the major
              rail and road networks,
              (b) to encourage use of public transport, cycling and walking for the journey to
              work and for recreational activities that take place in the Rydalmere Precinct,
              (c) to seek a progressive reduction in car parking provision as planned major
              public transport improvements occur,
              (d) to link cycle ways and pedestrian paths to public transport, regional cycle
              ways and paths, the University of Western Sydney and the Rydalmere Precinct's
              Business and Transport Centre,
              (e) to reduce the impact of articulated vehicles on the amenity of the Rydalmere
              Precinct in terms of road safety, traffic flow and on-site and off-site parking,
              (f) to achieve improved traffic management and circulation through Mary and
              Brodie Streets.
      (2) Transport and accessibility provisions Before granting development consent for
      development within the Rydalmere Precinct that is likely to either generate traffic or will
      change the nature of vehicle types and movements around and on the site, the consent
      authority must give consideration to whether:
              (a) a traffic management plan detailing all transport options for the development,
              including type of transport used, size of trucks, frequency, preferred routes,
              mechanisms to promote public transport for the journey to work and use of the
              freight rail line, should be prepared, and
              (b) adequate and suitable on-site receiving areas and parking for trucks and large
              vehicles have been provided, and that any queuing or off-site parking of such
              vehicles is kept to a minimum, and
              (c) kerbs, gutters, footpaths, walkways and driveways have been constructed to
              resist damage by large vehicles or frequent use, and
              (d) there is adequate provision of facilities to encourage walking and cycling to
              work, including bicycle storage lockers and showers, and
              (e) a traveller information guide and information kit has been prepared that
              provides detailed information on all public transport services, pedestrian paths,
              cycle ways and ferry timetables in the area that would be used to actively
              encourage employees to use public transport to and from the Rydalmere Precinct.
40L Height of buildings
      (1) Objectives for the control of height of buildings The objectives for the control of the
      height of buildings in the Rydalmere Precinct areas are as follows:
              (a) to ensure buildings and structures adjoining the Parramatta River contribute to
              the attractive appearance of the foreshore and do not dominate the skyline in
              views along the Parramatta River,
              (b) to ensure that buildings make a positive contribution to the streetscape and the
              skyline while meeting the requirements of industry,
              (c) to provide a strong and unified character along the major gateways into
              Parramatta,
              (d) to ensure that buildings and structures have regard to and conserve heritage
              sites, their settings, identified views and their visual interconnections,
              (e) to ensure that buildings do not significantly overshadow the public domain,
              vegetated riparian areas, or environment protection areas or adjoining properties,
              (f) to allow the most intensive development in the immediate vicinity of the
              Parramatta Railway Station.
      (2) Height controls The height of a building or structure in the Rydalmere Precinct must
      not exceed the maximum height shown on the Rydalmere Precinct Height Map.
      (3) Despite subclause (2) the height of buildings, industrial plant and other structures
      within the Trade and Industry Support zone or the Technology and Enterprise zone may
      exceed that height limit, but only if the consent authority is satisfied that:
              (a) the development satisfies all the objectives of this clause, and
              (b) the height is essential to the operational requirements of the industry or
              activity, and
              (c) if visible from the public domain, the proposed building demonstrates a high
              standard of architectural design, materials and detailing that is appropriate to the
              building use and its location.
      (4) Despite subclauses (2) and (3), any building on land zoned Open Space on the
      Rydalmere Precinct Zoning Map must not be more than a single storey high.
      (5) Any development within the Rydalmere Precinct must maintain identified views of
      the Female Orphan School (University of Western Sydney Rydalmere Campus) and its
      emergent trees, the Parramatta River corridor and the Pennant Hills open space ridge line,
      as detailed in the Parramatta Regional Planning Strategy 1999. The relevant identified views
       for the Rydalmere Precinct are Views 8 and 9A shown in appendix 2 of the Parramatta Regional Planning
       Strategy 1999.
40M Floor space ratios
      (1) Objectives for floor space ratios in the Rydalmere Precinct The objectives for floor
      space ratios in the Rydalmere Precinct are:
             (a) to provide sufficient development capacity to cater for employment growth,
             and
             (b) to fix a maximum floor space ratio that provides for adequate landscaping and
             access for vehicles into and through the site.
      (2) Maximum floor space ratios The floor space ratio of buildings on land in the
       Rydalmere Precinct is not to exceed the maximum floor space ratio shown on the
       Rydalmere Precinct Design Control Map. The achievement of any floor space ratio is
       subject to compliance with the height controls and other provisions of this Plan.
40N Site planning and landscaping
       (1) Objectives for site planning and landscaping The objectives for site planning and
       landscaping for the Rydalmere Precinct are as follows:
               (a) to ensure that development enhances the appearance of the Rydalmere
               Precinct and the settings of heritage items or areas, particularly from the
               waterways, major thoroughfares and any other public places,
               (b) to limit regeneration in areas necessary to conserve, and assist in the
               interpretation of, significant historic views and vistas from and of heritage sites
               situated along the Parramatta River when seen from the river and nearby heritage
               sites, by avoiding regeneration or by controlling the height and density of
               vegetation,
               (c) to protect and enhance the riparian ecosystem along the Parramatta River and
               its tributaries,
               (d) to improve environmental performance, particularly in terms of water
               management, pollution control, the natural environment and transport
               management,
               (e) to contribute to effective management of stormwater, increased biodiversity in
               the Rydalmere Precinct and improved energy efficiency,
               (f) to provide for the recreational use of the foreshore and the establishment of
               paths for walking and cycling where these will not diminish the natural values,
               (g) to provide quality open spaces for employees for recreational purposes.
       (2) Provisions for site planning and landscaping Before granting development consent for
       development within the Rydalmere Precinct, the consent authority must give
       consideration to whether:
               (a) the built form addresses public places, including roads, parks and waterways,
               and is enhanced with quality landscaping, and
               (b) any chain-wire fencing or solid fencing is set back from the property boundary
               and screened in front by locally native and local provenance trees and shrubs, and
               (c) the width and surface area of any driveways and other hard surfaces is
               minimised and all opportunities to increase the permeability and water retention
               of the site, including soft-surfaced car parking, are taken up, and
               (d) a landscape management plan and strategy has been developed to ensure
               continuity and attractiveness of landscaping, and
               (e) except where identified as culturally significant heritage landscape, the
               proposed landscaping consists of plants that are local to the area, especially for
               the foreshore of the Parramatta River and tributaries, and are of local provenance,
               and are to be planted in an appropriate vegetation sequence, and
               (f) open storage areas, material handling areas and car parking are located away
               from any boundaries that border on public areas, particularly the foreshore of the
               Parramatta River and its tributaries, and major transport routes, and
               (g) vegetated buffers are provided around areas of open storage or material
               handling, to soften the visual impacts and reduce dust and stormwater runoff, and
               (h) for redevelopment of a site adjacent to waterways, through site pedestrian and
               cycle links and landscaped corridors to the waterways can be achieved where
               these do not diminish natural values of the foreshore ecosystem, and
               (i) the landscape set backs along major streets and riparian vegetation along the
               rivers and creeks are in accordance with the Rydalmere Precinct Design Control
               Map, with the exception of any riparian vegetation area along the Parramatta
               River as identified on the Rydalmere Precinct Design Control Map for the
               University of Western Sydney site, which may be varied provided the master plan
               is consistent with the Conservation Management Plan for the site and the
               development achieves all the outcomes specified for the University Special Area,
               and
               (j) development does not have an adverse impact on significant or historic views
               from or of heritage sites along the Parramatta River when seen from the river and
               nearby historic sites.
40O Building design
       (1) Objectives for building design The objectives for building design for the Rydalmere
       Precinct are as follows:
               (a) to ensure that development responds to best practice ecologically sustainable
               development principles in its design, construction and operation,
               (b) to ensure that development contributes to the appearance and amenity of
               public places, including the waterways, major roads and public places.
       (2) Provisions for building design Before granting development consent for development
       within the Rydalmere Precinct, the consent authority must give consideration to whether:
               (a) the major facade and entries of buildings address major public places,
               including roads, parks and waterways, and
               (b) the development has regard to adjoining building works and transition of
               height, massing and scale, and
               (c) building set backs, design, materials, glazing and colours minimise the visual
               impact of the development, particularly if it is visible from roads and the
               Parramatta River, and
               (d) buildings on sites adjacent to the Parramatta River and its tributaries are set
               back in accordance with any foreshore building line, and
               (e) the design of buildings has regard to the existing heritage character of a place,
               where applicable, and
               (f) building bulk created by large unbroken expanses of wall is reduced by
               articulation and modulation, particularly where facing a public place such as a
               street, a park or the Parramatta River, and
               (g) all available options for natural lighting, heat and ventilation, including energy
               efficient building design and solar powered water heating, have been investigated,
               and
               (h) construction materials are of an ecologically sustainable nature, and
               (i) buildings do not overshadow environmental protection areas or riparian
               vegetation areas, and
               (j) lighting does not have negative impacts on the natural values, and
               (k) building roofs and overrun structures are dark and have matt colours so as to
               be recessive.
Division 4 – Special Areas
40P Special Areas
       (1) The Special Areas are identified on the Rydalmere Precinct Special Areas Map.
       (2) They are:
               (a) the River Special Area, and
               (b) the Victoria Road Special Area, and
               (c) the University Special Area, and
               (d) the Rydalmere Station and Environs Special Area.
40Q Objectives of controls for Special Areas
The objectives of the controls for Special Areas in the Rydalmere Precinct are as follows:

       (a) to ensure development is compatible with the particular character and significance of
       each Special Area,
      (b) to reinforce the specific attributes and qualities of each of the Special Areas,
      (c) to enhance and re-establish the Parramatta River as a major natural asset to
      Parramatta,
      (d) to enhance Victoria Road and James Ruse Drive as important gateways to Parramatta,
      (e) to give guidance for the preparation of master plans where required,
      (f) to conserve and, where possible, enhance identified views.
40R The River Special Area
      (1) Character statement The Parramatta River system will be enhanced as the major
      natural asset of the area and is to be characterised by a healthy river and foreshore. Where
      appropriate, public pedestrian access and linkages between the hinterland and the river
      and recreation opportunities are to be pursued and implemented while protecting the
      riparian vegetation with appropriate set backs. Properties adjoining the foreshore will
      address the aquatic gateway to Parramatta, with attractive and interesting buildings and
      appropriate set backs from the river. Opportunities for improving access to water based
      transport will be pursued to better serve the Rydalmere and Camellia Precincts. The less
      visually attractive elements of industrial development will be screened by appropriate
      landscaping.The Rydalmere and Camellia Precincts will have improved connectivity for
      pedestrians across the Parramatta River from the Clyde-Carlingford Rail Bridge and the
      Thackeray Street Bridge.
      (2) Consideration Before granting development consent for development within the River
      Special Area, or before undertaking works within the River Special Area, the consent
      authority must consider whether the development is consistent with any master plan
      required for the land under State Environmental Planning Policy No 56--Sydney Harbour
      Foreshores and Tributaries, and must be satisfied that:
               (a) all reasonable opportunities to establish foreshore public land are taken up,
               and
               (b) development meets the requirements of Sydney Regional Environmental Plan
               No 22--Parramatta River, and
               (c) the development retains and enhances public pedestrian access and open space
               links between the foreshores of the Parramatta River, Subiaco Creek, Vineyard
               Creek or with other nearby open space areas, and
               (d) buildings adjacent to the Parramatta River address the river with high quality
               facades and entrances, and
               (e) the scale of buildings along the Parramatta River will not dominate the
               topographical features of the river landscape, and
               (f) the development maintains and re-establishes riparian vegetation in accordance
               with the requirements of the Rydalmere Precinct Design Control Map and
               building set backs along the Parramatta River, but only if this does not have an
               impact on significant or historic views from or of heritage sites situated along the
               Parramatta River when seen from the river and nearby heritage sites, and
               (g) the development improves the foreshore landscape, so that local native
               vegetation and natural geomorphology are preserved, restored and extended and
               in accordance with any government-adopted catchment strategies, and
               (h) the continuity and integrity of existing mangrove stands, salt marshes and
               other marine vegetation as shown on Rydalmere Precinct Design Control Map as
               "Riparian Vegetation" are to be maintained and enhanced where appropriate, and
               (i) where required by State Environmental Planning Policy No 55--Remediation
               of Land, the development remediates land contamination and removes any wastes
               from the foreshore zone so that the area is rendered suitable for public access
               (where natural values will not be diminished) and harm to the Parramatta River
               environment is addressed and minimised, and
               (j) development improves the settings of the important historic places and views
              along the Parramatta River and facilitates their interpretation, and
              (k) development does not have an adverse impact on significant or historic views
              from or of heritage sites situated long the Parramatta River when seen from the
              river and nearby heritage sites, and
              (l) development will result in a neutral or beneficial effect on the water quality of
              the Parramatta River and will not disturb contaminated river sediments in a way
              that creates risk of water pollution, and
              (m) any expansion of water based transport will not adversely affect the banks of
              vegetation of the Parramatta River foreshore, and
              (n) development will result in improved visual connections to the Parramatta
              River, and
              (o) when public pedestrian access is not appropriate for reasons such as
              contamination and safety issues, the development provides for appropriate
              vegetation in accordance with the Rydalmere Precinct Design Control Map, and
              (p) the development minimises reclamation and dredging.
40S The Victoria Road Special Area
      (1) Character Statement Victoria Road will continue to be a significant gateway to
      Parramatta. The amenity and appearance of the area will be enhanced by high quality
      buildings, landscaping and public domain improvements. The high exposure offered by
      the location will strengthen the employment area. The area will focus on innovative and
      emerging technologies for production.The road will cater for access by public transport
      and significant freight and private transport movements.
      (2) Consideration Before granting development consent for development within the
      Victoria Road Special Area, the consent authority must be satisfied that:
              (a) a high quality frontage with landscaping, and buildings with high quality
              finishes, are provided where visible from the street, and
              (b) signage has a high standard and provides clear information as to the use of the
              land, the street address and clearly marked entrance and exit ways and is of a
              scale and nature sympathetic to the building form, and
              (c) where a property adjoins a natural waterway, the land is revegetated with
              locally native flora where possible and any area adjacent to the foreshore is
              maintained so as to limit run-off and such areas are considered for outdoor
              recreation or lunch areas, and
              (d) the landscape set backs shown on the Rydalmere Precinct Design Control
              Map are met, and
              (e) the landscaped area will be generally free from car parking.
40T The University Special Area
      (1) Character Statement The University, comprising an area of historical significance set
      by the Parramatta River, will continue to be developed as a key centre of learning for
      Western Sydney. Heritage buildings and their settings will be preserved and adaptively
      reused as modern educational facilities. New development will ensure that glimpses of
      the heritage buildings from Victoria Road and James Ruse Drive will be maintained. The
      completion of the Chatswood to Parramatta Rail Link will provide excellent public
      transport for students, workers and visitors. Where appropriate, public pedestrian access
      and cycleway linkages along the river and between hinterland and the river, and
      recreation opportunities, will be pursued and implemented while protecting the riparian
      vegetation with appropriate set backs along the Parramatta River. Opportunities for
      improving access to water based transport will be pursued. The bushland east of the
      railway line will be retained. The Parramatta River and Vineyard Creek foreshores will
      generally be enhanced with vegetation locally native to the area through bush
      regeneration, except where exotic species have been identified for retention through a
      conservation management plan, while conserving significant and historic views from and
      to heritage items situated along the Parramatta River.
      (2) Consideration Before granting development consent for development within the
      University Special Area, the consent authority must consider whether the development is
      consistent with any master plan required for the area that addresses the principles in State
      Environmental Planning Policy No 56--Sydney Harbour Foreshores and Tributaries and
      must be satisfied that:
              (a) the development conserves and enhances items of heritage significance
              consistent with a Conservation Management Plan for the area, and
              (b) the development respects, conserves and responds to key views identified in
              that Plan, and
              (c) the development protects and enhances cultural plantings and native bushland
              and other natural features along the foreshore, and
              (d) the development provides for public access along the foreshore, and
              (e) the development facilitates the use of public transport and access for
              pedestrians and cyclists to the site and, where appropriate, through the site, and
              (f) the scale and character of the development recognises and complements the
              unique visual qualities of the site, and
              (g) the development is integrated with the public transport network, including the
              upgraded Rydalmere Railway Station, and
              (h) the siting and design of the development minimises adverse effects from
              adjoining land uses, including noise from James Ruse Drive, and
              (i) the development enhances the key approach routes to Parramatta, being James
              Ruse Drive, Victoria Road, the rail line and Parramatta River.
40U The Rydalmere Station and Environs Special Area
      (1) Character Statement The Parramatta Rail Link and the upgraded Rydalmere Railway
      Station will be a catalyst for redevelopment. The area centred on the station will be
      attractively developed for a mix of commercial and transport related activities. Brodie
      Street, on the edge of the station precinct, will comprise upgraded retail activities,
      shop-top offices and housing. The station will be redeveloped to achieve integration with
      the surrounding land use. The area extending to Subiaco Creek will support a wide range
      of business services and enterprises. Parking and traffic problems in the area will be
      reduced. The natural amenity of the Vineyard and Subiaco Creek foreshores will be
      enhanced with vegetation locally native to the area through bush regeneration. Improved
      pedestrian and cycle links will be part of the revitalisation of the area.
      (2) Consideration Before granting development consent for redevelopment within the
      Rydalmere Station and Environs Special Area that, in the opinion of the consent
      authority, is major in nature, the consent authority must give consideration to any master
      plan required for the area and must be satisfied that:
              (a) the development within the Rydalmere Station environs achieves a high
              quality of design and contributes to diversity of retail, commercial, leisure and
              residential activities and enhances the vitality and amenity of the area, and
              (b) the development minimises the need for vehicle parking and reduces impact
              on the street system, and
              (c) the development encourages access to and within the area by public transport,
              pedestrians and cyclists (possibly by allowing mid-block access), and
              (d) the development complies with the landscape set backs and enhances the
              natural landscape and ecological features of the foreshores of Vineyard and
              Subiaco Creeks, and
              (e) the development achieves an amalgamation of lots and realises the potential to
              achieve a high intensity of, and better form of, development, and
              (f) the development avoids establishing uses that would attract heavy vehicles to
              service sites within the area, and
                (g) a new road linking Muriel Avenue and Bridge Street and Mary Parade is in
                place to improve traffic circulation in the area or that the development will not
                generate further traffic congestion.
Division 5 – Office development
40V Office development in Rydalmere Precinct
The consent authority must not consent to development for the purpose of commercial premises
or an office on land within the Technology and Enterprise zone or the Trade and Industry
Support zone unless the use of the commercial premises or office is an integral part of, and
ancillary to, the use of the site for a purpose that is permissible in the zone.

Part 8 – Precinct 6--Camellia Precinct
Division 1 – Aims of Part 8
41 Planning aims for the Camellia Precinct
       (1) The aims of this Part are as follows:
              (a) to protect and support the integrity of the Camellia Precinct as one of Sydney's
              significant industrial hubs,
              (b) to maintain and improve existing access to major public transport links outside
              the area,
              (c) to promote industrial development in the Camellia Precinct that demonstrates
              innovation and environmental management best practice,
              (d) to maintain long-term opportunities for future investment in eco-industrial
              development in the Camellia Precinct,
              (e) to promote the development of mutually supportive relationships between
              industries including processes, practices, products, energy use and waste,
              (f) to ensure that development along the foreshore is of a scale and character in
              keeping with its foreshore location and that the unique visual and ecological
              qualities of the waterways and foreshore are protected and enhanced,
              (g) to seek opportunities to provide public access to the foreshore at appropriate
              locations and improve the connectivity of the foreshore open space network,
              (h) to maintain existing racecourse uses and facilitate expansion of the existing
              racecourse and other uses that are ancillary or associated with the racing industry
              in the Camellia Precinct,
              (i) to develop a mixed use centre of retail, commercial, transport and community
              services at the railway station node serving the Camellia Precinct,
              (j) to encourage industry that can capitalise on the Camellia Precinct's
              accessibility, particularly the use of the rail freight line,
              (k) to achieve environmental management best practice that protects and promotes
              the natural assets of Camellia,
              (l) to improve environmental performance that minimises energy and resource use
              as well as off-site air quality, noise, odour, dust, water, soil and contamination
              impacts,
              (m) to protect and enhance local and regional biodiversity, particularly
              maximising the extent and integrity of aquatic and natural land areas along the
              Parramatta River, Duck River, Duck Creek and A'Becketts Creek corridors.
       (2) The consent authority must consider these objectives when assessing any application
       for development within the Camellia Precinct.
Division 2 – Zoning
41A Land use zones and explanation
The following land use zones for land within the Camellia Precinct are shown on the Camellia
Precinct Zoning Map:
      (a) Business and Transport Centre--a zone that provides retail, commercial, transport,
      community and support services for industry and the travelling public,
      (b) Regional Enterprise--a zone suitable for a variety of industrial and heavy industrial
      activities serving the Greater Metropolitan Area of Sydney and beyond,
      (c) James Ruse Drive Mixed Use--a zone that applies to land adjacent to James Ruse
      Drive identified for serviced apartments, motels, institutional and commercial uses
      related to the activities of the Camellia Precinct,
      (d) Racecourse--a zone that applies to Rosehill Racecourse and allows a wide range of
      leisure and function facilities,
      (e) Open Space--a zone that applies to land identified for public open space and
      community facilities,
      (f) Private Open Space--a zone that applies to land identified for private open space and
      community facilities,
      (g) Environmental Protection--a zone that applies to land on the foreshore of waterways
      that is to be protected because of its current or potential high environmental values,
      (h) Transport--a zone that applies to existing and future uses related to road and rail
      transport and access, including passenger and freight movement,
      (i) Parramatta Road Industrial--a zone that applies to land suitable for a variety of
      industrial activities, bulky goods retailing and industrial service functions based on the
      area's proximity to the regional road network.
41B Business and Transport Centre zone
      (1) Objectives of the Business and Transport Centre zone The objectives of the Business
      and Transport Centre zone are as follows:
               (a) to provide opportunities for retail, commercial, institutional, transport and
               community services development that will support the employment function of
               the Camellia Precinct,
               (b) to integrate the Primary Centre with public transport and pedestrian networks,
               (c) to meet the needs of travellers using public transport,
               (d) to ensure that new development does not detract from the character, amenity
               and visual quality of Harris Park residential development or impact on identified
               views between Elizabeth Farm and the Female Orphan School and its historic tree
               plantings, the Parramatta River Corridor and the Pennant Hills open space ridge
               line,
               (e) to comply with any controls for Special Areas as set out in this Part,
               (f) to provide for a mix of business-related visitors accommodation, leisure and
               institutional activities that will enhance James Ruse Drive as an important
               gateway to Parramatta,
               (g) to recognise and respond to the constraints imposed by the narrow strip of land
               between James Ruse Drive and the freight rail line,
               (h) to ensure that development does not compromise industrial development in the
               Camellia Precinct or detract from the efficient operation of the regional road
               system.
      (2) Development within the Business and Transport Centre zone Within the Business and
      Transport Centre zone:
               (a) exempt development and development for any of the following purposes may
               be carried out without development consent:
                        maintenance works.
               (b) subdivision and development for any of the following purposes may be carried
               out, but only with development consent:
                        advertisements (other than an advertisement on a site that contains a
                        heritage item); amusement centres; back packer's accommodation;
                        brothels; business identification signs; car rental centres; child care
                      centres; clubs; commercial premises with above ground floor retail;
                      community facilities; demolition; drainage works; educational
                      establishments; entertainment facilities; hospitals; hotels; landscaping that
                      is not exempt development; markets; medical centres; motels; places of
                      assembly; places of public worship; public buildings; public transport
                      facilities; public utility installations (other than gas holders and generating
                      works); public works; recreation areas; recreation facilities; refreshment
                      rooms; restaurants; restricted premises; roads; service stations; serviced
                      apartments; shops; telecommunications facilities; vehicle rental centres;
                      veterinary establishments.
             (c) any other development is prohibited.
41C Regional Enterprise zone
      (1) Objectives of the Regional Enterprise zone The objectives of the Regional Enterprise
      zone are as follows:
             (a) to achieve a prosperous and efficient regional eco-industrial estate that
             continues to capitalise on Camellia's strategic location and accessibility,
             (b) to allow a wide range of industrial and heavy industrial uses in Camellia
             serving the Greater Metropolitan Area of Sydney and beyond,
             (c) to ensure that development is carried out in a manner that does not detract
             from the amenity enjoyed by residents in neighbouring localities, the conservation
             of identified views, the commercial viability of the Parramatta City Centre or the
             efficient operation of the road system,
             (d) to ensure that development applies current environmental management best
             practice,
             (e) to maintain long-term opportunities for the future investment in development
             of Camellia as an eco-industrial precinct,
             (f) to ensure that the scale, design and materials of construction, and the nature of
             development, contribute positively to the visual quality of the locality,
             (g) to allow for and improve public access along the waterways, where natural
             values will not be diminished,
             (h) in the case of contaminated land that is currently not suitable for public access,
             to ensure that opportunities are not lost for future potential foreshore access,
             (i) to comply with the controls for Special Areas as set out in this Part.
      (2) Development within the Regional Enterprise zone Within the Regional Enterprise
      zone:
             (a) exempt development and development for any of the following purposes may
             be carried out without development consent:
                      maintenance works.
             (b) subdivision and development for any of the following purposes may be carried
             out, but only with development consent:
                      advertisements (other than an advertisement on a site that contains a
                      heritage item); brothels; business identification signs; car repair stations;
                      child care centres; commercial premises that are ancillary to another
                      permissible use on the land; commercial signs; demolition; depots;
                      drainage; equipment hire centres; industries; kiosks; landscaping that is
                      not exempt development; light industries; material recycling depots; motor
                      showrooms; outdoor eating areas linked to kiosks; places of public
                      worship; public buildings; public utility installations (other than gas
                      holders and generating works); recreation areas; recreation facilities;
                      resource recovery facilities; restricted premises; road transport terminals;
                      roads; service stations; telecommunication facilities; vehicle rental
                      centres; warehouses or distribution centres; waste facilities; waste
                      processing facilities.
             (c) any other development is prohibited.
41D James Ruse Drive Mixed Use zone
      (1) Objectives of the James Ruse Drive Mixed Use zone The objectives of the James
      Ruse Drive Mixed Use zone are as follows:
             (a) to provide for a mix of business-related visitors' accommodation, leisure and
             institutional activities that will enhance James Ruse Drive as an important
             gateway to Parramatta,
             (b) to recognise and respond to the constraints imposed by the narrow strip of land
             between James Ruse Drive and the freight rail line,
             (c) to ensure that development does not compromise industrial development in the
             Camellia Precinct or detract from the efficient operation of the regional road
             system,
             (d) to ensure that new development does not detract from the character, amenity
             and visual quality of Harris Park residential development or impact on identified
             views between Elizabeth Farm and the Female Orphan School and its historic tree
             plantings, the Parramatta River corridor and the Pennant Hills open space ridge
             line,
             (e) to comply with the controls for Special Areas as set out in this Part.
      (2) Development within the James Ruse Drive Mixed Use zone Within the James Ruse
      Drive Mixed Use zone:
             (a) exempt development may be carried out without development consent,
             (b) subdivision and development for the purpose of the following may be carried
             out, but only with development consent:
                      clubs; commercial development associated with the racecourse or
                      industrial uses in the Camellia Precinct; convention centres; drainage
                      works; hotels; institutional uses; landscaping; motels; places of public
                      worship; professional office suites; public buildings; serviced apartments.
             (c) any other development is prohibited.
41E Racecourse zone
      (1) Objectives of the Racecourse zone The objectives of the Racecourse zone are as
      follows:
             (a) to enable the racecourse at Rosehill Gardens to continue to be used for horse
             racing events,
             (b) to provide for a mix of business-related visitors' accommodation, leisure and
             institutional activities that will enhance James Ruse Drive as an important
             gateway to Parramatta,
             (c) to recognise and respond to the constraints imposed by the narrow strip of land
             between James Ruse Drive and the freight rail line,
             (d) to ensure that development does not compromise industrial development in the
             Camellia Precinct,
             (e) to allow Rosehill Gardens to be used for a wide range of function and leisure
             activities and services supporting the racing industry,
             (f) to ensure that new development does not detract from the character and visual
             quality of surrounding residential development or of nearby historic places,
             including Elizabeth Farm, or from the amenity enjoyed by nearby residents,
             (g) to ensure that development does not detract from the efficient operation of the
             road system,
             (h) to meet the urban design objectives set out in this Part and (where applicable)
             to comply with the controls for Special Areas as set out in this Part.
      (2) Development within the Racecourse zone Within the Racecourse zone:
             (a) exempt development and development for any of the following purposes may
             be carried out without development consent:
                      maintenance works.
             (b) subdivision and development for any of the following purposes may be carried
             out, but only with development consent:
                      advertisements; business identification signs; clubs; community facilities;
                      conference facilities; convention centres; demolition; development that is
                      ordinarily incidental or ancillary to a racecourse; drainage works;
                      entertainment facilities; exhibition facilities; landscaping that is not
                      exempt development; outdoor eating areas; markets; public utility
                      installations (other than gas holders or generating works); recreation areas;
                      recreation facilities; refreshment rooms; restaurants; roads; tourist
                      facilities.
             (c) any other development is prohibited.
41F Open Space zone
      (1) Objectives of the Open Space zone The objectives of the Open Space zone are as
      follows:
             (a) to enable development of land for the purpose of open space and recreation
             and to facilitate the continued provision or enhancement of parks, community
             facilities, and support facilities, utilised by the community,
             (b) to enable other low-scale ancillary, incidental or related uses that will
             encourage the enjoyment of land zoned for open space, whilst not significantly
             restricting public access,
             (c) to encourage the retention and enhancement of open space along the
             Parramatta River foreshore,
             (d) to protect, facilitate and enhance the identified views, as well as protecting
             views and public access between the historic places in the Camellia Precinct,
             (e) to meet the urban design objectives set out in this Part and (where applicable)
             to comply with the controls for Special Areas as set out in this Part,
             (f) to facilitate public access to land and buildings within the Open Space zone,
             (g) to enhance the ecological sustainability and natural values of the area.
      (2) Development within the Open Space zone Within the Open Space zone:
             (a) exempt development and development for any of the following purposes may
             be carried out without development consent:
                      bushfire hazard reduction works; ecological restoration; maintenance
                      works.
             (b) subdivision and development for any of the following purposes may be carried
             out, but only with development consent:
                      amenity buildings; artworks; bicycle hire; boat hire and boat launching
                      facilities; business identification signs; child care centres; community
                      facilities; demolition; drainage works; identifying or interpretive signage
                      ancillary to another use allowed on the site; kiosks; landscaping that is not
                      exempt development; outdoor eating areas linked to kiosks within the zone
                      or restaurants in adjoining zones; public utility installations (other than gas
                      holders or generating works); public works; recreation areas; water based
                      entertainment facilities.
             (c) any other development is prohibited.
41G Private Open Space zone
      (1) Objectives of the Private Open Space zone The objectives of the Private Open Space
      zone are as follows:
             (a) to enable the development of private land for the purpose of recreation and for
             other ancillary, incidental or related uses that will encourage the provision of
             community facilities,
              (b) to ensure that new building forms are in scale and character with surrounding
              development and do not detract from the amenity enjoyed by nearby residents or
              the existing quality of the surrounding environment,
              (c) to meet the urban design objectives set out in this Part, and (where applicable)
              to comply with the controls for Special Areas as set out in this Part,
              (d) to enhance the ecological functionality and connectivity of the area.
      (2) Development within the Private Open Space zone Within the Private Open Space
      zone:
              (a) exempt development and development for any of the following purposes may
              be carried out without development consent:
                       bushfire hazard reduction works; ecological restoration; landscaping;
                       maintenance works.
              (b) subdivision and development for any of the following purposes may be carried
              out, but only with development consent:
                       business identification signs; child care centres; clubs; community
                       facilities; drainage works; entertainment facilities; kiosks; outdoor eating
                       areas; pedestrian and other access; public utility undertakings (other than
                       gas holders or generating works); recreation areas; recreation facilities;
                       refreshment rooms; roads; sea walls.
              (c) any other development is prohibited.
41H Environmental Protection zone
      (1) Objectives of the Environmental Protection zone The objectives of the Environmental
      Protection zone are as follows:
              (a) to conserve, manage and enhance biodiversity, vulnerable and threatened
              species and ecological communities, remnant habitat and the ecological viability
              of the land,
              (b) to protect and restore environmentally sensitive remnant habitats and
              communities,
              (c) to increase the community's awareness and appreciation of remnant habitats
              and biodiversity,
              (d) to protect and restore the aesthetic, heritage, recreational, educational and
              scientific value of the bushland,
              (e) to allow uses for scientific and educational purposes.
      (2) Development within the Environmental Protection zone Within the Environmental
      Protection zone:
              (a) development for any of the following purposes may be carried out without
              development consent:
                       bushfire hazard reduction works; ecological restoration; maintenance
                       works.
              (b) subdivision, development in accordance with a plan of management adopted
              under the Local Government Act 1993 and development for any of the following
              purposes may be carried out, but only with development consent:
                       access ways for emergency vehicles; clearing; demolition; drainage works;
                       essential activities necessitated by the operational requirements of the
                       industry or activity on land adjacent to the zone; landscaping that is not
                       exempt development; pedestrian and other access ways; public utility
                       undertakings (other than gas holders and generating works); remediation
                       of land; sea walls; works related to environmental investigations, incident
                       management, fire management, hazard management, ancillary
                       infrastructure, energy supply, and other works, that are required to meet
                       the licensing requirement of the Protection of the Environment Operations
                       Act 1997.
               (c) any other development is prohibited.
41I Transport zone
       (1) Objectives of the Transport zone The objectives of the Transport zone are as follows:
               (a) to facilitate continued and efficient operation and management of road and
               related transport services and rail and related transport services,
               (b) to facilitate the future growth of the transport network,
               (c) to encourage transportation of freight by rail,
               (d) to provide support facilities for users of the public transport system.
       (2) Development within the Transport zone Within the Transport zone:
               (a) exempt development and development for the purpose of the following may be
               carried out without development consent:
                        maintenance works.
               (b) subdivision and development for any of the following purposes may be carried
               out, but only with development consent:
                        advertisements (other than an advertisement on a site that contains a
                        heritage item); bus depots; bus stations; business identification signs;
                        drainage works; public transport facilities; public utility undertakings
                        (other than gas holders and generating works); railways; roads;
                        workshops.
               (c) any other development is prohibited.
41J Parramatta Road Industrial zone
       (1) Objectives of the Parramatta Road Industrial zone The objectives of the Parramatta
       Road Industrial zone are as follows:
               (a) to foster industries and industrial service functions that will capitalise on
               connectivity to the regional road network and public transportation corridors,
               (b) to recognise the area's transitional role in relation to adjoining bulky goods
               retail development,
               (c) to ensure development does not detract from the efficient operation of the
               local or regional road system,
               (d) to ensure that the scale, design, materials of construction and nature of
               development contribute positively to the amenity and visual quality of the
               locality,
               (e) to ensure that development incorporates environmental management best
               practice.
       (2) Development within the Parramatta Road Industrial zone Within the Parramatta Road
       Industrial zone:
               (a) exempt development and development for any of the following purposes may
               be carried out without development consent:
                        maintenance works.
               (b) subdivision and development for the following may be carried out, but only
               with development consent:
                        advertisements (other than an advertisement on a site that contains a
                        heritage item); animal establishments; brothels; bulky goods retailing as
                        specified in Schedule 9; business identification signs; car repair stations;
                        commercial premises that are ancillary to another permissible use on the
                        land; demolition; depots; drainage works; equipment hire centres; high
                        technology industries; hotels; industries (other than offensive, hazardous
                        or extractive industries); kiosks; landscaping that is not exempt
                        development; light industries; liquid fuel depots; local shops; outdoor
                        eating areas linked to kiosks; panel beating workshops; places of
                        assembly; places of public worship; portable recycling facilities; public
                        buildings; public transport facilities; public utility undertakings (other than
                        gas holders and generating works); public works; recreation areas;
                        recreation facilities; roads; service stations; telecommunication facilities;
                        veterinary establishments; warehouses or distribution centres.
               (c) any other development is prohibited.
Division 3 – Design and development objectives and controls
41K Public domain
       (1) Public domain objectives The public domain objectives for the Camellia Precinct are
       as follows:
               (a) to provide a public domain that is clean, safe, interesting, easily accessible and
               attractive for use by workers and visitors to the area,
               (b) to develop a continuous strip of vegetated foreshore land that will be made
               available for safe public access and where natural values will not be diminished.
       (2) Public domain provisions Before granting development consent for development
       within the public domain of the Camellia Precinct, or before undertaking any work in that
       public domain, the consent authority must give consideration to whether:
               (a) the development contributes to the improved amenity, safety and appearance
               of the public domain through landscaping, building set backs, attractive and
               clearly defined entrances to sites and buildings and clear and attractive signage,
               and
               (b) the foreshore is set aside for the establishment, maintenance and protection of
               the riparian ecosystem, and
               (c) the foreshore is publicly accessible and linked to other public areas, except
               where public access is precluded by land contamination or hazard or where there
               is potential to damage the ecosystem, and
               (d) co-ordinated pedestrian and cycling networks are provided to link with the
               regional networks, and
               (e) the provision for vehicular movement is consistent with the development of a
               high-quality pedestrian environment.
41L Transport and accessibility
       (1) Transport and accessibility objectives The transport and accessibility objectives for
       the Camellia Precinct are as follows:
               (a) to take advantage of the accessibility of the Camellia Precinct to major rail and
               road networks,
               (b) to encourage use of public transport, cycling and walking for the journey to
               work and for recreational activities that take place in the Camellia Precinct,
               (c) to seek a progressive reduction to car parking provision as planned major
               public transport improvements occur,
               (d) to link cycle ways and pedestrian paths to public transport, regional cycle
               ways and paths,
               (e) to reduce the impact of articulated vehicles on the amenity of the Camellia
               Precinct in terms of road safety, traffic flow, and on-site and off-site parking.
       (2) Transport and accessibility provisions Before granting development consent for
       development within the Camellia Precinct that is likely to either generate traffic or will
       change the nature of vehicle types and movements around and on the site, the consent
       authority must give consideration to:
               (a) a traffic management plan detailing all transport options for the development,
               including type of transport used, size of trucks, frequency, preferred routes,
               mechanisms to promote public transport for the journey to work and use of the
               freight rail line, and
               (b) whether adequate and suitable on-site receiving areas and parking for trucks
               and heavy vehicles have been provided, and that any queuing or off-site parking
               of such vehicles is kept to a minimum, and
              (c) whether kerbs, gutters, footpaths, walkways and driveways have been
              constructed to resist damage by large vehicles or frequent use, and
              (d) whether there is adequate provision of facilities to encourage walking and
              cycling to work, including bicycle storage facilities, lockers and showers, and
              (e) whether a condition should be imposed on development consent requiring that
              a Traveller Information Guide and Information Kit should be prepared that
              provides detailed information on all public transport services, pedestrian paths,
              cycle ways and ferry timetables in the area that would be used to actively
              encourage employees to use public transport to and from the Camellia Precinct.
41M Height of buildings
     (1) Objectives for the control of height of buildings The objectives for the control of the
     height of buildings in the Camellia Precinct are as follows:
              (a) to ensure buildings and structures adjoining the Parramatta River contribute to
              the attractive appearance of the foreshore and do not dominate the skyline in
              views along the Parramatta River,
              (b) to ensure that buildings make a positive contribution to the streetscape and the
              skyline while meeting the requirements of industry,
              (c) to provide a strong and unified character along the major gateways into
              Parramatta,
              (d) to ensure that buildings and structures are erected in a way that has regard to
              and conserves heritage sites, their settings, identified views and their visual
              interconnections,
              (e) to ensure that buildings do not significantly overshadow the public domain,
              vegetated riparian areas, or environmental protection areas or adjoining
              properties,
              (f) to allow the most intensive development in the immediate vicinity of the
              Railway Station.
     (2) Determination of height controls The height in the areas shown outlined in red and
     indicated by an "M" on the Camellia Precinct Height Map is to be determined by a
     master plan. The master plan must demonstrate through survey and photo montages that
     the proposed height does not have a significant adverse impact on identified views.
     (3) Height controls The height of a building or structure in the Camellia Precinct must not
     exceed the maximum height shown on the Rydalmere Precinct Height Map.
     (4) Despite subclause (3) the height of a building, industrial plant and other structure
     within the Regional Enterprises zone, the James Ruse Drive Mixed Use zone, the
     Parramatta Road Industrial zone or the Racecourse zone, which are outside the area
     shown hatched on the Camellia Precinct Height Map, may exceed that height limit, but
     only if the consent authority is satisfied that:
              (a) the development satisfies all the objectives of this clause, and
              (b) the height is essential to the operational requirements of the industry or
              activity, and
              (c) if visible from the public domain, the proposed building demonstrates a high
              standard of architectural design, materials and detailing that is appropriate to the
              building use and its location.
     (5) Any development within the Camellia Precinct may only achieve the maximum
     height in the area shown hatched on the Camellia Precinct Height Map if it can be
     demonstrated through survey and photo montages, that the height of the proposed
     development does not have a significant adverse impact on identified views to the Female
     Orphan School (University of Western Sydney Rydalmere Campus) and its emergent
     trees, the Parramatta River Corridor and Pennant Hills open space ridge line as detailed in
     the Parramatta Regional Planning Strategy. The relevant identified views for the Camellia Precinct
       are Views 8 and 9A shown in appendix 2 of the Parramatta Regional Planning Strategy 1999.
41N Floor space ratios
      (1) Objectives for floor space ratios in the Camellia Precinct area The objectives for floor
      space ratios in the Camellia Precinct area are as follows:
              (a) to provide sufficient development capacity to cater for employment growth,
              (b) to fix a maximum floor space ratio that provides for adequate landscaping and
              access for vehicles into and through the site.
      (2) Maximum floor space ratios The floor space ratio of buildings on land in the Camellia
      Precinct must not exceed the maximum floor space ratio shown on the Camellia Precinct
      Design Control Map. The achievement of any floor space ratio is subject to compliance
      with the height controls and other provisions of this Plan.
      (3) Despite subclause (2), a site that has an existing built maximum floor space ratio
      shown on the Camellia Precinct Design Control Map may be redeveloped to the existing
      maximum built floor space, but only if the consent authority is satisfied that:
              (a) the proposed development satisfies all the objectives of this clause,
              particularly with respect to landscaping and height, and
              (b) the proposed redevelopment is not claiming existing use rights, and
              (c) existing floor space calculations of each level of the building are prepared by
              an appropriately qualified and accredited specialist, and those calculations:
                       (i) were prepared in accordance with the definitions of "floor space area"
                       and "floor space ratio" in Schedule 1, and
                       (ii) clearly demonstrate that the floor space is above the maximum floor
                       space ratio control on the map, and
                       (iii) are submitted to the consent authority.
41O Site design and landscaping
      (1) Objectives for site design and landscaping The objectives for site design and
      landscaping in the Camellia Precinct are as follows:
              (a) to ensure that development enhances the appearance of the Camellia Precinct
              and the settings of heritage items or areas, particularly from the waterways, major
              thoroughfares and any other public places,
              (b) to protect and enhance the riparian ecosystem along the Parramatta River and
              its tributaries,
              (c) to improve environmental performance, particularly in terms of water
              management, pollution control, the natural environment and transport
              management,
              (d) to contribute to effective management of stormwater, increased biodiversity in
              the Camellia Precinct and improved energy efficiency,
              (e) to provide for the recreational use of the foreshore and the establishment of
              paths for walking and cycling where this will not diminish natural values,
              (f) to provide quality open spaces for employees for recreational purposes.
      (2) Provisions for site design and landscaping Before granting development consent for
      development within the Camellia Precinct, the consent authority must give consideration
      to whether:
              (a) the built form addresses public places, including roads, parks and waterways,
              and is enhanced with quality landscaping, and
              (b) chain-wire fencing or solid fencing is set back from the property boundary and
              screened in front by locally native and provenance trees and shrubs, and
              (c) the width and surface area of driveways and other hard surfaces is minimised
              and all opportunities to increase the permeability and water retention of the site,
              including soft-surfaced car parking, are taken up, and
              (d) a landscape management strategy has been developed to ensure continuity and
              attractiveness of landscaping, and
              (e) except where identified as culturally significant heritage landscape, the
               proposed landscaping consists of plants local to the area, especially for the
               foreshore of Parramatta River and tributaries, and plants of local provenance, and
               those plants are planted in an appropriate vegetation sequence, and
               (f) open storage areas, material handling areas and car parking are located away
               from any boundaries that border on public areas and major transport routes,
               particularly the foreshore of the Parramatta River and its tributaries, and
               (g) vegetated buffers are provided around areas of open storage or material
               handling to soften the visual impacts and reduce dust and stormwater runoff, and
               (h) in the case of the redevelopment of a site adjacent to waterways, through site
               pedestrian links and landscaped corridors to the waterways can be achieved where
               these do not diminish natural values, and
               (i) the landscape set backs along major streets and riparian vegetation along the
               rivers and creeks are in accordance with the Camellia Precinct Design Control
               Map.
41P Building design
       (1) Objectives for building design The objectives for building design in the Camellia
       Precinct are as follows:
               (a) to ensure that development responds to best practice ecologically sustainable
               development principles in its design, construction and operation,
               (b) to ensure that development contributes to the appearance and amenity of
               public places, including waterways, major roads and parks, and
               (c) to ensure that development respects, conserves and responds to identified
               views.
       (2) Provisions for building design Before granting development consent for development
       within the Camellia Precinct, the consent authority must give consideration to whether:
               (a) the major facades and entries of buildings address major public places,
               including roads, parks and waterways, and
               (b) buildings have regard to adjoining buildings and works, with appropriate
               transition of height, massing and scale, and
               (c) building set backs, design, materials and colours minimise the visual impact of
               the development, particularly if it is visible from roads and the Parramatta River,
               and
               (d) buildings on sites adjacent to the Parramatta River and its tributaries are set
               back in accordance with the Camellia Precinct Design Control Map, and
               (e) the design of buildings have regard to the existing heritage character of a
               place, where applicable, and
               (f) building bulk created by large unbroken expanses of wall is reduced by
               articulation and modulation, particularly where facing a public place such as a
               road, a park, or the Parramatta River, and
               (g) all available options for natural lighting, heat and ventilation, including solar
               design and solar powered water heating, have been investigated, and
               (h) construction materials are of an ecologically sustainable nature, and
               (i) buildings overshadow environment protection areas or riparian vegetated areas,
               and
               (j) lighting has no adverse impact on natural habitats.
Division 4 – Special Areas
41Q Special Areas
       (1) The Special Areas are identified on the Camellia Precinct Special Areas Map.
       (2) They are:
               (a) the River Special Area, and
               (b) the James Ruse Drive Special Area, and
               (c) the Grand Avenue Special Area.
41R Objectives of the controls for Special Areas
      (1) The objectives of the controls for Special Areas in the Camellia Precinct are as
      follows:
              (a) to ensure development is compatible with the particular character and
              significance of each Special Area,
              (b) to reinforce the specific attributes and qualities of each of the Special Areas,
              (c) to enhance and re-establish the Parramatta River as a major natural asset to
              Parramatta,
              (d) to enhance James Ruse Drive as an important gateway to Parramatta,
              (e) to conserve, and where possible enhance, identified views,
              (f) to give guidance for the preparation of master plans where required.
41S The River Special Area
      (1) Character statement The Parramatta River system will be enhanced as the major
      natural asset of the area, characterised by a healthy river and foreshores that, where
      appropriate, provide public access opportunities that are pursued and implemented while
      protecting the vegetated riparian areas with appropriate set backs along the Parramatta
      River, Duck River, A'Becketts Creek and Duck Creek. Properties adjoining the foreshore
      will address the aquatic gateway to Parramatta, with buildings displaying a high level of
      urban design quality and the less visually attractive elements of industrial development
      being screened by appropriate landscaping.The Rydalmere and Camellia Precincts will
      have improved connectivity for pedestrians across the Parramatta River from the
      Clyde-Carlingford Rail Bridge and the Thackeray Street Bridge.
      (2) Consideration Before granting development consent for development within the River
      Special Area, or before undertaking works within the River Special Area, the consent
      authority must take into consideration whether the development is consistent with any
      master plan required for the land under State Environmental Planning Policy No
      56--Sydney Harbour Foreshores and Tributaries, and must be satisfied that:
              (a) the development has addressed the requirements of Sydney Regional
              Environmental Plan No 22--Parramatta River, and
              (b) all reasonable opportunities to establish foreshore public land are taken up,
              except where this may be precluded by the presence of land or groundwater
              contamination or risk due to the proximity of hazardous or offensive activities,
              and
              (c) the development retains and enhances public access along the Parramatta
              River and Duck River foreshores, except where this is precluded by presence of
              land or groundwater contamination or risk due to the proximity of hazardous or
              offensive activities or where access will diminish natural values, and
              (d) the development retains and enhances public access and open space links
              between the foreshores of the Parramatta River, Duck River, Duck Creek,
              A'Becketts Creek or with other nearby open space areas, and
              (e) buildings adjacent to the Parramatta River are erected in a way that addresses
              the Parramatta River with high quality facades and entrances and do not
              overshadow any vegetated riparian areas or environmental protection areas, and
              (f) the scale of buildings along the Parramatta River will not dominate the
              topographic features of the Parramatta River landscape, and
              (g) the development maintains and re-establishes riparian vegetation set backs in
              accordance with the requirements of the Camellia Precinct Design Control Map
              and building set backs along the Parramatta River, and
              (h) the development improves the foreshore landscape so that locally native
              vegetation and natural geomorphology are preserved, restored and extended and
              in accordance with any Government-adopted catchment strategies, and
              (i) the development is sensitively designed so that existing aquatic habitats and
              species in the area are protected and maintained, and
              (j) the continuity and integrity of existing mangrove strands and salt marshes and
              marine vegetation as shown on the Camellia Precinct Design Control Map as
              riparian vegetation are to be maintained, and
              (k) where required by State Environmental Planning Policy No 55--Remediation
              of Land, the development remediates land contamination and removes any waste
              from the foreshore zone so that the area is rendered suitable for public access
              (where natural values will not be diminished) and harm to the Parramatta River
              environment is addressed and minimised, and
              (l) the development improves and makes apparent the settings of the important
              historic places and views along the Parramatta River and facilitates their
              interpretation, and
              (m) the development will result in a neutral or beneficial effect on the water
              quality of the Parramatta River and will not disturb contaminated river sediments
              in a way that creates risk of water pollution, and
              (n) any expansion of water based transport will not adversely affect the
              Parramatta River banks or vegetation of the Parramatta River foreshore, and
              (o) the development will result in improved visual connections to the Parramatta
              River, and
              (p) when public pedestrian access is not appropriate, the development provides
              foreshore landscaping in accordance with the Camellia Precinct Design Control
              Map, and
              (q) the development will result in opportunities to establish a peninsula park to
              commemorate Phillip's landing site, and
              (r) the development minimises reclamation and dredging of water land.
41T The James Ruse Drive Corridor Special Area
      (1) Character statement James Ruse Drive will be an attractive gateway thoroughfare to
      Parramatta supporting institutional uses, accommodation for visitors and business-related
      uses. The road will continue to be a significant regional transport artery. The corridor will
      be defined by well-designed buildings situated behind a significant landscaped frontage.
      Access to sites will be via adjoining local roads. A bus and rail interchange will be
      available near the new Camellia station. The station will be redeveloped to achieve
      integration with the surrounding land use. Safe pedestrian access will link Harris Park
      and Camellia transport interchange. View corridors will be retained to significant heritage
      buildings and the surrounding ridge lines.
      (2) Consideration Before granting development consent for development within the
      James Ruse Drive Special Area, the consent authority must be satisfied that development:
              (a) contributes to a strong, unified and visually attractive character for James Ruse
              Drive, enhancing its role as an important gateway to Parramatta, and
              (b) will not impact on identified views in the Camellia Precinct Design Control
              Map, and
              (c) allows for a 5 metre wide landscaped buffer along the eastern side of James
              Ruse Drive, as shown on the Camellia Precinct Design Control Map, and
              (d) uses best available construction materials, design techniques, finishes and
              interior layouts to minimise the potential environmental impacts arising from
              James Ruse Drive and the rail line, and
              (e) provides a traffic management plan that adequately caters for local traffic
              movement and access to the Area, and
              (f) has vehicular access via local roads and not directly off James Ruse Drive.
41U The Grand Avenue Special Area
      (1) Character Statement Grand Avenue will continue to operate as an important
      thoroughfare for this industrial precinct. Industries that front onto the Avenue and the
        Parramatta River will feature landscaping and quality building design and take advantage
        of the excellent location within the region for freight movement by rail and truck. The
        railway station will be redeveloped to achieve integration with the surrounding land use.
        Street improvement works and heritage interpretation will enhance the amenity of Grand
        Avenue and its historic significance.The area will be anchored by a business and
        transport service centre adjoining the Camellia railway station. Safe pedestrian and cycle
        access will be provided with links through to the Parramatta River.
        (2) Consideration Before granting development consent for development within the
        Grand Avenue Special Area, the consent authority must be satisfied that:
                 (a) the development improves the amenity of the area through clean, well
                 presented street or river frontages, quality landscaping and streetscape
                 enhancements, and
                 (b) where appropriate, public access to foreshore areas is provided, and
                 (c) a traffic management plan has considered and, where applicable, appropriately
                 responds to, the operation of the freight train and the impacts of the frequency and
                 size of trucks on the Grand Avenue bridge, Grand Avenue and the Camellia
                 public transport interchange, and
                 (d) site access and egress ways are of a design and quality to accommodate the
                 type, size and frequency of freight and other transport, and
                 (e) the impact of traffic on pedestrians and pedestrian amenity is minimised, and
                 (f) the development conserves identified views, and
                 (g) the development will comply with the Camellia Precinct Design Control Map.
Division 5 – Other controls
41V Eco-industrial development
        (1) Objectives for eco-industrial development The objectives for eco-industrial
        development in the Camellia Precinct are as follows:
                 (a) to promote and achieve the principles of eco-industrial development in the
                 Camellia Precinct,
                 (b) to capitalise on the potential that exists in the Camellia Precinct for
                 eco-industrial development,
                 (c) to identify all opportunities to move from a traditional industrial system to a
                 cyclical system whereby the energy, by-products or waste produced by a local
                 industry is reused by another local industry,
                 (d) to facilitate the move to a cyclical system by establishing and maintaining an
                 Input/Output Directory of energy and materials used and produced by industry in
                 the Camellia Precinct.
        (2) Provisions for eco-industrial development Before granting development consent for
        development within the Camellia Precinct that may generate or could use waste,
        by-products and energy in the Camellia Precinct, the consent authority must be satisfied
        that:
                 (a) the proponent has consulted the Input/Output Directory and investigated the
                 opportunities for the use or reuse of energy or materials produced by another
                 industry in the Camellia Precinct, and
                 (b) the proponent will provide information as to the type and amount of materials
                 and energy consumed and produced by the industrial process or activity.
41W Office development in Camellia Industrial zones
The consent authority must not consent to development for the purpose of commercial premises
or an office on land within the Regional Enterprise zone and the Parramatta Road Industrial zone
unless the use of the commercial premises or office is an integral part of, and ancillary to, the use
of the site for a purpose that is permissible in the zone.

Part 9 – Heritage areas and items
42 Objectives for heritage conservation
The objectives in relation to heritage are the following:

       (a) to conserve the environmental heritage of Parramatta,
       (b) to retain the cultural significance of Parramatta,
       (c) to conserve significant fabric, settings, relics and views associated with the heritage
       significance of heritage items and heritage conservation areas,
       (d) to ensure that any development does not adversely affect the heritage significance of
       heritage items and heritage conservation areas and their settings,
       (e) to ensure that archaeological sites, potential archaeological sites and Aboriginal places
       are conserved,
       (f) to ensure that the heritage conservation areas throughout Parramatta retain their
       heritage significance, in particular, with regard to their settings.
43 Protection of heritage items, heritage conservation areas and relics
       (1) The following development may be carried out only with development consent:
                (a) demolishing or moving a heritage item or a building, work, relic, tree or place
                within a heritage conservation area,
                (b) altering a heritage item or a building, work, relic or place within a heritage
                conservation area by making structural or non-structural changes to its exterior,
                including to the detail, fabric, finish or appearance of its exterior,
                (c) altering a heritage item by making structural changes to its interior,
                (d) moving a relic, or disturbing or excavating any land while knowing, or having
                reasonable cause to suspect, that the disturbance or excavation will, or is likely to,
                result in a relic being discovered, exposed, moved, damaged or destroyed,
                (e) demolishing, dismantling, moving or altering a heritage item,
                (f) erecting a building on, or subdividing, land on which a heritage item is located
                or which is within a heritage conservation area.
       (2), (3) (Repealed)
44 Minor development
Development consent is not required by clause 43 if:

      (a) the prospective consent authority is satisfied that the proposed development:
              (i) is of a minor nature, or consists of maintenance of a heritage item or a building
              or work, relic, tree or place within a heritage conservation area, and
              (ii) if it is an external alteration, would only have a minor visual impact, and
              (iii) would not adversely affect the significance of the heritage item or heritage
              conservation area, and
              (iv) would not have an adverse impact on the amenity of the neighbourhood, and
      (b) the prospective consent authority has been notified in writing of the proposed
      development and the prospective consent authority has confirmed in writing, before the
      development is carried out, that it is satisfied that the proposed development complies
      with paragraph (a), and that development consent is not required by any other provision
      of this Plan.
45 Heritage considerations
      (1) When determining a development application required by clause 43, the consent
      authority must take into consideration 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.
      (2) This is to include (but is not limited to) consideration of:
              (a) for heritage items:
                        (i) the heritage significance of the item as part of the environmental
         heritage of Parramatta, and
         (ii) the impact that the proposed development will have on the heritage
         significance of the item and its setting, including any landscape or
         horticultural features, and
         (iii) the measures proposed to conserve the heritage significance of the
         item and its setting, and
         (iv) whether any archaeological site or potential archaeological site would
         be adversely affected, and
         (v) the extent, if any, to which the carrying out of the proposed
         development would affect the form of an historic subdivision included in a
         heritage conservation area, and
         (vi) the advice of the consent authority's heritage adviser or another person
         with appropriate skills and experience in relation to the heritage
         significance of the item, the impact of the proposed development on that
         significance and whether any amendments to the proposal could be made
         to minimise this impact, and
         (vii) any submission received in relation to the proposed development in
         response to the notification or advertising of the application, and
(b) for heritage conservation areas:
         (i) the heritage significance of the heritage conservation area and the
         contribution which any building, work, relic, tree or place that will be
         affected by the proposed development makes to this heritage significance,
         and
         (ii) the impact that the proposed development would have on the heritage
         significance of the heritage conservation area, and
         (iii) the compatibility of any proposed building or work with nearby
         original buildings and the character of the heritage conservation area,
         including compatibility with the existing size, form, scale, orientation,
         setbacks, pitch and form of the roof (if any), the style, size, proportion and
         position of the openings for windows or doors (if any), exterior materials
         and detailing, and
         (iv) the measures proposed to conserve the significance of the heritage
         conservation area and its setting, and
         (v) whether any landscape or horticultural features of heritage significance
         would be adversely affected, and
         (vi) whether any archaeological site or potential archaeological site would
         be affected and the extent, if any, to which the carrying out of the
         proposed development would affect an historic subdivision included in a
         heritage conservation area, and
         (vii) the advice of the consent authority's heritage adviser or another
         person with appropriate skills and experience in relation to the impact of
         the proposed development on the heritage significance of the heritage
         conservation area, and whether any amendments to the proposal could be
         made to minimise this impact, and
         (viii) any submission received in relation to the proposed development in
         response to the notification or advertising of the application, and
(c) for a building that, in the opinion of the consent authority, contributes to the
identity and character of Parramatta:
         (i) the extent to which the original exterior features and form of the
         building are intact, and
         (ii) the extent to which the original exterior features and form of any
         adjoining buildings are intact, and
                        (iii) the contribution of the building to the history or significance of the
                        area, and
                        (iv) whether the building constitutes a danger to users or occupiers, if any,
                        of the building.
       The website of the Heritage Branch of the Department of Planning has publications that provide guidance
       on assessing the impact of proposed development on the heritage significance of items (for example,
       Statements of Heritage Impact).
46 Development adversely affecting a heritage item or heritage conservation area
       (1) Before granting consent for development that may undermine or otherwise damage a
       heritage item or heritage conservation area, that will obscure, overshadow or otherwise
       have an adverse effect on a view of a heritage item or heritage conservation area, or that
       will otherwise adversely affect the heritage significance of a heritage item or heritage
       conservation area (or that will have a substantial adverse effect on a view from any such
       item), the consent authority must assess the impact of the proposed development:
               (a) on the heritage significance, curtilage and setting of the heritage item, or
               heritage conservation area, and
               (b) on any significant views of or from the heritage item.
       (2) The consent authority may refuse to grant any such consent unless a heritage impact
       statement has been submitted that will help it to assess the impact of the proposed
       development on the heritage significance, visual curtilage and setting of the item or
       heritage conservation area. The heritage impact statement should include details of the
       size, shape and scale of, setbacks for, and the materials to be used in, any proposed
       buildings or works and details of any modification that would reduce the impact of the
       proposed development on the significance of the item or heritage conservation area.
47 Advertised development
The following development is identified as advertised development:

        (a) the demolition of a heritage item or a building, work, relic, tree or place in a heritage
        conservation area, or
        (b) the carrying out of any development allowed by clause 52.
48 (Repealed)
49 Required documentation for work affecting heritage items, or a building, work, relic,
tree or place within a heritage conservation area
When determining whether or not to grant a development consent required by clause 43, the
consent authority:

        (a) must not grant such a consent until it has considered a heritage impact statement
        which includes an assessment of the relevant matters listed in clause 45, and
        (b) may refuse to grant consent until it has considered a conservation management plan to
        enable the consent authority to assess the impact of the proposal on the heritage
        significance of the item and its setting, or of the heritage conservation area.
50 Development of Aboriginal places or of known or potential archaeological sites of
Aboriginal cultural significance
Before granting consent for development that is likely to have an impact on an Aboriginal place,
or that will be carried out on an archaeological site that has Aboriginal cultural significance or a
potential archaeological site that is reasonably likely to have Aboriginal cultural significance, the
consent authority must:

       (a) consider a heritage impact statement, explaining how the proposed development could
       affect the conservation of the place or site and any relic known or reasonably likely to be
       located at the place or site, and
       (b) except where the development is integrated development, notify the local Aboriginal
        communities (in such way as it thinks appropriate) of its intention to do so and take into
        consideration any comments received in response within 21 days after the relevant notice
        is sent, and
        (c) be satisfied that any necessary consent or permission under the National Parks and
        Wildlife Act 1974 has been granted.
51 Development of other archaeological sites or potential archaeological sites
        (1) Before granting consent for development that will be carried out on any other
        archaeological site or potential archaeological site that is the site of a heritage item or a
        site within a heritage conservation area, the consent authority must:
                 (a) consider a heritage impact statement explaining how the proposed
                 development would affect the conservation of the site and any relic known or
                 reasonably likely to be located at the site, and
                 (b) be satisfied that any necessary excavation permit required by the Heritage Act
                 1977 has been granted.
        (2) Subclause (1) does not apply if the proposed development will not involve
        disturbance of below-ground relics and the consent authority is of the opinion that the
        heritage significance of any above-ground relics would not be adversely affected by the
        proposed development.
52 Conservation incentives
The consent authority may grant consent to the use for any purpose of a building that is a
heritage item, or of the land on which a building that is a heritage item is erected, even though
the use would otherwise be prohibited by this Plan, if it is satisfied that the retention of the
building depends on the granting of consent and:

       (a) the condition of the heritage item is such that the use of the item for any purpose
       which is allowed in the zone would be impractical or undesirable, and
       (b) the heritage item requires a substantial amount of capital expenditure (other than
       maintenance work) in order to conserve its heritage significance, and
       (c) the proposed use is in accordance with a conservation management plan which has
       been endorsed by the Heritage Council, and
       (d) the cost of the conservation work identified in the conservation management plan is
       such that there is no reasonable possibility that any of the uses which are allowed in the
       zone would be economically viable for the current or any future owner, and
       (e) the granting of consent to the proposed use would ensure that all necessary
       conservation work identified in the conservation management plan is carried out, and
       (f) the proposed use would not affect the heritage significance of the heritage item or its
       setting, and
       (g) any car parking spaces required by the proposed use can be accommodated without
       any adverse impact on the heritage significance of the heritage item or its setting, and
       (h) the proposed use would not adversely affect the amenity of land in the vicinity, and
       (i) in all other respects the proposed use complies with the provisions of this Plan.
Part 10 – Transport
Division 1 – Preliminary
53 Application of Part 10
Unless otherwise stated, this Part applies to the Parramatta Primary Centre.

54 Aims
The aims of this Plan with regard to transport provision are as follows:

       (a) to facilitate growth of the Parramatta Primary Centre mainly by the use of public
       transport, particularly by improving public transport access to and from Parramatta, by
       promoting efficient circulation of transport within Parramatta, and by supporting policies
       that encourage greater public transport use,
       (b) to achieve an overall mode split of 50% between public transport and private vehicles
       for the Parramatta Primary Centre (allowing for adjustments between Precincts) with a
       mode split of 60% for the City Centre Precinct favouring public transport (including
       walking and cycling) for the journey to work when employment growth reaches 60,000 in
       the Parramatta City Centre,
       (c) to assist in reducing transport vehicle kilometres travelled over western Sydney by
       encouraging a greater concentration of development in the Parramatta City Centre,
       (d) to encourage appropriate public transport infrastructure in order to achieve a
       high-quality public transport system,
       (e) to implement parking policies that discourage continued reliance on private vehicle
       use, reduce traffic congestion and improve pedestrian amenity.
Division 2 – Parramatta Station
55 Parramatta Station and interchange
       (1) Parramatta Railway Station and interchange will continue in their role as the hub of
       the regional public transport network to accommodate the predicted growth in
       employment in Parramatta City Centre and increase in public transport patronage.
       (2) Parramatta Station and interchange should:
               (a) conveniently serve existing and future trip generators within the Parramatta
               City Centre, and
               (b) be a focus for pedestrian routes, and
               (c) provide safe, direct interchange between rail services and rail and bus services,
               and
               (d) provide for interchange with future rapid transit buses with provision for later
               conversion to light rail, and
               (e) provide taxi drop-off on both sides of the Station, and
               (f) be prominent, easily located and accessible to all users, particularly in the
               context of any future redevelopment of the City Centre Precinct, and
               (g) meet all public transport operational and safety requirements.
Division 3 – Car parking
56 Objectives for car parking controls
The objectives of the car parking controls are as follows:

       (a) to ensure that public transport becomes the most important and efficient means of
       moving people to and within the Parramatta City Centre,
       (b) to encourage commuting by public transport to the Parramatta City Centre in order to
       reduce the number of motor vehicles travelling through and to the Parramatta City
       Centre, and to improve overall environmental quality and pedestrian amenity,
       (c) to continue the attractiveness and competitiveness of the Parramatta City Centre for
       retail and commercial activities,
       (d) to favour short-stay parking over commuter parking.
57 Car parking provisions
       (1) The number of car parking spaces provided for use for the purpose of a building of a
       kind described in the Table to this clause is not to exceed that calculated in accordance
       with that Table. Any fraction of a parking space resulting from such a calculation is to be
       disregarded.
       (2) Car parking spaces provided for use in connection with the use of function areas in
       hotels are to be available only to patrons while using the function facilities and must not
       be used for public car parking.
       Table Maximum car parking:
Type of proposed building                Parking spaces permitted on-site
(A) City Centre Precinct
Commercial                              10 spaces per 1 000 square metres of gross floor area
Shop                                    1 space per 30 square metres of gross floor area
Dwelling houses                         2 spaces per dwelling house
Dual occupancies                        1 space per dwelling
Multi-unit housing 1 and 2 bedrooms     1 space per dwelling plus 1 space per 5 dwellings for
                                       visitors
Multi-unit housing 3 or more            1.5 spaces per dwelling plus 1 space per 5 dwellings for
bedrooms                               visitors
Housing for aged and disabled           1 space per 10 units (subsidised) or 1 space per 5 units
                                       (privatised) plus one space per 10 units (for visitors)
Hostels and nursing homes               1 space per 10 beds plus 1 space per 2 employees plus 1
                                       space suitable for an ambulance
Tourist hotels                          1 space per 5 hotel units plus 1 space per 3 employees
Motels                                  1 space per 2 motel units plus 1 space per 3 employees
Restaurants                             The lesser of 10 spaces per 100 square metres of
                                       development (gross floor area) or 1 space per 4 seats
Drive-in-take-away with seating         The lesser of 1 space per 10 square metres of gross floor
                                       area or 1 space per 6 seats
Warehouses                              1 space per 300 square metres of gross floor area
Professional consulting rooms           1 space per 300 square metres of gross floor area
Childcare centres                       1 space for every 4 childcare places
(B) Other Precincts
Commercial                              1 space per 50 square metres of gross floor area
Industrial                              1 space per 70 square metres of gross floor area
Shop                                    1 space per 30 square metres of gross floor area
Residential:
(a) Villas, townhouses and terraces       1 space per 1 or 2 bedroom unit1.5 spaces per 3 bedroom
                                         unitand 2 spaces per 4 bedroom unit or aboveplus 0.25
                                         space per dwelling for visitor parking.
(b) Residential flat buildings (400       1 space per 1 bedroom unit1.25 spaces per 2 bedroom
metres or more from railway station unitand 1.5 spaces per 3 or more bedroom unitplus 0.25
and transit corridors)                   space per dwelling for visitor parking
(c) Residential flat buildings (within 1 space per 1 or 2 bedroom unit1.2 spaces per 3 or more
400 metres of railway station and        bedroom unitand 0.25 space per dwelling for visitor
transit corridors)                       parking
Housing for aged and disabled             1 space per 10 units (subsidised) or 1 space per 5 units
                                         (privatised) plus one space per 10 units (for visitors)
Hostels and nursing homes                 1 space per 10 beds plus 1 space per 2 employees plus 1
                                         space suitable for an ambulance
Other Uses:
(a) Tourist hotels (within 400 metres 1 space per 5 hotel units plus 1 space per 3 employees
of railway station and transit corridor)
(b) Tourist hotels (beyond 400 metres 1 space per 3 hotel units plus 1 space per 2 employees
of railway station and transit corridor)
(c) Motels (within 400 metres of          1 space per 2 motel units plus 1 space per 3 employees
railway station and transit corridor)
(d) Motels (beyond 400 metres or          1 space per motel unit plus 1 space per 2 employees
more from railway station and transit
corridor)
(e) Restaurants (within 400 metres of The lesser of 10 spaces per 100 square metres of
railway station and transit corridor)   development (gross floor area) or 1 space per 4 seats
(f) Restaurants (400 metres or more      The lesser of 15 spaces per 100 square metres of
from railway station and transit        development (gross floor area) or 1 space per 3 seats
corridor)
(g) Drive-in-take-away with seating      The lesser of 1 space per 10 square metres of
(within 400 metres of railway station   development (gross floor area) or 1 space per 6 seats
and transit corridor)
(h) Drive-in-take-away with seating      The lesser of 1 space per 8 square metres of development
(400 metres or more from railway        (gross floor area) or 1 space per 5 seats
station and transit corridor)
(i) Warehouses                           1 space per 300 square metres of gross floor area
(j) Professional consulting rooms        1 space per 30 square metres of gross floor area
(k) Childcare centres                    1 space for every 4 childcare places

Part 11 – Other provisions
58 Application of Part 11
This Part applies to land within the City Centre, Harris Park, Government Precinct, Rydalmere
Precinct or Camellia Precinct.

59 What is exempt development?
     (1) Development listed in Schedule 3 is exempt development, except as provided by
     subclauses (2) and (3).
     (2) Development is exempt development only if:
              (a) it does not cause interference with the amenity of the neighbourhood because
              of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot,
              dust, waste water, waste products, grit or oil or otherwise, and
              (b) it complies with the deemed-to-satisfy provisions of the Building Code of
              Australia, and
              (c) it complies with any relevant standards set for the development by this Plan
              and by any development control plan adopted for the purposes of this Plan, and
              (d) it does not contravene any condition of a development consent applying to the
              land, and
              (e) it does not obstruct drainage of the site on which it is carried out, and
              (f) it does not restrict any vehicular or pedestrian access to or from the site, and
              (g) it is carried out at least one metre from any easement or public sewer main and
              complies with the building over sewer requirements of Sydney Water Corporation
              applying to the land, and
              (h) it does not require a tree to be removed,
              (i) it is carried out behind the building line, where it is carried out in a heritage
              conservation area.
     (3) Development is not exempt development if it is carried out on land that:
              (a) is an Aboriginal place under the National Parks and Wildlife Act 1974, or
              (b) is within the Regional Park zone, or
              (c) is land reserved or dedicated under the Crown Lands Act 1989 for the
              preservation of flora, fauna, geological formations or for other environmental
              protection purposes, or
              (d) is identified as a heritage item by this Plan, or
              (e) is within that part of flood liable land that is affected by the 100 year Average
              Recurrence Interval (ARI) flood.
60 What is complying development?
      (1) Development listed in Schedule 4 is complying development if:
              (a) it is local development of a kind that can be carried out with consent on the
              land on which it is proposed, and
              (b) it is not an existing use, as defined in section 106 of the Act,
      except as provided by subclauses (2) and (3).
      (2) Development is complying development only if :
              (a) it complies with the deemed to satisfy provisions of the Building Code of
              Australia, and
              (b) it will achieve the relevant group of outcomes listed in Schedule 4 for the
              proposed development, and
              (c) it will comply with the relevant development standards set for the
              development by this Plan and by any development control plan adopted for the
              purposes of this Plan, and
              (d) it will be carried out behind the rear alignment of any building on the site on
              which it is proposed to be carried out, if that site is located in a heritage
              conservation area identified by this or any other environmental planning
              instrument, and
              (e) it does not contravene any condition of a development consent applying to the
              land, and
              (f) a certificate of compliance has been obtained for the development, if required,
              from Sydney Water Corporation Limited.
      (3) Development is not complying development if it is carried out on land that:
              (a) is identified in this or any other environmental planning instrument as bush
              fire prone, flood liable or contaminated land. or as land subject to subsidence,
              slip, erosion or acid sulfate soils, or
              (b) is a site that has previously been used as a service station or a sheep or cattle
              dip, for intensive agriculture, mining or extractive industry, waste storage or
              waste treatment, or for the manufacture of chemicals, asbestos or asbestos
              products, and a notice of completion of remediation work for the proposed use has
              not been given to the Council in accordance with State Environmental Planning
              Policy No 55--Remediation of Land, or
              (c) is an Aboriginal place under the National Parks and Wildlife Act 1974, or
              (d) is within the Regional Park zone, or
              (e) is reserved or dedicated under the Crown Lands Act 1989 for the preservation
              of flora, fauna or geological formations or for other environmental protection
              purposes,
              (f) is identified as a heritage item by this or any other environmental planning
              instrument, or
              (g) is within the Area of National Significance (as defined for the purposes of this
              Plan) in the Harris Park Precinct.
      (4) A complying development certificate issued for any such development is to be subject
      to the conditions for the development specified in Part 3 of Schedule 4.
61 Demolition
      (1) The demolition of a building may be carried out only with development consent.
      (2) This clause does not require consent for exempt development.
62 Subdivision
      (1) Subdivision of land, including subdivision under the Strata Schemes (Freehold
      Development) Act 1973 or the Strata Schemes (Leasehold Development) Act 1986, may
      be carried out only with development consent.
      (2) The consent authority may refuse consent to a proposed subdivision of a building on
      land by a strata plan or a strata plan of subdivision where it is of the opinion that the
      subdivision is likely to:
                (a) prevent achievement of the aims and objectives of this Plan, or
                (b) prejudice the future economic development of the land or of adjoining land.
        (3) A subdivision which creates a lot for a car parking space that is separable from the lot
        for a related residential unit is prohibited except where the lot for the car parking space is
        only for the use of a resident or occupant of the subject building.
63 Development of land near zone boundary
        (1) This clause applies to the following land:
                Land in the City Centre Precinct or Government Precinct, excluding land in the
                Regional Park or Open Space zone, that is within 5 metres of the boundary
                between two zones.
        (2) Subject to subclause (3), development may, with development consent, be carried out
        on land for any purpose for which development may be carried out (with or without
        consent) within the zone adjacent to the zone within which the development is to be
        carried out.
        (3) Consent must not be granted to the carrying out of development pursuant to this
        clause, unless the carrying out of the development is necessary, in the opinion of the
        consent authority, due to design requirements relating to the subdivision of land to which
        this clause applies.
64 Minor council works and maintenance
        (1) Development carried out by or on behalf of the Council for the purpose of the
        following may be carried out on any land, excluding land in the Regional Park zone,
        without development consent:
                (a) provision of roads, stormwater drainage, recreation areas, landscaping,
                gardening, public amenities, or cycle ways,
                (b) provision of street furniture, such as benches, council information signs,
                public artwork installations, street lights, and telephone kiosks,
                (c) minor improvements to footpaths and other public pedestrian areas, such as
                tree planting and repaving, street surfacing, reconstruction of kerbs, footpaths,
                gutters and the like.
65 Community use of educational establishments and other community facilities for
community purposes
Development consent may be granted for the use of an educational establishment or other
community facility for any community purpose, such as a meeting room, public library, sport or
recreation facility or for any other community purpose, whether or not such use is a commercial
use of the land.

66 Temporary use of land
      (1) Regardless of any other provisions of this Plan, consent may be granted to
      development on land within any zone for any temporary purpose for a maximum period
      of 28 days, whether consecutive or not, in any one calendar year.
      (2) Regardless of any other provisions of this Plan, consent may be granted to
      development (excluding development for the purpose of advertising or advertising
      structures) which is approved by the Sydney Organising Committee for the Olympic
      Games to be carried out for a period of not more than 84 days.
      (3) Before granting consent for development as referred to in subclause (1) or (2), the
      consent authority must be satisfied that:
              (a) the temporary use is necessary and reasonable for economic use of the land
              pending its subsequent development in accordance with this Plan, and
              (b) the temporary use will not prejudice the subsequent carrying out of
              development on the land in accordance with this Plan, and
              (c) the temporary use will not adversely impact on any adjoining land or the
              amenity of the neighbourhood, and
                (d) appropriate arrangements are made for the removal of the use and any
                associated structures at the end of the period specified in the development
                consent.
67 Access for mixed use buildings
The consent authority must not consent to development for the purpose of a mixed use building,
which includes two or more dwellings, unless it is satisfied that a separate entrance and separate
internal access will be provided for use exclusively for the purpose of the dwellings.

68 Foreshore development
Before granting consent for development which includes works adjacent to the Parramatta River
foreshore, the consent authority must consider how the proposed development will affect:

      (a) the preservation and enhancement of the natural features and vegetation of the area,
      and
      (b) the visual amenity of the foreshore, and
      (c) the historic and cultural significance of the foreshore, and
      (d) all opportunities to increase public access to the foreshore through acquisition,
      dedication or right-of-way.
69 Development within foreshore building line
      (1) The consent authority may, by order, fix a foreshore building line in respect of any
      land fronting the Parramatta River.
      (2) A foreshore building line, when fixed in accordance with this clause, is to be recorded
      by the consent authority concerned on a map kept at the office of the consent authority
      concerned and made available for inspection by the public during ordinary office hours.
      (3) Except as provided by subclauses (4) and (5), a building must not be erected on any
      land to which this Plan applies between a foreshore building line and the mean high
      watermark of the nearest waterway.
      (4) The consent authority may grant consent for the erection of a building between a
      foreshore building line and the mean high watermark of the nearest waterway but only if
      the consent authority is satisfied that there is no alternative to erecting the building on
      that location.
      (5) A person may, with the consent of the consent authority, erect or establish:
               (a) boat sheds, or
               (b) sea walls, or
               (c) wharves, slipways, jetties, or
               (d) waterway access stairs, or
               (e) fences, or
               (f) picnic facilities, cycle ways or walking trails,
      on land between a foreshore building line and the mean high watermark of the nearest
      waterway.
      (6) Before granting development consent to development referred to in subclauses (4) or
      (5), the consent authority must take into consideration the following matters:
               (a) the appearance of the development from both the waterway and adjacent
               foreshore areas,
               (b) whether the development will cause pollution or siltation of the waterway,
               (c) whether the development will have an adverse effect on surrounding uses,
               aquatic habitat, wetland areas, flora or fauna habitats,
               (d) whether the development will have an adverse effect on drainage patterns,
               (e) whether the development will cause congestion of the waterway or generate
               conflicts between people using open space areas or the waterway,
               (f) the desirability of ensuring continuous public access or habitat connectivity
               along the foreshore and to the waterway, provided there are no negative
               ecological impacts,
               (g) any effects on the historic, scientific, cultural, social, archaeological,
               architectural, natural or aesthetic significance of the land on which the
               development is to be carried out and on surrounding land,
               (g1) whether the development will have an impact on identified views,
               (h) whether the development will disturb any acid sulphate soil,
               (i) (Repealed)
               (j) whether the development will have an impact on seagrass, mangroves or other
               marine habitat,
               (k) the provision and suitability of any environmental monitoring or
               environmental rehabilitation, or ecological restoration, with regard to the
               proposed development,
               (l) whether the development will protect the riparian areas and environment
               protection areas from overshadowing or will have an adverse impact on the
               lighting of those areas.
70 Outdoor advertising and signage
       (1) Development for the purpose of an advertisement may be carried out with
       development consent if it is not exempt development and is not prohibited by this clause.
       (2) Despite any other provisions of this Plan, development may be carried out with
       consent on any land for the purpose of an advertisement that directs the travelling public
       to a specific tourist facility or place of scientific, historic or scenic interest, if the consent
       authority is satisfied that:
               (a) the principal purpose of the advertisement is to direct the travelling public to
               that building or place, and
               (b) the dimensions and overall size of the advertisement are not larger than would
               reasonably be required to so direct the travelling public.
       (3) Development for the purpose of the following is prohibited:
               (a) an advertisement on land that is within any of the following zones or
               descriptions of land:
                        (i) environmentally sensitive areas,
                        (ii) heritage areas,
                        (iii) national parks,
                        (iv) natural or other conservation areas,
                        (v) nature reserves,
                        (vi) open spaces,
                        (vii) residential zones (but not including a mixed residential and business
                        zone, or similar zones);
                        (viii) scenic protection areas,
                        (ix) waterways,
               (b) an advertisement on land within a mixed residential and business zone, or any
               similar zone, if the development is not exempt development or otherwise allowed
               by subclause (2),
               (c) pole or pylon advertising signs.
       (4) Before granting development consent for development that involves the erection or
       display of signage (including advertising), the consent authority must be satisfied that the
       signage (including advertising):
               (a) is compatible with the desired amenity and visual character of the area, and
               (b) provides effective communication in suitable locations, and
               (c) is of high quality design and finish.
71 Classification and reclassification of public land as operational land
       (1) The public land described in Schedule 5 is classified, or reclassified, as operational
       land for the purposes of the Local Government Act 1993, subject to this clause.
      (2) Land described in Columns 1 and 2 of Part 1 of Schedule 5:
               (a) to the extent (if any) that the land is a public reserve, does not cease to be a
               public reserve, and
               (b) continues to be affected by any trusts, estates, interests, dedications,
               conditions, restrictions or covenants by which it was affected before its
               classification, or reclassification, as the case requires, as operational land.
      (3) Land described in Columns 1 and 2 of Part 2 of Schedule 5, to the extent (if any) that
      it is a public reserve, ceases to be a public reserve on the commencement of the relevant
      amending plan and, by the operation of that plan, is discharged from all trusts, estates,
      interests, dedications, conditions, restrictions and covenants affecting the land or any part
      of the land except those specified opposite the land in Column 3 of Part 2 of Schedule 5.
      (4) In this clause, "the relevant amending plan", in relation to land described in Part 2
      of Schedule 5, means the local environmental plan that inserted the description of the
      land into that Part.
      (5) Before the relevant amending plan inserted the description of land into Part 2 of
      Schedule 5, the Governor approved of subclause (3) applying to the land.
72 Acquisition and development of reserved land
Nothing in this clause is to be construed as requiring a public authority to acquire land--see section 27 (3) of the Act.

         (1) The owner of any land reserved for future acquisition may, by notice in writing,
         request the appropriate acquisition authority to acquire that land.
         (2) The "appropriate acquisition authority" for reserved land is indicated in the Table
         below.
         (3) Subject to subclause (4), on receipt of a notice referred to in subclause (1), the public
         authority concerned shall acquire the land.
         (4) The Roads and Traffic Authority is not required to acquire land the subject of a notice
         referred to in subclause (1):
                 (a) unless:
                         (i) a development application has, since the land last became subject to
                         this clause, been made in respect of the land, or
                         (ii) the Authority has refused to grant its concurrence, as referred to in
                         subclause (6), to the proposed development, or
                 (b) unless the land is vacant land, or
                 (c) unless the Authority has publicly indicated that it proposes to carry out
                 development on the land within the next 5 years, or
                 (d) unless the Authority is of the opinion that the owner of the land will suffer
                 hardship if the land is not acquired within a reasonable time.
         (5) Until:
                 (a) land the subject of a notice referred to in subclause (1) is acquired by the
                 public authority concerned, or
                 (b) land that has been acquired under this clause is developed for the purpose for
                 which it has been acquired,
         development may, with development consent, be carried out on the land for any purpose,
         where the consent authority is satisfied that the development will not adversely affect the
         usefulness of the land for the purpose for which it has been reserved.
         (6) (Repealed)
         (7) In determining whether to grant consent under subclause (5), the consent authority
         must take into consideration:
                 (a) the effect of the proposed development on the costs of acquisition, and
                 (b) the imminence of acquisition, and
                 (c) the cost of re-instatement of the land for the purpose for which the land is to
                 be acquired.
       Table Appropriate acquisition authority
Precinct    Reserved for        Notation on the zoning      Acquisition authority
                               map
City Centre open space          PCC                         Parramatta City Council
City Centre open space          C                           the Corporation under the Act
City Centre local road          PCC                         Parramatta City Council
           widening
City Centre arterial road       RTA                         Roads and Traffic Authority
           widening
Harris Park local road          PCC                         Parramatta City Council
           widening

73 Development along public transport corridors
       (1) In this clause, "public transport corridor" means land shown stippled black on the
       map marked " Sydney Regional Environmental Plan No 18--Public Transport Corridors
       ", a copy of which is deposited in the office of each consent authority.
       (2) Despite any other provision of this Plan:
                (a) a person must not carry out development on land within a public transport
                corridor, and
                (b) the consent authority must not consent to the carrying out of development on
                land within, or in the immediate vicinity of, a public transport corridor,
       otherwise than in accordance with the provisions of Sydney Regional Environmental Plan
       No 18--Public Transport Corridors.
74 Reservation and acquisition of public transport corridor land
       (1) This clause applies to land shown coloured yellow and stippled black on the map
       marked " Sydney Regional Environmental Plan No 18--Public Transport Corridors ".
       (2) The land to which this clause applies is reserved for public transport purposes.
       (3) The owner of land to which this clause applies may, by notice in writing, require the
       corporation to acquire the land.
       (4) On receipt of a notice referred to in subclause (3), the corporation must acquire the
       land to which the notice relates.
75 Noise and vibration
       (1) Consent must not be granted to any proposed development:
                (a) that, in the opinion of the consent authority, may be adversely affected by
                rail-related noise or vibration, or
                (b) that will be carried out on land near a classified road, within the meaning of
                the Roads Act 1993,
       unless the development incorporates assessment and mitigation measures which are
       consistent with current Environment Protection Authority noise policies, including the
       Industrial Noise Policy and Environmental Criteria for Road Traffic Noise.
       (2) The consent authority must not consent to any proposed development unless it is
       satisfied that the development will not generate unacceptable noise impact on the
       surrounding area.
       (3) If a residential development is adjacent to a major road or rail corridor, the consent
       authority must ensure that the siting, location, design and materials of the building
       respond to, and minimise, potential noise impacts on future residents of the site.
76 Development on flood liable land
       (1) Despite any other provision of this Plan, the consent authority may refuse to grant
       consent to the carrying out of development on flood liable land if, in the opinion of the
       consent authority, the development may:
                (a) be inconsistent with any policy or floodplain risk management plan adopted by
                Parramatta City Council in accordance with the principles contained in the
               manual entitled Floodplain Management Manual (dated January 2001) or any
               subsequent manual relating to the management of flood liable land notified in the
               Gazette by the Minister, or
               (b) detrimentally increase the potential affect of floods on other development or
               property, or
               (c) result in, to a substantial degree, an increased risk to human life, or
               (d) be likely to result in additional economic and social cost that could not
               reasonably be managed by potentially affected persons and the general
               community, or
               (e) adversely affect the environment of the floodplain by causing avoidable
               erosion, siltation, unnecessary destruction of river bank vegetation or a reduction
               in the stability of the river bank.
       (2) When undertaking an assessment required by this clause, the consent authority must
       take into consideration the impact of the development in combination with the cumulative
       impact of development that is likely to occur within the same floodplain.
       (3) (Repealed)
77 Excavation and filling of land
       (1) A person may excavate or fill land to which this Plan applies only with development
       consent.
       (2) When assessing an application for consent required by subclause (1), the consent
       authority must have particular regard to:
               (a) the likely disruption of, or any detrimental effect on, existing drainage patterns
               and soil stability in the locality, and
               (b) the effect of the proposed works on the likely future use or redevelopment of
               the land, and
               (c) the quality of the fill or of the soil to be excavated, or both, and
               (d) the effect of the proposed work on the existing and likely amenity of adjoining
               properties, and
               (e) the source of any fill material or the destination of any excavated material, and
               (f) the likelihood of disturbing relics.
       (3) Subclause (1) does not apply to:
               (a) any excavation or filling of land necessarily carried out to allow development
               for which consent has been granted under the Act, or
               (b) any excavation or filling of land which is considered by the prospective
               consent authority to be of a minor nature.
78 Restricted premises
Consent may be granted to the carrying out of development for the purpose of restricted premises
only where conditions are imposed requiring that:

        (a) no part of the restricted premises, other than an access corridor, will be located within
        1 500 millimetres (measured vertically) from any adjoining footpath, roadway, arcade or
        other public thoroughfare, and
        (b) no part of the restricted premises or building in which the premises will be situated
        will be used as a dwelling unless separate access will be available to the dwelling, and
        (c) any signage related to the premises will be of a size, shape and content that does not
        interfere with the amenity of the locality, and
        (d) no other objects, products or goods related to the restricted premises will be visible
        from outside the premises.
This clause does not limit the conditions that may be imposed on such a consent.

79 Brothels
In determining an application to carry out development for the purpose of a brothel, the consent
authority must consider the following:

       (a) whether the operation of the brothel will be likely to cause a disturbance in the
       neighbourhood because of its size, location, hours of operation or clients or the number of
       employees and other people working in it,
       (b) whether the operation of the brothel will be likely to interfere with the amenity of the
       neighbourhood,
       (c) whether the operation of the brothel will be likely to cause a disturbance in the
       neighbourhood when taking into account other brothels operating in the neighbourhood
       involving similar hours of operation,
       (d) any other environmental planning instruments that the consent authority considers
       relevant.
80 Development in the Open Space zone
       (1) Consent must not be granted for development on land within the Open Space zone
       unless the consent authority has taken into consideration whether the proposed
       development is consistent with any plan of management for the land adopted by the
       Council.
       (2) Consent must not be granted for development on land within the Open Space zone
       unless the consent authority has taken into consideration all of the following:
               (a) the need for the proposed development on that land,
               (b) whether the impact of the proposed development will be detrimental to the
               existing or future use of the land,
               (c) whether the proposed development will be for the purpose of recreation or will
               be secondary and complementary to the use of the land for the purpose of
               recreation,
               (d) whether the height and bulk of any proposed building or structure has regard
               to existing vegetation, topography and stormwater flow,
               (e) in the case of public open space, whether the proposed development will
               significantly diminish public use and access to public open space,
               (f) whether the proposed development is compatible with adjacent uses in relation
               to its height, bulk and noise generation and any other aspects that might conflict
               with surrounding land uses.
81 Telecommunications facilities
       (1) A person must not erect a structure or work for telecommunications infrastructure
       except with development consent.
       (2) Consent must not be granted for the erection of a structure or carrying out of work for
       the purpose of telecommunications infrastructure unless the consent authority has taken
       into consideration the following:
               (a) the potential for underground installation,
               (b) the potential for co-location with existing facilities,
               (c) the impact of the infrastructure on visual amenity,
               (d) the impact of the infrastructure on the heritage significance of the area and
               heritage items,
               (e) the impact of the infrastructure on vegetation and street infrastructure.
82 Tree preservation
       (1) Consent is required before a person ringbarks, cuts down, tops, prunes, lops, removes,
       injures, poisons or wilfully destroys any tree that has an overall height of 3 metres or
       more above the ground.
       (2) Development consent is not required where:
               (a) the tree's condition constitutes an immediate threat to life or property, or
               (b) the tree is included in any current list of noxious plants from time to time
               published by the Department of Agriculture, or
               (c) the trunk of the tree is located within 1 metre from any part of any habitable
               building or within 1 metre from any underground utility service main, or
               (d) the work involves only minor pruning which is necessary to promote growth
               or fruit production, or to improve the shape of the tree's canopy, and is not likely
               to jeopardise the tree's existence, or
               (e) the tree is in a State forest within the meaning of the Forestry Act 1916, or is
               trimmed or otherwise dealt with in accordance with the Electricity Supply (Safety
               Plans) Regulation 1997 or the Electricity (Tree Preservation) Regulation 1995, or
               (f) the work consists of any clearing that involves the removal or lopping of the
               tree in accordance with the Roads Act 1993.
       (3) Consent required by this clause must not be granted unless the consent authority has
       considered:
               (a) the reason for the proposed work, and
               (b) the contribution of the tree to the local landscape or streetscape, and
               (c) the type and rarity of the species, and
               (d) the number of trees in the vicinity, and
               (e) whether the tree may become dangerous or damage property or utility
               services, and
               (f) whether new plantings are proposed or are desirable, and
               (g) the effect of the proposed work on local views, on solar access to properties
               and on local amenity, and
               (h) any heritage or ecological habitat significance of the tree, and
               (i) the effect of the proposed work on soil conservation and erosion, and
               (j) the effect of the proposed work on flora and fauna habitat.
83 Acid sulfate soils
       (1) A person must not, without development consent, carry out works described in the
       following Table on land of the class specified for those works, except as provided by
       subclause (3).
                                                     Table
Class of land as shown on Works
Acid Sulfate Soils
Planning Map
1                             Any works
2                             Works below natural ground surfaceWorks by which the water table
                             is likely to be lowered
3                             Works beyond 1 metre below natural ground surfaceWorks by which
                             the water table is likely to be lowered beyond 1 metre below natural
                             ground surface
4                             Works beyond 2 metres below natural ground surfaceWorks by
                             which the water table is likely to be lowered beyond 2 metres below
                             natural ground surface
5                             Works within 500 metres of adjacent Class 1, 2, 3 or 4 land which
                             are likely to lower the water table below 1 metre AHD on adjacent
                             Class 1, 2, 3 or 4 land

       (2) For the purposes of the Table to subclause (1), works include:
               (a) any disturbance of more than 1 tonne of soil (such as occurs in carrying out
               agriculture, the construction or maintenance of drains, extractive industries,
               dredging, the construction of artificial water bodies (including canals, dams and
               detention basins) or foundation, or flood mitigation works), or
               (b) any other works that are likely to lower the water table.
       (3) This clause does not require consent for the carrying out of those works if:
               (a) a copy of a preliminary assessment of the proposed works undertaken in
               accordance with the Acid Sulfate Soils Assessment Guidelines has been given to
               the prospective consent authority, and
               (b) the prospective consent authority has provided written advice to the person
               proposing to carry out the works confirming that results of the preliminary
               assessment indicate the proposed works need not be carried out pursuant to an
               acid sulfate soils management plan prepared in accordance with the Acid Sulfate
               Soils Assessment Guidelines.
       (4) Consent required by this clause must not be granted unless the consent authority has
       considered:
               (a) the adequacy of an acid sulfate soils management plan prepared for the
               proposed development in accordance with the Acid Sulfate Soils Assessment
               Guidelines, and
               (b) the likelihood of the proposed development resulting in the discharge of acid
               water, and
               (c) (Repealed)
       (5) This clause requires consent for development to be carried out by councils, county
       councils or drainage unions despite:
               (a) clause 35 and items 2 and 11 of Schedule 1 to the Environmental Planning
               and Assessment Model Provisions 1980, as adopted by this Plan, and
               (b) clause 10 of State Environmental Planning Policy No 4--Development Without
               Consent.
84 Savings and transitional provisions
Schedule 8 has effect.

Part 12 – Ecological sustainability provisions
85 Objectives for ecological sustainability
For the purposes of this Plan, the objectives for ecological sustainability are as follows:

         (a) to encourage environmental management best practice that protects and promotes the
         natural assets of the Parramatta City Centre, Harris Park, Government, Rydalmere and
         Camellia Precincts,
         (b) to improve environmental performance that minimises energy and resource use as
         well as off-site air quality, noise, odour, dust, water, soil and contamination impacts,
         (c) to protect and enhance local and regional biodiversity, particularly maximising the
         extent and integrity of aquatic and ecologically sustainable land areas along the corridors
         of the Parramatta River, the Duck River and their tributary creeks,
         (d) over time, to measurably improve the environmental quality of the Parramatta
         Primary Centre.
Potential ecological sustainability indicators include: runoff, water quality (including ground water quality),
flooding problems, water consumption compared to industry best-performance, proportion of industrial properties
assessed for contamination, noise and odour complaints, extent of sensitive population adversely affected by traffic
noise, on-site air pollutant production, on-site greenhouse gas production, energy conservation performance
compared to industry averages, waste generation rates compared to industry average or to targets of any industry
waste reduction plans, proportion of inputs that entail reuse or recycling, proportion of outputs that are reused or
recycled, proportion and extent of key foreshores or riparian habitats in natural state, diversity of key endemic
species and extent of pest species, domestic utilisation of green energy such as solar hot water systems.

86 Contaminated land
      (1) If the consent authority has information that indicates that a site has been used
      previously or is being used for any activity that is likely to have contaminated the site, the
      consent authority must not consent to development of that site until it has made an
       assessment as to whether remediation is to be carried out.
       (2) In making the assessment, the consent authority may require the applicant for
       development consent to undertake a contamination assessment that will require the
       investigation of previous uses, sampling and testing of the land to show if the land is
       contaminated.
       (3) If it is shown that the land is contaminated and requires remediation, the consent
       authority may require that a remediation action plan be prepared by the applicant for
       development consent to show that the land can be remediated, to a standard that can
       accommodate the proposed use, prior to the determination of any application for
       development consent.
       (4) In determining whether or not to grant consent to an application, the consent authority
       must take into consideration any guidelines, protocols or standards known to it that are
       relevant to remediation procedures and the type of contamination of the land that have
       been published by the Environment Protection Authority and the Department of
       Infrastructure, Planning and Natural Resources.
       (5) When granting such a consent, the consent authority may impose, but is not limited
       to, conditions that:
                (a) require remediation of the land or any part of it to an appropriate standard, and
                (b) prohibit the carrying out of development on any part of the land pursuant to
                consent until the consent authority accepts in writing an independent site audit
                statement verifying the remediation of the land to an appropriate standard.
       (6) Nothing in this clause affects the application of State Environmental Planning Policy
       No 55--Remediation of Land to land to which this clause applies.
87 Biodiversity
Before granting development consent for any development, and before undertaking any works,
the consent authority must be satisfied that:

       (a) the continuity of existing mangrove strands and salt marshes is maintained and
       adequate buffers are provided, and
       (b) any other nearby habitats and populations are preserved and opportunities identified
       for their enhancement through complementary landscaping, ecological restoration, habitat
       creation, planting and the form of the development, and
       (c) functional habitat is created through large continuous vegetated areas in preference to
       smaller, narrower, dispersed areas, and
       (d) linkages between existing aquatic and terrestrial ecological remnants are maximised.
88 Development of land adjacent to an environmental protection zone
The consent authority must not grant development consent for the development of land that is
adjacent to land in an environmental protection zone unless it has taken into consideration:

       (a) the need to protect and preserve the environmental protection zoned land, and
       (b) the need to retain any bushland on the adjacent land for a buffer zone, and
       (c) the effect of the proposed development on the adjoining bushland, including the
       erosion of soil, the siltation of streams and waterways and the spread of weeds and exotic
       plants, the effect of landscaping on local fauna, overshadowing, overland flow path and
       stormwater run-off, removal or degradation of existing vegetation, and light and noise
       effects on fauna, and
       (d) any other matters that are relevant to the protection and preservation of the bushland
       area.
89 Other ecological sustainability development controls
Before granting development consent for any development, the consent authority must give
consideration to whether:
       (a) a site water cycle management plan will be developed and implemented that addresses
       surface and ground water quality protection, surface water flow management, on-site
       retention, water sensitive urban design and stormwater, and
       (b) facilities and measures are included, wherever possible, for on-site management of
       trade waste and wastewater, as well as measures that have been developed to prevent
       environmental damage during flooding from on-site storage of waste and chemicals, and
       (c) a waste management plan will be developed and implemented that minimises the use
       of resources, and maximises the reduction, reuse and recycling of materials, and
       (d) all viable cleaner production measures are incorporated into the development, and
       (e) an energy management plan will be developed and implemented that focuses on the
       containment or reduction of greenhouse gas emissions through energy conservation or the
       use of alternative energy sources, and
       (f) a site air quality management plan will be developed and implemented to minimise
       local air quality impacts such as on-site dust, particulate and fuel emissions and impacts
       from traffic generated by the development, and
       (g) odour impacts will be assessed and mitigative measures employed that address
       adverse odour impacts from on-site activities or traffic generated by the development,
       and
       (h) the development will disturb contaminated river sediments in a way that creates a risk
       of water pollution and public health, and
       (i) in Camellia Precinct only, the development will disturb contaminated groundwater in
       a way that increases the risk of surface water pollution or concentration of groundwater
       under other properties, and
       (j) noise and vibration impacts have been assessed and mitigative measures employed
       consistent with the requirements of clause 75 so as to address unacceptable noise
       generated from the development or to address noise impacts from adjoining sites.
Schedule 1 Dictionary
(Clause 8 (1))

"Aboriginal place" means:

       (a) any site which has the physical remains of pre-European occupation by, or is of
       contemporary significance to, Aboriginal people. Such a site can (but need not) include
       items and remnants of the occupation of the land by Aboriginal people, such as burial
       places, engraving sites, rock art, midden deposits, scarred and carved trees and
       sharpening grooves, or
       (b) a natural Aboriginal sacred site or other sacred feature. These sites include natural
       features such as creeks or mountains of cultural significance, as well as initiation,
       ceremonial or story places or areas of more contemporary cultural significance.
"Acid sulfate soils" means actual or potential acid sulfate soils, as defined in the Acid Sulfate
Soils Assessment Guidelines.

"Acid Sulfate Soils Assessment Guidelines" means the Acid Sulfate Soils Assessment
Guidelines as published from time to time by the NSW Acid Sulfate Soils Management Advisory
Committee and adopted by the Director.

"Acid Sulfate Soils Planning Map" means the series of maps marked " Acid Sulfate Soils
Planning Maps " kept in the office of the Council.

"Adjoining land" means any land which abuts the land the subject of the development
application concerned or which would abut the land if it were not separated from it by a public
road.

"Advertisement" means a sign, notice, device or representation in the nature of an outdoor
advertisement visible from any public place or public reserve, or from any navigable water.

"Advertising structure" means a structure used or intended to be used principally for the
display of an advertisement, but does not include a pole or pylon sign.

"A.H.D." means Australian Height Datum.

"Amusement centre" means a building or place (not being a hotel or pub) used principally for
playing:

     (a) billiards, pool or other like games, or
     (b) electrically or mechanically operated amusement devices, such as pinball machines,
     video games and the like.
"Appointed day" means the day on which this Plan took effect.

"Archaeological assessment" means an assessment made by an archaeologist to determine the
archaeological potential of a site.

"Archaeological site" means a site identified as an archaeological site in Part 1 or 2 of Schedule
6 and shown on the City Centre Heritage Map, Harris Park Heritage Map, or Government
Heritage Map as an archaeological site. It includes a site known to the consent authority to have
archaeological significance even if it is not so identified and shown.

"Architectural roof features" means minor decorative features such as finials, flag poles and
the like.

"Area of National Significance" means the area shown edged with a broken blue line on the
Harris Park Precinct Special Areas Map.

"At-grade" means an access point or open space with a reduced level (R.L.) which generally
reflects the natural topography of the site but which may be augmented by stairs, terracing,
elevated platforms and the like, provided that convenient and sufficient disabled access is
provided through the site in accordance with the Building Code of Australia and that sufficient
solar, pedestrian and vehicular access is provided to adjacent properties.

"Attic" means a room contained within a pitched roof.

"Automotive uses" means a use of a building or work or land for the purpose of fuelling,
lubricating, cleaning, caring for, maintaining or repairing motor vehicles or of offering for sale
and installing automotive accessories or parts and includes a service station, a car repair station,
a motor showroom, an auto electrician's workshop, a shop for the sale of automotive spare parts,
tyres or car batteries, a tyre retreading workshop and any other establishment performing similar
functions, but does not include a panel beating workshop (other than a place used for panel
beating of a minor nature ancillary to a motor showroom).

"Backpackers' accommodation" means a building or part of a building providing temporary
accommodation for travellers and tourists who have their principal place of residence elsewhere
and having an average of two or more beds in each room and a communal kitchen, living areas
and laundry facilities.

"Bed and breakfast" means a dwelling in which the permanent residents provide short-term
accommodation (which may include meals) for commercial purposes.

"Boarding house" means a building or part of a building let in lodgings or a hostel which
provides lodgers with a principal place of residence, but does not include backpackers'
accommodation, a guest house, serviced apartments, or any other building defined in this
Schedule.

"Brothel" means premises habitually used for the purposes of prostitution or that are designed
for that purpose. Premises may constitute a brothel even though used by only one prostitute for
the purposes of prostitution.

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

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

"Bus station" means a building or place used as a terminal for the assembly and dispersal of
passengers travelling by bus.

"Bushfire hazard" means the potential severity of a bushfire as determined by climate and
weather patterns, vegetation (fuel), and slope.

"Bushfire hazard management works" means:

       (a) the controlled application of appropriate fire regimes or other means for the reduction
       or modification of available fuels within a predetermined area, or
       (b) the establishment or maintenance of fire breaks on land, or
       (c) any works for mitigating against the spread of a bush fire,
but does not include:

      (d) the construction of a track, trail, or road, or
      (e) the removal of leaf litter, or
      (f) minor maintenance work (other than works related to the establishment of fire breaks
      on land) that do not involve the removal or destruction of live vegetation.
"Bushfire hazard reduction" means a reduction or modification (by controlled burning or
mechanical or manual means) of material that gives rise to an increased bushfire hazard.

"Business identification sign" means a sign:

        (a) that indicates:
                 (i) the name of the person, and
                 (ii) the business carried on by the person,
        at the premises or place at which the sign is displayed, and
        (b) that may include the address of the premises or place and a logo or other symbol that
        identifies the business,
but that does not include any advertising relating to a person who does not carry on business at
the premises or place.
"Camellia Precinct Design Control Map" means the map marked " Camellia Precinct Design
Control Map " as amended by the maps (or specified sheets of maps) marked as " Sydney
Regional Environmental Plan No 28--Parramatta (Amendment No 7)--Camellia
Precinct--Design Control Map ".

"Camellia Precinct Height Map" means the map marked " Camellia Precinct Height Map " as
amended by the maps (or specified sheets of maps) marked as " Sydney Regional Environmental
Plan No 28--Parramatta (Amendment No 7)--Camellia Precinct--Height Map ".

"Camellia Precinct Heritage Map" means the map marked " Camellia Precinct Heritage Map
" as amended by the maps (or specified sheets of maps) marked as " Sydney Regional
Environmental Plan No 28--Parramatta (Amendment No 7)--Camellia Precinct--Heritage Map
".

"Camellia Precinct Special Areas Map" means the map marked " Camellia Precinct Special
Areas Map " as amended by the maps (or specified sheets of maps) marked as " Sydney Regional
Environmental Plan No 28--Parramatta (Amendment No 7)--Camellia Precinct--Special Area
Map ".

"Camellia Precinct Zoning Map" means the map marked " Camellia Precinct Zoning Map " as
amended by the maps (or specified sheets of maps) marked as " Sydney Regional Environmental
Plan No 28--Parramatta (Amendment No 7)--Camellia Precinct--Zoning Map ".

"Car parking station" means a building or place primarily used for the purpose of parking
motor vehicles (whether on a casual or permanent basis) in exchange for payment.

"Car repair station" means a building or place used for carrying out repairs to motor vehicles
or agricultural machinery, but not used for:

        (a) body building, or
        (b) panel beating involving dismantling, or
        (c) spray painting, except for touching up.
"Child care centre" means a building or place where a child care service (such as a service of
the kind provided at a long day care centre, a purpose-designed child care centre, an occasional
centre, an outside of school hours care centre, a pre-school centre or the like) is provided for the
purpose of education, minding or caring for 6 or more children, but does not include overnight
accommodation.

"City Centre Floor Space Ratio Map" means the map marked " Parramatta City Centre Floor
Space Ratio Map ", as amended by the maps (or the specified sheets of the maps) marked as
follows:

The amending maps are not necessarily listed in the order of gazettal. Information about the order of gazettal can be
determined by referring to the Historical notes at the end of the Plan.

       Sydney Regional Environmental Plan No 28--Parramatta (Amendment No
       3)--Parramatta City Centre Floor Space Ratio Map
       Sydney Regional Environmental Plan No 28--Parramatta (Amendment No
       6)--Parramatta City Centre--Floor Space Ratio Map
"City Centre Height Map" means the map marked " Sydney Regional Environmental Plan No
28--Parramatta (Amendment No 2)--City Centre Height Map ", as amended by the maps (or
specified sheets of the maps) marked as follows:

The amending maps are not necessarily listed in the order of gazettal. Information about the order of gazettal can be
determined by referring to the Historical notes at the end of the Plan.

        Sydney Regional Environmental Plan No 28--Parramatta (Amendment No
        3)--Parramatta City Centre Height Map
        Sydney Regional Environmental Plan No 28--Parramatta (Amendment No
        6)--Parramatta City Centre--Height Map
"City Centre Heritage Map" means the map marked " Parramatta City Centre Heritage Map
", as amended by the maps (or the specified sheets of the maps) marked as follows:

The amending maps are not necessarily listed in the order of gazettal. Information about the order of gazettal can be
determined by referring to the Historical notes at the end of the Plan.

"City Centre Special Areas Map" means the map marked " Parramatta City Centre Special
Areas Map--Height ", as amended by the maps (or the specified sheets of the maps) marked as
follows:

The amending maps are not necessarily listed in the order of gazettal. Information about the order of gazettal can be
determined by referring to the Historical notes at the end of the Plan.

       Sydney Regional Environmental Plan No 28--Parramatta (Amendment No
       3)--Parramatta City Centre Special Areas Map
       Sydney Regional Environmental Plan No 28--Parramatta (Amendment No
       6)--Parramatta City Centre--Special Areas Map, Sheet 5--Church Street
       Sydney Regional Environmental Plan No 28--Parramatta (Amendment No
       6)--Parramatta City Centre--Special Areas Map, Sheet 8--Civic Centre, Height
       Sydney Regional Environmental Plan No 28--Parramatta (Amendment No
       6)--Parramatta City Centre--Special Areas Map, Sheet 10--Civic Place, Design
       Framework
"City Centre Zoning Map" means the map marked " Parramatta City Centre--Zoning Map ",
as amended by the maps (or the specified sheets of the maps) marked as follows:

The amending maps are not necessarily listed in the order of gazettal. Information about the order of gazettal can be
determined by referring to the Historical notes at the end of the Plan.

        Sydney Regional Environmental Plan No 28--Parramatta (Amendment No
        3)--Parramatta City Centre Zoning Map
        Sydney Regional Environmental Plan No 28--Parramatta (Amendment No
        4)--Parramatta City Centre Zoning Map
        Sydney Regional Environmental Plan No 28--Parramatta (Amendment No
        6)--Parramatta City Centre--Zoning Map
"Civic Place" means land within the Parramatta City Centre that is located on the northern side
of the Parramatta Railway Station and bounded by Macquarie Street, Smith Street, Darcy Street
and Church Street Mall.

"Civic Square" means the public space within Civic Place as shown on the map marked "
Parramatta City Centre--Special Areas Map--Civic Place, Design Framework Map ", with
pedestrian linkages to the adjoining street network.

"Club" means a building or place which is used by persons associated, or by a body
incorporated, for social, literary, political, sporting, athletic or other lawful purposes and which
is, or is intended to be, registered under the Registered Clubs Act 1976.
"Commercial premises" means a building or place used as an office or for other business or
commercial purposes, but does not include a building or place elsewhere specifically defined, or
a building or place used for a purpose elsewhere specifically defined, in this Schedule.

"Communication device" means a satellite communication dish or similar structure, or a
television antenna or radio transmission mast or aerial, with a maximum height, width and depth
of no more than 5 metres.

"Community facility" means a building or place owned or controlled by the Council, another
public authority or a religious organisation, or associated body of persons, for the physical,
social, cultural, economic, intellectual or religious welfare of the community, which may consist
of or include:

      (a) a public library, rest rooms, meeting rooms, recreation facilities, a child care centre,
      cultural activities, social functions or any similar building, place or activity, or
      (b) a community club, being a building or place used by persons sharing like interests,
      but not a registered club,
whether or not that building or place is also used for another purpose.

"Complying development" (see clause 60).

"Conservation management plan" means a document prepared in accordance with the
provisions of the New South Wales Heritage Manual that establishes the heritage significance of
an item, place or heritage conservation area and identifies conservation policies and management
mechanisms that are appropriate to enable that significance to be retained.

"Contaminated land" has the same meaning as in section 145A of the Act.

"Demolish" a heritage item or a building, work, relic, tree or place within a heritage
conservation area means wholly or partly destroy or dismantle the heritage item or the building,
work, relic, tree or place.

"Dual occupancy" means two self-contained dwellings (whether attached or detached) on a
single allotment of land (or that would be on a single allotment were it not for the fact that the
allotment is to be subdivided as part of the development creating the dual occupancy).

"Dwelling" means a room or a suite of rooms occupied or used, or so constructed or adapted as
to be capable of being occupied or used, as a separate domicile.

"Dwelling house" means a building capable of containing one but not more than one dwelling.

"Eco-industrial development" means industrial development that contributes to the industrial
ecology of an area or system by:

       (a) producing energy, water or materials used by another industry, or
       (b) consuming energy, water or materials produced by another industry.
"Ecological restoration" means restoring the living communities, habitats, water and land
resources of an area to a more natural form and function.

"Ecologically sustainable development" means development that is based on the philosophy of
conserving and recycling resources to contribute to the restoration of underlying ecological
processes and that involves the integration of ecological processes such as on-site stormwater
absorption, soil conservation, grey water recycling, renewable energy harvesting, natural habitat
and air quality.

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

"Entertainment facility" means a public hall, theatre, cinema, music hall, concert hall, open air
theatre, music bowl or any other building of a like character used as such and whether used for
the purpose of gain or not, but does not include a place of public worship, an institution or
educational establishment.

"Exempt development" (see clause 59).

"Existing height" of a building means the height of the building at the commencement of this
Plan.

"Fascia sign" means a sign attached to the fascia or return of an awning.

"Flood liable land" (being synonymous with ‘flood prone land' and ‘floodplain') means an
area of land that is subject to inundation by floods up to, and including, an extreme flood such as
a probable maximum flood (PMF).

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

"Floor space area" of a building means the sum of the gross horizontal areas of each floor of
the building contained within the inner faces of the outer walls measured at a height of 1.5
metres above the floor, including the space occupied by internal walls, staircases, lobbies,
corridors and toilets, and above ground parking (for above ground parking, the floor space area is
measured at the inner side of the car safety barrier at the perimeter of the building), but not
including:

      (a) the horizontal cross section of lift shafts and vertical service ducts measured between
      the wall faces internal to the lift shaft or duct, or
      (b) any space permanently set aside within the building for underground parking (other
      than spaces used for public car parking), and for the unloading or loading of vehicles,
      including ramps or other means of access to it, or
      (c) any space for the accommodation of mechanical or electrical plant or equipment
      servicing the building, or
      (d) any terraces and balconies with walls less than 1.5 metres high.
"Floor space ratio" means the ratio of the floor space area of all buildings on a site to the site
area.

"Flush wall sign" means a sign which is attached to the wall of a building (other than the
transom of a doorway or display window) and not projecting more than 300 millimetres from the
wall.

"General advertising" means any advertising that does not relate, in its content, to the use of
the property on which the advertisement is to be displayed.
"Generating works" means a building or place used for the purpose of making or generating
gas, electricity or other forms of energy.

"Government Heritage Map" means the map marked " Government Precinct--Heritage Map ",
as amended by the maps (or the specified sheets of the maps) marked as follows:

The amending maps are not necessarily listed in the order of gazettal. Information about the order of gazettal can be
determined by referring to the Historical notes at the end of the Plan.

"Government Precinct Special Areas Map" means the map marked " Government
Precinct--Special Areas Map ", as amended by the maps (or the specified sheets of the maps)
marked as follows:

The amending maps are not necessarily listed in the order of gazettal. Information about the order of gazettal can be
determined by referring to the Historical notes at the end of the Plan.

"Government Precinct Zoning Map" means the map marked " Government Precinct--Zoning
Map ", as amended by the maps (or the specified sheets of the maps) marked as follows:

The amending maps are not necessarily listed in the order of gazettal. Information about the order of gazettal can be
determined by referring to the Historical notes at the end of the Plan.

"Habitat" means an area or areas occupied, whether or not only periodically or occasionally, by
a species, population or ecological community, and includes any biotic or abiotic component.

"Harris Park Heritage Map" means the map marked " Sydney Regional Environmental Plan
No 28--Parramatta (Amendment No 2)--Harris Park Precinct--Heritage Map ".

"Harris Park Precinct Design Control Map" means the map marked " Harris Park
Precinct--Design Control Map ", as amended by the maps (or specified sheets of maps) marked
as follows:

The amending maps are not necessarily listed in the order of gazettal. Information about the order of gazettal can be
determined by referring to the Historical notes at the end of the Plan.

       Sydney Regional Environmental Plan No 28--Parramatta (Amendment No 5)--Harris
       Park Precinct Design Control Map
"Harris Park Precinct Height Map" means the map marked " Harris Park Precinct--Height
Map ", as amended by the maps (or specified sheets of maps) marked as follows:

The amending maps are not necessarily listed in the order of gazettal. Information about the order of gazettal can be
determined by referring to the Historical notes at the end of the Plan.

"Harris Park Precinct Special Areas Map" means the map marked " Harris Park
Precinct--Special Areas Map ", as amended by the maps (or specified sheets of maps) marked as
follows:

The amending maps are not necessarily listed in the order of gazettal. Information about the order of gazettal can be
determined by referring to the Historical notes at the end of the Plan.

"Harris Park Precinct Zoning Map" means the map marked " Harris Park Precinct--Zoning
Map ", as amended by the maps (or specified sheets of maps) marked as follows:

The amending maps are not necessarily listed in the order of gazettal. Information about the order of gazettal can be
determined by referring to the Historical notes at the end of the Plan.
       Sydney Regional Environmental Plan No 28--Parramatta (Amendment No 5)--Harris
       Park Precinct Zoning Map
"Health care professional" means a person registered under the appropriate Act or by the
appropriate professional association and who provides professional health care services to
members of the public.

"Height" of a building means the vertical distance measured in metres to the ceiling of the
topmost floor from the horizontal plane at the average of the heights of the tops of the street
kerbs nearest to each end of the street frontage of the building but:

       (a) if the building has frontages to more than one street, the vertical distance is to be
       measured from the horizontal plane at the average of the heights of the tops of the street
       kerbs nearest to each end of the highest and lowest street frontages of the building, unless
       paragraph (b) or (c) applies, or
       (b) if the building has frontages to two streets forming a street corner, the vertical
       distance is to be measured from the horizontal plane at the average of the heights of the
       tops of the street kerbs nearest to each end of the higher or highest street frontage of the
       building, unless paragraph (c) applies, or
       (c) if the building does not have a frontage to a street 10 or more metres wide, the vertical
       distance is to be measured from the horizontal plane at the average of the heights of the
       tops of the street kerbs nearest to each end of the street frontage of the building to the
       widest street to which the building has a frontage, unless paragraph (d) applies, or
       (d) if the building does not have a frontage to any street, the vertical distance is to be
       measured from the natural ground level, as it was at the commencement of this Plan,
       directly below the topmost point of the building or, if it is higher than the natural ground
       level, from the floor level of the building that is nearest to the former natural ground level
       directly below that topmost point.
"Helipad" means an area or place not open to public use which is authorised by the Department
of Transport and set apart for the taking off and landing of helicopters.

"Heliport" means an area or place open to public use which is for the use of helicopters and
includes terminal buildings and facilities for the parking, servicing and repair of helicopters.

"Heritage conservation area" means land described in Part 3 of Schedule 6 and shown edged
heavy blue on any of the following maps:

       City Centre Heritage Map,
       Harris Park Heritage Map,
       Government Heritage Map,
and includes buildings, works, relics, trees or places situated on or within that land.

"Heritage impact statement" means a statement demonstrating the significance of an item, a
property or a relic, an assessment of the impact that proposed development will have on that
significance and the measures that are proposed to minimise that impact.

"Heritage item" means a building, work, relic, tree or place or a component of a building, work,
relic, tree or place, that is described in Part 1 or 2 of Schedule 6 and shown coloured blue on any
of the following maps:

       City Centre Heritage Map,
       Harris Park Heritage Map,
        Government Heritage Map.
"Heritage significance" means historical, scientific, cultural, social, archaeological,
architectural, natural or aesthetic value.

"High technology industry" means an enterprise that has as its primary function the
manufacture, development, production, processing or assembly of, or research into, any of the
following:

      (a) electronic and microelectronic systems, goods and components,
      (b) information technology, computer software and hardware,
      (c) instrumentation and instruments,
      (d) biological, pharmaceutical, medical or paramedical systems, goods and components,
      (e) other goods, systems and components intended for use in science and technology.
"Home activity" means any business, profession or industry carried on in a building or room or
a number of rooms forming part of, attached to, or within the curtilage of, a dwelling, where:

        (a) only goods made or produced, or services offered, as a result of the activity or pursuit
        are displayed, sold or provided, and
        (b) the primary use of the dwelling is for residential purposes, and
        (c) the activity is carried out by the permanent residents of the dwelling, and
        (d) the activity or pursuit does not:
                (i) interfere with the amenity of the locality by reason of the emission of excessive
                noise, vibration, smell, fumes, smoke, vapour, steam, soot, dust, waste water,
                waste products, grit, oil or otherwise, or
                (ii) involve exposure to view from any public place of any matter, or
                (iii) require the provision of any essential service main of greater capacity than
                that available in the locality, or
                (iv) generate traffic out of keeping with the surrounding area.
"Hospital" means a building or place (other than an institution) used for providing professional
health care services (such as preventative or convalescent care, diagnosis, medical or surgical
treatment, care for people with developmental disabilities, psychiatric care or counselling and
services provided by health care professionals) to people admitted as in-patients (whether or not
out-patients are also cared for or treated there) and includes:

      (a) ancillary facilities for the accommodation of nurses or other health care workers,
      ancillary shops or restaurants, and ancillary accommodation for persons receiving health
      care or for their visitors, and
      (b) facilities situated in the building or at the place and used for educational or research
      purposes, whether or not they are used only by hospital staff or health care workers, and
      whether or not any such use is a commercial use.
"Hotel" means premises which require a hotelier's licence to be granted under the Liquor Act
1982.

"Identified views" means historic and significant views identified in the Parramatta Strategy
1999.

"Industry" means:

       (a) any manufacturing process within the meaning of the Factories, Shops and Industries
       Act 1962, or
       (b) the breaking up or dismantling of any goods or any article for trade or sale or gain, or
       in a process ancillary to any business,
but does not include an extractive industry.

"Input/output directory" means a register maintained by Parramatta City Council that details
the energy, water and materials used and produced by industry in the Camellia Precinct, and
includes any guidelines for the provision of information to the register.

"Institution" means a penal or reformative establishment.

"Kiosk" means a structure used for the provision of food and drink for the refreshment of users
of the open space in which it is situated.

"Landscaped area" means the landscaped area in a residential lot used for the growth of plants,
grass and trees, but does not include buildings, structures or other hard paved areas.

"Light industry" means an industry in which the processes carried on, the transportation
involved, or the machinery or materials used, do not interfere unreasonably with the amenity of
the neighbourhood.

"Local shop" means a shop which operates primarily to serve the daily needs of the surrounding
residents or workers and does not exceed 60 square metres in gross floor area.

"Map" means a map kept in the office of Parramatta City Council (or in the Office of Holroyd
City Council if it relates wholly to land within that area). Copies of maps relating partly to land
within that area are also held in the office of Holroyd City Council.

"Markets" means land, a building or a place used on a temporary basis for the purpose of
selling, exposing or offering for sale by retail or hire, goods, merchandise, material or services.

"Master plan" means a plan adopted under this Plan as a master plan.

"Medical consulting rooms" means a room or a number of rooms within or attached to a
dwelling house, used by not more than 3 health care professionals, and where no more than 3
employees are employed, but does not include facilities for in-patient care.

"Motel" means premises (other than a backpackers' accommodation, boarding house, hotel,
residential building or serviced apartments) used for the temporary or short-term accommodation
of travellers, whether or not the premises are also used for the provision of meals to those
travellers or the general public.

"Motor showroom" means a building or place used for the display or sale of motor vehicles,
caravans or boats, whether or not motor vehicle accessories, caravan accessories or boat
accessories are also sold or displayed at the building or place.

"Multi-unit housing" means residential development resulting in two or more dwellings but not
a dual occupancy, and includes terraces, villas, townhouses, cluster housing, integrated housing
and residential flat buildings.

"Panel beating workshop" means a building or place used for the purpose of carrying out
repairs to motor vehicles and agricultural machinery, where the work involved includes:

       (a) body building, or
       (b) panel beating (which may or may not involve dismantling), or
       (c) spray painting.
"Place of public worship" means a building or place used for the purpose of religious worship
by a congregation or religious group, whether or not the building or place is also used for
counselling, social events, instruction or religious training.

"Pole or pylon sign" means a sign which is erected on a pole or pylon independent of any
building or any other structure.

"Potential archaeological site" means a site identified as a potential archaeological site in Part
1 or 2 of Schedule 6 and shown coloured blue on any of the following maps:

        City Centre Heritage Map,
        Harris Park Heritage Map,
        Government Heritage Map.
It includes a site known to the consent authority to be of potential archaeological significance
even if it is not so identified and shown.

"Primary Centre and Precincts Map" means the map marked " Sydney Regional
Environmental Plan No 28--Parramatta (Amendment No 7)--Parramatta and Precincts Map ".

"Probable maximum flood (PMF)" means the largest flood that could conceivably occur at a
particular location.

"Professional office suite" means a building or a place used for the purpose of accommodating
professional offices, occupied by no more than six people, but does not include a building or
place elsewhere specifically defined, or a building or place used for a land use elsewhere
specifically defined, in this Schedule.

"Prostitution" means sexual acts, or sexual services engaged in, in return for payment or other
reward.

"Public utility undertaking" means any undertaking carried on by, or under the authority of,
any Commonwealth or State Government department or agency, or pursuant to any
Commonwealth or State Act, for the purpose of providing:

       (a) railway, light railway, road, water or air transport, or wharf or river services or
       facilities, or
       (b) sewerage or drainage services, or
       (c) water, hydraulic power, electricity or gas, or
       (d) telecommunications facilities.
"Public works" means pedestrian walkways, streets, lane ways, squares, roads, playgrounds,
parks or car parks, open space, stairs, art works, furniture and other works in a public place
available for public use, enjoyment and activities.

"Recreation area" means:

       (a) a children's playground, or
       (b) an area used for sporting activities or sporting facilities, or
       (c) an area used by the consent authority to provide for the physical, cultural or
       intellectual welfare of the community, or
       (d) an area used by a body of persons associated together for the purposes of the physical,
       cultural or intellectual welfare of the community to provide recreation facilities for those
       purposes,
but does not include racecourses and showgrounds.

"Recreation facility" means a building or place used for sporting activities, recreation or leisure
activities, whether or not operated for the purpose of gain, but does not include a building or
place elsewhere specifically defined in this Schedule.

"Refreshment rooms" means premises in which meals or light refreshments are served to the
public for profit or reward, whether or not they are also used for live entertainment or dancing.

"Relic" means:

     (a) any deposit, object or material evidence (which may consist of human remains) that is
     more than 50 years old relating to the use or settlement of Parramatta, not being
     Aboriginal habitation, or
     (b) any deposit, object or material evidence (which may consist of human remains) of any
     age relating to Aboriginal habitation of the local government area of Parramatta.
"Remediation" means:

      (a) removing, dispersing, destroying, reducing, mitigating or containing the
      contamination of any land, or
      (b) eliminating or reducing any hazard arising from the contamination of any land
      (including by preventing the entry of persons or animals on the land).
"Resource recovery facility" means:

      (a) a facility that collects, sorts, dismantles, salvages or temporarily stores
      non-putrescible materials capable of re-use and resale, or
      (b) a facility that recovers, recycles or re-uses materials or energy from waste or
      by-products.
"Restricted premises" means a building or place at which:

       (a) publications classified Category 1 restricted, Category 2 restricted or RC under the
       Classification (Publications, Films and Computer Games) Act 1995 of the
       Commonwealth are shown, exhibited, displayed, sold or otherwise rendered accessible or
       available to the public, or
       (b) a business to which section 578E of the Crimes Act 1900 applies is conducted,
but does not include a newsagency or pharmacy.

"Rydalmere Precinct Design Control Map" means the map marked " Rydalmere Precinct
Design Control Map " as amended by the maps (or specified sheets of maps) marked as " Sydney
Regional Environmental Plan No 28--Parramatta (Amendment No 7)--Rydalmere
Precinct--Design Control Map ".

"Rydalmere Precinct Height Map" means the map marked " Rydalmere Precinct Height Map
" as amended by the maps (or specified sheets of maps) marked as " Sydney Regional
Environmental Plan No 28--Parramatta (Amendment No 7)--Rydalmere Precinct--Height Map ".

"Rydalmere Precinct Heritage Map" means the map marked " Rydalmere Precinct Heritage
Map " as amended by the maps (or specified sheets of maps) marked as " Sydney Regional
Environmental Plan No 28--Parramatta (Amendment No 7)--Rydalmere Precinct--Heritage Map
".
"Rydalmere Precinct Special Areas Map" means the map marked " Rydalmere Precinct
Special Areas Map " as amended by the maps (or specified sheets of maps) marked as " Sydney
Regional Environmental Plan No 28--Parramatta (Amendment No 7)--Rydalmere
Precinct--Special Areas Map ".

"Rydalmere Precinct Zoning Map" means the map marked " Rydalmere Precinct Zoning Map
" as amended by the maps (or specified sheets of maps) marked as " Sydney Regional
Environmental Plan No 28--Parramatta (Amendment No 7)--Rydalmere Precinct--Zoning Map
".

"Sea wall" means a structure placed partially or wholly along the shoreline to protect the land
from the sea or to stop accelerated erosion of the interface, but does not include a breakwater.

"Serviced apartments" means a building containing 2 or more self contained dwellings that are
not under separate strata title, and that:

        (a) are cleaned or serviced by the owner or manager of the building (or an agent of the
        owner or manager), and
        (b) provide private or communal facilities that are of adequate size and amenity,
        including, but not necessarily limited to, a laundry, guest reception and waiting area and
        external open space, and
        (c) provide temporary residential accommodation primarily for persons who have their
        principal place of residence elsewhere, such as tourists or visitors on business, and
        (d) are not subject to residential tenancy agreements within the meaning of the
        Residential Tenancies Act 1987, and
        (e) are not defined as "Backpackers' accommodation", "Bed and breakfast",
        "Boarding house", "Hospital" or "Hotel".
"Service station" means a building or place used for the fuelling of motor vehicles involving
the sale by retail of petrol, oil or other petroleum products, whether or not the building or place is
also used for one or more of the following purposes:

      (a) the hiring of vehicles and trailers,
      (b) the retail selling or the installation of spare parts and accessories for motor vehicles,
      (c) the washing and greasing of motor vehicles,
      (d) the repairing and servicing of motor vehicles (other than repair or servicing involving
      bodybuilding, panel beating or spray painting),
      (e) the retail selling or hiring of small consumer goods.
"Shop" means a building or place used for selling, exposing or offering for sale by retail, goods,
merchandise or materials.

"Shop-top housing" means a dwelling or dwellings located over a shop.

"Signage" means any sign, notice, device, representation or advertisement that advertises or
promotes any goods, services or events and any structure or vessel that is principally designed
for, or that is used for, the display of signage, and includes building and business identification
signs.

"Site area", for the purpose of calculating a floor space ratio, means contiguous land to which
an application for consent under the Act relates, but does not include any land on which the
development to which the application relates is not permitted by or under this Plan.

"Special Area" means land designated as a Special Area on the " City Centre Special Areas
Map ", " Harris Park Precinct Special Areas Map " or " Government Precinct Special Areas
Map ".

"Street frontage height" of a building, in relation to a street to which the building has a
frontage, means the vertical distance measured in metres at the centre of the frontage from the
average of the street levels at each end of the frontage to the parapet level of the building. The
parapet level is the horizontal plane in which at least two-thirds of the length of the top of the
facade of the building adjacent to the street is situated.

"Sun access plane diagram" means a diagram included in the document marked " Sydney
Regional Environmental Plan No 28--Parramatta--Sun Access Plane Diagrams ", kept in the
Parramatta Office of the Department and a copy of which is kept in the office of the consent
authority for land to which it relates, as amended by the specified sheets (that are so kept)
marked as follows:

The amending sheets are not necessarily listed in the order of gazettal. Information about the order of gazettal can be
determined by referring to the Historical notes at the end of the Plan.

      Sydney Regional Environmental Plan No 28--Parramatta (Amendment No 6)
"The Act" means the Environmental Planning and Assessment Act 1979.

"The Council" means the Council of the area concerned.

"Top hamper sign" means an advertising structure that is attached to the transom of a doorway
or display window of a building.

"Tourist facility" means an establishment providing holiday accommodation or recreational
facilities, or both, on a short-term basis, and may include:

      (a) hotels, motels, bed and breakfasts, serviced apartments, holiday cabins, caravan parks,
      camping grounds and houseboat facilities, and any associated swimming pools, golf
      courses, tennis courts and marinas, and
      (b) restaurants, and
      (c) souvenir shops, art and craft galleries and exhibition centres.
"Under awning sign" means an advertising structure which is affixed to the underside of an
awning.

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

Schedule 2 Master plan sites
(Clause 10)

Part 1
         • Civic Place--comprised of all land bounded by Macquarie Street, Smith Street, Darcy
         Street and the Church Street Mall, Parramatta.
         • The "Wyeth Site", 2A Gregory Place, Parramatta.
         • The block bounded by Hope Street, Weston Street, James Ruse Drive and Arthur
         Street, Rosehill.
         • The block bounded by Oak Street, Hope Street, James Ruse Drive and Arthur Street,
       Rosehill.
       • Rosehill Bowling Club, 110A Hassall Street, Rosehill.
       • Masonic Club, corner of George Street and Purchase Street, comprising 163-165
       George Street, 46 Hassall Street and 1 Purchase Street, Parramatta.
       • Woodbury Estate--Victoria Road.
       • Land covered by Rydalmere Business and Transport Centre zone where major
       redevelopment is proposed.
       • University of Western Sydney.
       • Sydney Water site, east and west of Railway line, Camellia.
       • Land covered by Camellia Business and Transport Centre zone.
       • Capral, 2 Unwin Street, Camellia.
       • Any site within the Camellia or Rydalmere Precincts with an area greater than 5
       hectares that is vacant or where major redevelopment is proposed.
Part 2
       • North Parramatta Mixed Use Zone, as identified in the Government Precinct Zoning
       Map.
Schedule 3 Exempt development
(Clause 59)

1 Advertising structures and displays
Unless prohibited in accordance with clause 70 (3) (a) or (b) or under the zoning table, erection
of an advertising structure and display of an advertisement on it, or the display of an
advertisement that is not on an advertising structure (other than an illuminated sign in a
residential zone) in any of the following cases:

       (a) The advertisement and any structure are not visible from outside the site on which
       they are displayed.
       (b) The advertisement is behind the glass line of a shop window.
       (c) The advertisement is a temporary advertisement for a social, cultural or recreational
       event that is displayed no more than 28 days before the event and is removed within 14
       days after the event.
       (d) The advertisement is a public notice displayed by a public authority giving
       information about a service.
       (e) The advertisement is a real estate sign advertising that the premises on which it is
       displayed are for sale or lease, and the advertisement and any structure together have a
       maximum area of 2.5 square metres on residential or rural premises, or 4.5 square metres
       on commercial or industrial premises.
       (f) The advertisement replaces one lawfully displayed on the same structure.
       (g) The advertisement displays a message relating to the premises on which it is situated
       and the advertisement and any structure together have a maximum area of:
               (i) 0.75 square metre in a residential or rural zone, or
               (ii) 10 square metres in an industrial zone, or
               (iii) 50% of the front elevation of a building on which it is displayed in a
               commercial business zone,
       and a maximum height of either 4.6 metres above ground level or the height of a first
       floor window sill and, if suspended from an awning along a public road, the
       advertisement is not lower than 2.6 metres above ground level.
2 Ancillary development
Development (such as landscaping, gardening, paving or the erection of minor structures) that is
ordinarily incidental or ancillary either to a use allowed by a development consent or to a lawful
existing use (as defined in section 106 of the Act), but only if:

       (a) any ancillary structure is erected at least 1 metre from each boundary of the site and
       extends no more than 3 metres above natural ground level, and
       (b) any ancillary structure, paving or hard surface area covers not more than 25 square
       metres, and
       (c) the development does not involve excavation beyond 600 millimetres below natural
       ground level, and
       (d) it does not involve handling, storing or using hazardous chemicals or materials
       otherwise than on a domestic scale (except on farms and at a distance of more than 25
       metres from any habitable building), and does not release any hazardous chemicals or
       materials or any pollutants into the environment, and
       (e) it does not involve a display of an advertisement unless allowed by some other
       provision, and
       (f) any ancillary structure located in a fire protection zone or an asset protection zone
       identified in a bush fire risk management plan in force under the Rural Fires Act 1997 is
       made of non-combustible materials.
3 Boundary adjustments
An adjustment to the boundary of an allotment that:

        (a) will not result in any building contravening the deemed-to-satisfy provisions of the
        Building Code of Australia, and
        (b) will not create any additional allotments.
Boundary adjustments resulting from subdivisions allowed by this item require a subdivision certificate under the E
P &; A Act in order to be registered at the Land Titles Office.

4 Building alterations
Building alterations (other than the making of, or an alteration to the size of, any opening in a
wall or roof of a building, such as a doorway, window or skylight) comprising:

        (a) non-structural alterations to the exterior of a building, such as painting, plastering,
        cement rendering, cladding, attaching fittings and decorative work, and
        (b) interior alterations to a building that do not affect the load-bearing capacity of any
        load-bearing component of the building.
5 Demolition
Demolition that is carried out in accordance with AS 2601-1991--The demolition of structures, of
any structure:

       (a) the erection of which would be exempt development under this plan, or a temporary
       building the erection of which would be complying development under this plan, and
       (b) covering an area of not more than 25 square metres.
6 Different use of a building
A new use of an existing lawful building in any of the following cases:

        (a) The new use is consistent with the classification of the building under the Building
        Code of Australia and replaces a former use being carried out in accordance with a
        development consent, and:
               (i) it is not actually or potentially a hazardous or offensive industry, and
               (ii) it does not involve the preparation of food for sale or consumption, and
               (iii) it is not prohibited by any provision.
        (b) The new use results from a change of building use from a shop to an office or from an
        office to a shop that is not in the business of preparing food for sale or consumption,
        where:
                (i) the new use replaces a former use being carried out in accordance with a
                development consent, and
                (ii) the use of not more than 200 square metres of floor space is changed, and
                (iii) the new use is not prohibited by any provision.
        (c) The new use is a temporary use of a building that does not exceed 25 metres in height
        for public entertainment over a period not exceeding 72 hours. [Note: A separate
        approval may be required from the Council under the]
A different use of a building allowed by item 6 does not allow building alterations as exempt development. Some
building alterations are allowed by other provisions of this Schedule.

7 Fences
Erection of boundary fences that comply with any relevant covenant or Council policy and:

        (a) are no more than 1.8 metres high if either in a rural zone or behind the building line in
        an urban zone, but do not include any masonry construction over 900 millimetres above
        ground level, or
        (b) are no more than 900 millimetres high if forward of the building line in an urban
        zone,
and are made of non-combustible materials if located in a fire protection zone or an asset
protection zone identified in a bush fire risk management plan in force under the Rural Fires Act
1997.

8 Flagpoles
Erection of flagpoles not more than 6 metres high that are structurally adequate, but only one per
site.

9 Home occupations
The use of premises for an occupation carried on only by the permanent residents of a dwelling
that does not require registration of the premises under the Factories, Shops and Industries Act
1962.

10 Public meetings
The use of a building that is a class 9b building under the Building Code of Australia for the
purpose of a public meeting.

Schedule 4 Complying development
(Clause 60)

Part 1 – Instances of complying development
Use                                        Outcomes
1 Bed and breakfast accommodation
The use of an existing lawful dwelling by (a) A maximum of 3 guest bedrooms.(b) A
its permanent residents for the temporary minimum of 2 bathrooms.(c) A smoke detection
accommodation of visitors for commercial system that complies with AS 3786-1993--Smoke
purposes.                                 alarms and AS 3000-1991--Electrical
                                          installations--Buildings, structures and premises (the
                                          SAA Wiring Rules) is in the dwelling.(d) A fire
                                             extinguisher and fire blanket are in the kitchen.(e)
                                             Approval has been obtained from the owners
                                             corporation, or the community, precinct or
                                             neighbourhood association, where the dwelling is
                                             subject to the Strata Schemes Management Act 1996
                                             or the Community Land Management Act 1989.
2 Commercial uses and building alterations
(1) A change of building use from a shop to (a) No increase to the total floor area of the
an office, or from a office to a shop.(2)   building.(b) No more than 2,000 square metres of
Internal alterations to a shop or an office floor area is changed from an office to a shop.(c) If a
that alter the load-bearing capacity of     change of building use, the new use must replace a
load-bearing components.                    former use carried out in accordance with a
                                            development consent. A change to a food shop will need to
                                             comply with the Food Act 1989 and associated regulations.
3 Houses and extensions
Development on lots over 450 but less than Group A in Part 2 below
1,000 square metres in area consisting
of:(a) erection of detached single-storey
dwellings (including single-storey
alterations and additions to detached
single-storey dwellings), or(b) development
ordinarily ancillary or incidental to
detached single-storey dwellings (for
example, erection of carports and garages).
Development on land identified as suitable Group B in Part 2 below
in an urban development strategy available
at the office of the Council consisting of:(a)
erection of detached two-storey dwellings
(including single or two-storey alterations
and additions to detached two-storey
dwellings), or(b) development ordinarily
ancillary or incidental to detached
two-storey dwellings (for example, erection
of carports and garages).
Development on lots 1,000 square metres Group C in Part 2 below (for lots 1,000 square
and over in area consisting of:(a) erection metres or more, but not larger than 2,500 square
of detached dwellings (including alterations metres)Group D in Part 2 below (for lots larger than
and additions to detached dwellings), or(b) 2,500 square metres)
development ordinarily ancillary or
incidental to detached dwellings (for
example, erection of carports and garages).
4 Industrial and warehouse buildings
The erection of an industrial or warehouse Group E in Part 2 below
building (including alterations and
additions) and its use consistently with the
classification of the building under the
Building Code of Australia otherwise than
for an actually or potentially hazardous or
offensive industry.
5 Swimming pools
Development for the purpose of swimming Group F in Part 2 below
pools on lots over 450 square metres in area
if the pool will be ordinarily ancillary to a
dwelling occupied for private use only.
6 Temporary buildings
The erection of a building and its use for a (a) Maximum height of the building is 1 storey.(b)
period not exceeding 5 years specified in Building is set back from every boundary of the lot
the application for a complying               by a minimum of 3 metres.
development certificate, being a building
that is not used for residential purposes or
for the storage or handling of inflammable
materials. The building must be completely
demolished or removed from the site no later than
60 days after the specified period ends or on or
before the fifth anniversary of the date of issue of
the complying development certificate, whichever
occurs first.

Part 2 – Outcomes
Group A
1 Streetscape
       (1) Each part of the structure:
              (a) complies with any relevant building line fixed by or under an environmental
              planning instrument or development control plan applying to the land, or
              (b) is set back at least 4 metres from the front boundary or at least to the average
              of the minimum setbacks of any like structures on land each side of the subject
              property, whichever is the greater.
       (2) Carports and garages facing a public street or accessway are not more than 6 metres
       or 50 percent of the frontage wide, whichever is the lesser.
2 Energy efficiency
The dwelling has at least a 3.5 star rating under the House Energy Rating Scheme (NatHERS).

3 Bulk and scale
       (1) The ground floor level of the structure at any point is not more than 500 millimetres
       above natural ground level.
       (2) The distance between the floor level and the underside of the eaves is not more than
       2.7 metres.
       (3) The roof openings are flush with the roof pitch.
       (4) The next door property's main area of private open space, and any habitable rooms in
       that property, are not in shadow between 10 a.m. and 3 p.m. on 21 June, as a result of the
       development.
       (5) The external wall of each structure affected by the proposed development is at least
       900 millimetres from the nearest side and the rear boundaries.
4 Privacy and security
Windows in a habitable room that are within 9 metres of, and allow an outlook to, a window of a
habitable room in a neighbour's house:

      (a) are offset from the edge of one window to the nearest edge of the other by a distance
      of at least 0.5 metre, or
      (b) have sill heights of at least 1.7 metres above floor level, or
      (c) have fixed obscure glazing in any part of the window below 1.7 metres above floor
      level.
5 Open space and landscaping
       (1) A minimum of 20 percent of the site must be soft landscaped, that is, not a hard
       surface.
       (2) Not more than one-third of the front setback area is to be paved or sealed.
Group B
1 Streetscape
       (1) Each part of the structure:
              (a) complies with any relevant building line fixed by or under an environmental
              planning instrument or development control plan applying to the land, or
              (b) is set back at least 4 metres from the front boundary or at least to the average
              of the minimum setbacks of any like structures on land each side of the subject
              property, whichever is the greater.
       (2) Carports and garages facing a public street or accessway are not more than 6 metres
       or 50 percent of the frontage wide, whichever is the lesser.
2 Energy efficiency
The dwelling has at least a 3.5 star rating under the House Energy Rating Scheme (NatHERS).

3 Bulk and scale
       (1) The ground floor level of the structure at any point is not more than 500 millimetres
       above natural ground level.
       (2) The distance between the floor level and the underside of the eaves is not more than
       5.5 metres.
       (3) The roof openings are flush with the roof pitch.
       (4) The next door property's main area of private open space, and any habitable rooms in
       that property, are not in shadow between 10 a.m. and 3 p.m. on 21 June, as a result of the
       development.
       (5) The external wall of each structure affected by the proposed development is at least
       1.5 metres from the nearest side and the rear boundaries.
4 Privacy and security
       (1) Windows in a habitable room that are within 9 metres of, and allow an outlook to, a
       window of a habitable room in the neighbour's house:
               (a) are offset from the edge of one window to the nearest edge of the other by a
               distance of at least 0.5 metre, or
               (b) have sill heights of at least 1.7 metres above floor level, or
               (c) have fixed obscure glazing in any part of the window below 1.7 metres above
               floor level.
       (2) No balconies or decks are at the first floor level.
5 Open space and landscaping
       (1) A minimum of 20 percent of the site must be soft landscaped, that is, not a hard
       surface.
       (2) Not more than one-third of the front setback areas is to be paved or sealed.
Group C
1 Streetscape
       (1) Each part of the structure:
               (a) complies with any relevant building line fixed by or under an environmental
               planning instrument or development control plan applying to the land, or
               (b) is set back at least 4 metres from the front boundary or at least to the average
               of the minimum setbacks of any like structures on land each side of the subject
               property, whichever is the greater.
       (2) Carports and garages facing a public street are not more than 6 metres or 50 percent
       of the frontage wide, whichever is the lesser.
2 Energy efficiency
The dwelling has at least a 3.5 star rating under the House Energy Rating Scheme (NatHERS).
3 Bulk and scale
       (1) The ground floor level of the structure at any point is not more than 500 millimetres
       above natural ground level.
       (2) The distance between the floor level and the underside of the eaves is not more than
       2.7 metres for a single-storey house and 5.5 metres for a two-storey house.
       (3) The roof openings are flush with the roof pitch.
       (4) The next door property's principal area of ground level private open space, and any
       habitable rooms in that property, are not in shadow between 10 a.m. and 3 p.m. on 21
       June as a result of the development.
       (5) The external wall of each structure affected by the proposed development is at least
       900 millimetres from the nearest side and the rear boundaries.
4 Privacy and security
Windows in a habitable room that are within 9 metres of and allow an outlook to a window of a
habitable room in the neighbour's house:

      (a) are offset from the edge of one window to the nearest edge of the other by a distance
      of at least 0.5 metre, or
      (b) have sill heights of at least 1.7 metres above floor level, or
      (c) have fixed obscure glazing in any part of the window below 1.7 metres above floor
      level.
5 Open space and landscaping
A minimum of 50 percent of the site must be soft landscaped, that is, not a hard surface.

Group D
1 Streetscape
Each part of the structure:

      (a) complies with any relevant building line fixed by or under an environmental planning
      instrument or development control plan applying to the land, or
      (b) is set back at least 20 metres from the front boundary or at least to the average of the
      minimum setbacks of any like structures on land each side of the subject property,
      whichever is the greater.
2 Energy efficiency
The dwelling has at least a 3.5 star rating under the House Energy Rating Scheme (NatHERS).

3 Bulk and scale
       (1) All structures are within a building envelope of not more than 500 square metres. The
       building envelope can be made up of a number of smaller envelopes that in total are not
       more than 500 square metres.
       (2) The ground floor level of the structure at any point is not more than 500 millimetres
       above natural ground level.
       (3) The distance between the floor level and the underside of the eaves is not more than
       2.7 metres for a single-storey house and 5.5 metres for a two-storey house.
       (4) The roof openings are flush with the roof pitch.
       (5) The external wall of each structure affected by the proposed development is at least
       20 metres from the nearest side and the rear boundaries.
4 Open space and landscaping
A minimum of 50 percent of the site must be soft landscaped, that is, not a hard surface.

Group E
1 Setbacks
Each part of the structure is set back at least 5 metres from the nearest road boundary.

2 Floor space ratio
The floor space ratio (ratio of the total floor space in all buildings to the site area) is not more
than 1:1.

3 Building height
       (1) The height of any wall is not greater than 7.2 metres, excluding any parapet.
       (2) Parapets may extend a maximum of 1.2 metres above the intersection of any wall and
       the roof.
       (3) Each roof pitch is no more than 10 degrees.
       (4) The site is not cut or filled so as to alter a level by more than by 500 millimetres.
4 Drainage
       (1) All roof and surface water is drained to the street and discharged into the Council's
       nearest stormwater drainage system in the street.
       (2) The drainage system is designed for a 1 in 10 year storm event, and so that any excess
       will flow overland to the street.
5 Garbage and storage areas
Garbage and storage areas are on-site and behind the building line for the property.

6 Landscaping
       (1) A landscaped strip of at least 3 metres to each street frontage is planted with a canopy
       of trees and shrubs.
       (2) The driveway has a maximum width of 7 metres.
7 Parking, loading and unloading
       (1) Car parking on-site is provided at the rate of at least one space for each 70 square
       metres of gross floor area, or one space for every 2 employees, whichever is the greater.
       (2) There is space for loading and unloading of vehicles within the site.
       (3) Driveway widths and turning circles on-site comply with Roads and Traffic Authority
       standards.
Group F
1 Streetscape
The pool will not be between the dwelling and front boundary.

2 Bulk and scale
       (1) All coping or decking around the pool is not more than 500 millimetres above the
       natural ground level.
       (2) The pool is at least 1.5 metres from the nearest side and the rear boundaries.
3 Privacy and security
The noise level of any filtration equipment or pumps does not exceed 5 dBA above the ambient
background level measured at the property boundary.

4 Open space and landscaping
A minimum of 20 percent of the site must be soft landscaped, that is, not a hard surface.

5 Installation and construction
The installation and construction of the pool complies, where relevant, with:

        (a) AS/NZS 1838:1994-Swimming pools--Premoulded fibre-reinforced plastics--Design
        and fabrication, and AS/NZS 1839:1994-Swimming pools--Premoulded fibre-reinforced
        plastics--Installation, or
        (b) AS 2783-1992--Use of reinforced concrete for small swimming pools.
6 The pool and surrounding structures
The pool and surrounding structures comply with AS 1926.2-1995--Swimming pool
safety--Location of fencing for private swimming pools.

Part 3 – Complying development certificate conditions
Before you begin work
1
Two days before any site works, building or demolition begins, the applicant must:

       • forward Notice of Commencement of Work and Appointment of Principal Certifying
       Authority (Form 7 of the Regulation) to the Council, and
       • notify the adjoining owners that work will commence.
2
Before any site works, building or demolition begins, the applicant must:

        • notify the Council of the name, address, phone number and licence number of the
        builder, and
        • erect a sign at the front of the property with the builder's name, licence number, site
        address and consent number, and
        • provide a temporary on-site toilet, and
        • protect and support any neighbouring buildings, and
        • protect any public place from obstruction or inconvenience due to the carrying out of
        the development, and
        • prevent any substance from falling onto a public place, and
        • follow any other conditions prescribed by the Regulation.
This item does not impose a requirement on an applicant if it is complied with by the builder.

Site management
3
Run-off and erosion controls must be implemented to prevent soil erosion, water pollution or the
discharge of loose sediment on surrounding land, as follows:

       • divert uncontaminated run-off around cleared or disturbed areas, and
       • erect a silt fence to prevent debris escaping into drainage systems or waterways, and
       • prevent tracking of sediment by vehicles onto roads, and
       • stockpile top soil, excavated material, construction and landscaping supplies and
       debris within the site.
4
Removal or disturbance of vegetation and top soil must be confined to within 3 metres of the
proposed building.

Drainage
5
The land surrounding any structure must be graded to divert surface water to the street, and must
be clear of existing and proposed structures and adjoining premises.

6
Where the water falls to the rear of the property, it must be collected and drained via a gravity
system to a Council stormwater line or disposed of in a manner consistent with the Council's Soil
and Water Management Policy.
Inspections during construction
7
The applicant must notify either the Council or an accredited certifier in advance (at least 48
hours in writing or 24 hours by phone) to inspect the following:

       • erosion controls, site works and site set out, before building starts, and
       • placement of piers or foundation before placing footings, and
       • steel reinforcing before pouring concrete, and
       • framework of structure before lining or cladding is fixed, and
       • stormwater drainage and on-site detention before backfilling, and
       • wet areas treated before lining or tiling.
Hours of works
8
Any building work must be carried out between 7.00 a.m. and 6.00 p.m. Monday to Friday and
8.00 a.m. to 5.00 p.m. Saturdays, but not on public holidays.

Survey certificate
9
The following survey certificate must be given to the principal certifying authority, at the
following stages:

       • on completion of floor slab framework before concrete is poured, detailing the
       location of the structure to the boundaries, and
       • at completion of the lowest floor, confirming that levels are in accordance with the
       certificate (which levels must relate to the datum shown on the certificate).
Safety
10
Fire safety measures must be included.

Site access
11
Where kerb and gutter is provided:

       driveways are to be a minimum of 500 millimetres clear of all drainage structures on the
       kerb and gutter and are not to interfere with the existing public utility infrastructure,
       including Council drainage structures, unless prior approval is obtained from the relevant
       authority.
12
Where kerb and gutter is not provided:

       a gravel vehicular entrance incorporating a 375 millimetre diameter stormwater pipe and
       concrete headwalls or a 6 metre by 6 metre concrete slab dish drain shall be constructed
       to provide access to the lot.
13
Driveways are to be a minimum of 6 metres from a road intersection.

14
Driveways are to be constructed in accordance with any relevant requirements of AS
2890.1-1993--Parking facilities--Off-street car parking, with appropriate transition zones.

Removal of temporary building
15
Any building erected for use for a specified period of not more than 5 years pursuant to Part 1 of
this Schedule must be completely demolished or removed from the site no later than 60 days
after the specified period ends.

Schedule 5 Classification and reclassification of public land
as operational land
(Clause 71)

Part 1 – Interests not changed
Column 1            Column 2
Locality            Description
Harris Park
Parkes Street,      Lot 1, DP 604304, Lot 15, DP 539448, Lot 1, DP 601591, Lot 4, DP 575528,
between Station Lot 5, DP 574406, Lot 6, DP 540450, Lot 4, DP 529723 and Lot 2, DP
Street East and 524788, as shown edged heavy black on the map marked " Parramatta Local
the Charles Street Environmental Plan (Reclassification of Public Land under SREP No 28)
Extension          (Amendment No 2) ".

Part 2 – Interests changed
Column 1 Column 2                                                                Column 3
Locality Description                                                             Trusts etc not
                                                                                discharged
Harris
Park
Alice      Lot 39, DP 10853, Lot 1, DP 115243 and Lot A, DP 188738, as           Nil.
Street    shown edged heavy black on Sheet 9 of the map marked "
          Parramatta Local Environmental Plan (Reclassification of Public
          Land under SREP No 28) (Amendment No 1) ".
Ruse       Lot 27, DP 10853, as shown edged heavy black on Sheet 9 of the        Nil.
Street    map marked " Parramatta Local Environmental Plan
          (Reclassification of Public Land under SREP No 28) (Amendment
          No 1) ".
56A        Lot 1, DP 934758, as shown edged heavy black on Sheet 8 of the        Nil.
Wigram map marked " Parramatta Local Environmental Plan
Street    (Reclassification of Public Land under SREP No 28) (Amendment
          No 1) ".
Parramatt
a
Charles    Lots 2 and 3, DP 632003, Lot 2, DP 623527 and Lots 8A and 9A,         Nil.
Street    DP 370517, as shown edged heavy black on Sheet 6 of the map
Extension marked " Parramatta Local Environmental Plan (Reclassification of
          Public Land under SREP No 28) (Amendment No 1) ".
Civic      Lot 1, DP 791300, as shown hatched on the map marked "                Nil.
Place     Parramatta Local Environmental Plan (Reclassification of Public
          Land) Civic Place ".
Erby       Lots 1 and 2, DP 812461, as shown edged heavy black on Sheet 3        Nil.
Place     of the map marked " Parramatta Local Environmental Plan
Carpark (Reclassification of Public Land under SREP No 28) (Amendment
         No 1) ".
Fennell   Lots A and B, DP 159311, Lot 1, DP 998949, Lot 7, DP 843045       Nil.
Street   and Lots 1-3, DP 436171, as shown edged heavy black on Sheet 1 of
Carpark the map marked " Parramatta Local Environmental Plan
         (Reclassification of Public Land under SREP No 28) (Amendment
         No 1) ".
Horwood Lot 100, DP 607789, Lot 2, DP 701456, Lot 1, DP 442837, Lots        Right of way as
Place    1-4, DP 207864 and Lots 3-8, DP 229762, as shown edged heavy      noted on
Carpark black on Sheet 4 of the map marked " Parramatta Local              Certificate of
         Environmental Plan (Reclassification of Public Land under SREP Title Folio
         No 28) (Amendment No 1) ".                                        Identifier
                                                                           1/442837.
Macquari Lots 3A and 4A, DP 322456, Lot 5, DP 7809, Lot 1, DP 128928,       Nil.
e Street Lot C, DP 390897 and Lot 20, DP 706341, as shown edged heavy
Carpark black on Sheet 5 of the map marked " Parramatta Local
         Environmental Plan (Reclassification of Public Land under SREP
         No 28) (Amendment No 1) ".
Phillip   Lot 1, DP 791693, as shown edged heavy black on Sheet 2 of the    Nil.
Street   map marked " Parramatta Local Environmental Plan
Carpark (Reclassification of Public Land under SREP No 28) (Amendment
         No 1) ".
Wentwort Part Lot 1, DP 731072 and Lot 421, DP 746665, as shown edged       Nil.
h Street heavy black on Sheet 7 of the map marked " Parramatta Local
Carpark Environmental Plan (Reclassification of Public Land under SREP
         No 28) (Amendment No 1) ".

Schedule 6 Heritage items
(Schedule 1)

Part 1
Street No       Street Name            Name or Description of   Property Description
                              Precinc items
                              t
--              Alfred          Harris Boundary Stone           --
               Street(adj 45 Park
               Weston
               Street)
--              Alfred          Harris Boundary Stone           --
               Street(alongsi Park
               de Clay Cliff
               Creek)
16, 18, 20      Alice Street Harris Experiment Farm             Lots 37-39DP 10853
                              Park environs
61, 63, 65      Alice Street Harris Elizabeth Farm              Lots 15-17 Sec 2DP 4630
                              Park archaeological site
70              Alice Street Harris Elizabeth Farm House         Lot B, Pt Lot C, Lot DDP
                              Park and associated public        26507 Lot DDP 411727
                                      reserve
1                 Barrack     City Convict Barracks wall      Lot 6 Sec 17DP 80784
                 Lane(100    Centre
                 (rear)
                 Macquarie
                 Street)
1                 Barrack     City Cottages                   Lot 6 Sec 17DP 80784
                 Lane(100    Centre
                 (rear)
                 Macquarie
                 Street)
39                Campbell    City    David Lennox's House    Lot 1DP 83294
                 Street      Centre
47                Campbell    City    Masonic Centre          Lot 7DP 67534
                 Street      Centre
182               Church      City      Bicentennial Square and Pt Lot 1DP 791300
                 Street      Centre    adjoining buildings
182               Church      City      Parramatta Town Hall      Pt Lot 1DP 791300
                 Street      Centre    and potential
                                       archaeological site
188               Church         City Murrays' Building and       Pt Lot 23DP 55292
                 Street(south Centre potential archaeological
                 east cnr)             site
195               Church         City St John's Pro-Cathedral DP 88548
                 Street         Centre
195 (rear)        Church         City Warden's                    DP 88548
                 Street(47      Centre Cottage(Verger's Cottage)
                 Hunter Street)
196 (opposite)    Church         City Centennial Memorial         --
                 Street         Centre Clock
                 Bicentennial
                 Square
197               Church         City Shop and potential          Lot 1DP 710335
                 Street         Centre archaeological site
198, 200, 202,    Church         City Horse Parapet Facade and Lot 1DP 89790Lot 1DP
204, 206, 208,   Street(40-46 Centre potential archaeological 89558Lot 1DP 72798Lot 1DP
210, 212, 214,   Macquarie             site                      650150
216              Street)
213               Church         City Telstra House (former       Lots 1 and 2 DP 578322
                 Street(93-93a Centre Post Office) and potential
                 Marsden               archaeological site)
                 Street)
215, 217          Church         City HMV (former                 Lot EDP 15013
                 Street         Centre Commonwealth Bank) and
                                       potential archaeological
                                       site
235, 237          Church         City Former Court House wall Lots 1 and 2DP 205570
                 Street         Centre and sandstone cellblock
                                       and potential
                                       archaeological site
263, 265          Church         City Shops and offices           Pt Lot ADP 151565
                 Street         Centre
264               Church       City Westpac Bank               Lot 1DP 952497
                 Street(cnr   Centre
                 George
                 Street)
286 (rear), 288, Church            City Sandstone and brick wall Lot 1DP 210616Lot 1DP
290              Street          Centre                           128501Lot 5DP 516126Lot
                                                                  2DP 216665
306               Church           City Former ANZ Bank and        DP 65743
                 Street(cnr      Centre potential archaeological
                 Phillip Street)         site
349 (adj), 351    Church           City Lennox Bridge              --
                 Street          Centre
353c              Church           City Alfred Square and          Lot 1DP 724837
                 Street          Centre potential archaeological
                                         site
356               Church           City St. Peter's Uniting        Lot BDP 154618
                 Street          Centre Church and potential
                                         archaeological site
366, 368          Church           City Anthony Malouf &; Co Lot ADP 90292
                 Street          Centre
387               Church           City Royal Oak Hotel and        DP 85794
                 Street          Centre Stables and potential
                                         archaeological site
448, 450          Church           City Commercial Building        DP 70506
                 Street          Centre
476               Church           City Former bakery and          Lot 3DP 741890
                 Street          Centre potential archaeological
                                         site
1                 Cowper           City Llonells                   Lot 1DP 935059
                 Street          Centre
3                 Cowper           City Jeshyron                   Lot 1DP 935060
                 Street          Centre
3                 Darcy            City Parramatta Station         DP 733457
                 Street(also     Centre
                 Argyle Street)
31                Fennell          City Stable and potential       Lot 101DP 612005
                 Street(423      Centre archaeological site
                 Church
                 Street)
1a, b, c          Fleet Street Govt Parramatta Girls'              Pt MS 2486SYPt 22665SY
                                 Precinc Training School
                                 t
5a                Fleet Street Govt Cumberland Hospital            Lot 3DP 808447
                                 Precinc including Wisteria
                                 t       Gardens
4                 George           City Parramatta Hospital        Lot 51DP 859100
                 Street          Centre archaeological site
10                George           City Brislington property,      Lot 2DP 827963
                 Street(cnr      Centre Moreton Bay fig tree and
                 Marsden                 potential archaeological
                 Street)                 site
12            George        City    Court House Tower         Sec 20TOWNMAP
             Street        Centre
16            George        City    Former Rural Bank         Lot 1DP 68450
             Street        Centre
17            George        City    Marsdens Building and     Lot 1DP 598663
             Street        Centre  potential archaeological
                                   site
19            George         City Woolpack Hotel and          Lot 1DP 74937
             Street         Centre potential archaeological
                                   site
45            George         City Shops and potential          Lot 1DP 701456Lot LDP
             Street         Centre archaeological site        400566
69            George         City Roxy Cinema                  DP 76080
             Street         Centre
85            George         City Perth House Property,       Lot 10DP 814413
             Street         Centre Moreton Bay fig tree and
                                   potential archaeological
                                   site
90            George         City Shop and Office and         Lot 101DP 634495
             Street         Centre potential archaeological
                                   site
153           George         Harris Tara (also known as       Lot 1DP 182726
             Street         Park Ellengowan)
182           George         City Harrisford and potential    Lot 1DP 59495
             Street         Centre archaeological site
198           George         Harris Queen's Wharf Reserve      Lot 60Sec 23DP 939368Lot
             Street(Queen' Park and stone wall and            ADP 959111Lot 1DP
             s Park)               potential archaeological   128847Lot ADP 444716Lot
                                   site                       1DP 126881
198           George         Harris HMAS Parramatta            Lot unnumbered
             Street         Park memorial
             (Queen's
             Park)
198 adj       George         Harris Gasworks Bridge           --
             Street         Park
101           Harris Street Harris Experiment Farm             Pt Lots 12, 13, 16 and YDP
                            Park environs                     401280
2a            Hassall        City Commercial Hotel             Lot 23DP 746354
             Street (cnr    Centre
             Station Street
             East)
45 (part)     Hassall        Harris Experiment Farm            Pt Lot X,DP 401280Pt Lots
             Street         Park environs                     12 and 13,DP 8430
47            Hassall        Harris Hambledon Cottage and      Lots 2 and 3DP 391496
             Street         Park Fig Tree
2             Horwood        City Redcoats' Mess House        Lot 2DP 702154
             Place (48-50 Centre and potential
             George                archaeological site
             Street)
100 (rear)    Macquarie      City Convict Barracks wall       Lot 6 Sec 17DP 80784
             Street(1       Centre and potential
               Barrack Lane)          archaeological site
100 (rear)      Macquarie     City     Cottages and potential   Lot 6 Sec 17DP 80784
               Street(1      Centre   archaeological site
               Barrack Lane)
119             Macquarie     City      Leigh Memorial Uniting Lot 1DP 628809
               Street        Centre    Church
175             Macquarie     City      Arthur Phillip High      Lots 1-3DP 115296Lot
               Street        Centre    School and potential     414DP 820542Lot 23DP 7809
                                       archaeological site
1                Marist Place City St. Patrick's Cathedral,      Lots 1, 2 and 11 Sec 1DP
                               Centre Presbytery and precinct 758829
                                       and potential
                                       archaeological site
                Marsden          City Parramatta Dam             Weir
                Street         Centre archaeological site
1                O'Connell       City St. John's Cemetery        Sec 5TOWNMAP
                Street         Centre
12, 14           O'Connell       City Travellers' Rest Inn       Pt Lots 11 and 33Sec 12DP
                Street(16      Centre Group and potential       939368Pt Lot 2DP 127028Pt
                Hunter Street)         archaeological site      Lot 1DP 234243
24               O'Connell       City Marsden Rehabilitation Lot 1 70a DP 60568Lots 7
                Street(Marist Centre Centre and potential       and 8 Sec 1DP 126895
                Place)                 archaeological site
73               O'Connell       Govt Parramatta Gaol            Lot 1DP 734689Lot 2DP
                Street         Precinc                          734689
                               t
--               O'Connell       Govt Parramatta Regional Park C6982C9290MS 80SY
                Street         Precinc
                               t
2                Palmer          City Studio Theatre and         Lot 1DP 609963
                Street         Centre potential archaeological
                                       site
2                Phillip         City Former St. Andrew's        Lot 54 Sec 24TOWNMAP
                Street(corner Centre Uniting Church, Hall and
                Marsden                potential archaeological
                Street)                site
34               Phillip Street City Willow Grove and            Lot 1DP 569139
                               Centre potential archaeological
                                       site
44, 46, 48, 50, Phillip Street City St. George's Terrace and Lot 1DP 742271Lot 1DP
52, 54, 56                     Centre potential archaeological 770901
                                       site
66, 68           Phillip Street City Barnaby's Restaurant and Lots 1 and 2DP 128452
                               Centre potential archaeological
                                       site
70, 74           Phillip Street City Office and potential        Lots 1 and 2DP 621858
                               Centre archaeological site
60               Prospect        Harris Two-storey residence     Lot CDP 337810
                Street         Park
62               Prospect        Harris Two-storey residence     Lot CDP 330938
                Street         Park
11c                Ross Street     City Electricity Substation and Lot 2DP 234466
                                  Centre potential archaeological
                                         site
7, 13              Ruse Street Harris Experiment Farm              Lot 29DP 10853Lot 27DP
                                  Park Archaeological site (part) 10853
8, 10, 12          Ruse Street Harris Experiment Farm              Lots 14-16DP 10853
                                  Park environs
9                  Ruse Street Harris Experiment Farm and          Lot 28DP 10853Lot 1DP
                                  Park potential archaeological 256428
                                         site
2                  Smith Street City Lancer Barracks Group         Lot 396DP 39627
                                  Centre
11                 Victoria        City Rose &; Crown Hotel and Lot 1DP 67120
                  Road(cnr        Centre potential archaeological
                  Sorrell Street)        site

Part 2

Street No       Street    Precinct Name or              Property Description
               Name               Description of items
1, 3            Ada       Harris Single-storey          Lots A and BDP 382156
               Street    Park     residence
2, 4            Ada       Harris Two timber             Lots 6 and 7 Sec 2DP 395
               Street    Park     cottages
5, 7, 9, 11,    Ada       Harris Group of timber        Lot 1DP 102221Lots 1 and 2DP
13             Street    Park     houses               128488Lot 1DP 914300Lots 47A and
                                                       46ADP 443448
6, 8, 10, 12    Ada       Harris Terrace houses         Lots 1-4DP 545737
               Street    Park
3, 5, 9, 11,    Albion    Harris Group of cottages Lots 36, 37, 39-42 and 46Sec 1DP
13, 15, 17,    Street    Park                          415Lot 1DP 980531Lot 1DP 940350Lot
19, 21                                                 45DP 128721
4, 6, 12, 14, Albion      Harris Group of cottages Lot 1DP 448228Lots 20, 23 and 27 Sec 2
16, 18, 20 Street        Park                          DP 415Lot 24DP 792204Lot 1DP
                                                       809580Lot 22DP 951380
24, 26, 28,     Albion    Harris Group of cottages Lots 15-18 Sec 2DP 415Lots A and BDP
30, 32         Street    Park                          908056
25, 27, 29,     Albion    Harris Group of cottages Lot 48ADP 372015Lots 49, 50, Pt Lot
31, 33, 35,    Street    Park                          51, Lots 53-59 and Pt Lot 60Sec 1DP
37, 39, 41,                                            415Lot 1DP 974664DP 448297
43, 45, 47,
49, 51
36, 38, 42,     Albion    Harris   Group of cottages    Lot 9 Sec 2DP 415Lot 2DP 316665Lots
44, 46, 48,    Street    Park                          A-CDP 388161Pt Lots 1A and 2ADP
50, 52                                                 333608
3, 5            Alice     Harris   Cottage              Lot 101DP 805828Lot 9 Sec 1DP
               Street    Park                          981167
6, 10           Alice     Harris   Cottages             Lots 3 and 34DP 10853
               Street    Park
22, 24, 28      Alice     Harris   Group of cottages   Lots 40, 41 and 43DP 10853
               Street    Park
33           Allen       Harris   Convent of Mercy Lots 6-8DP 13579
            Street      Park
83           Argyle      City     Shop             Lot BDP 80421
            Street      Centre
87           Argyle      City      Shop (former    Lot 2DP 202699
            Street      Centre    terrace)
89, 91       Argyle      City      Shop (former    Lot BDP 74592Lots 11 and 12DP
            Street      Centre    terrace)        871688
93, 95       Argyle      City      Shops           Lot BDP 331034Lot CDP 413622
            Street      Centre
7            Brisbane         Two-storey
                         Harris                   Lot 14 Sec 3DP 981167
            Street      Park residence
14           Brisbane         Single-storey
                         Harris                   Lot ADP 81680
            Street      Park residence
40           Brodie           Subiaco             Lot 100DP 622959
            Street   Rydalme archaeological site
                     re
1                     Harris Single-storey        Lot 18DP 874
            Cambridg Park    residence
            e Street
3                     Harris Single-storey        Lot 17DP 874
            Cambridg Park    residence
            e Street
5                     Harris Single-storey        Lot 16DP 874
            Cambridg Park    residence
            e Street
138          Church City      Shop (former Fire Lot 409DP 729616
            Street   Centre Station)
243, 245,    Church City      Parramatta House Lot 1DP 74622
247         Street   Centre and potential
                             archaeological site
253          Church City      Shop                Lot BDP 380265
            Street   Centre
255          Church City      Shop                Lot 1DP 587804
            Street   Centre
257, 259,    Church City      Shop and potential Lots 4-9DP 239534Lot 2DP 527452
261         Street   Centre archaeological site
267          Church City      Shop and potential Lots 1 and 2DP 400078
            Street   Centre archaeological site
269          Church City      Shop and potential Lot CDP 185864
            Street   Centre archaeological site
273          Church City      Shop and potential Lot BDP 324965
            Street   Centre archaeological site
275, 277     Church City      Shops and potential Lot 2DP 709743, Lot 2DP 331350, Lot
            Street   Centre archaeological site EDP 340000
279          Church City      Shop/office and     Lot 10DP 733123
            Street   Centre potential
                             archaeological site
300          Church City      Shop and potential Lot 1DP 211499
            Street   Centre archaeological site
330          Church City      former David Jones Lots 2 and 3DP 788637
             Street       Centre    Department Store
353a (adj)    Church       City      Horse trough         --
             Street       Centre
446           Church       City     Shop                  Lot 1DP 204902
             Street       Centre
458           Church       City     Bicycle Shop          Pt Lot 7DP 840294
             Street       Centre
9             Cowper       City     Cowper Cottage        Lot 61DP 633712
             Street       Centre
2             Crown        Harris    Single-storey        Lot 6 Sec 2DP 981167
             Street       Park      residence
4             Crown        Harris    Single-storey        Lot 1DP 996846
             Street       Park      residence
5             Crown        Harris    Single-storey        Lot CDP 326493
             Street       Park      residence
6             Crown        Harris    Esperanto            Lot 10 Sec 2DP 981167
             Street       Park
7             Crown        Harris    Single-storey        Lot 1DP 91466Lot 1DP 90506
             Street       Park      residence
8             Crown        Harris    Single-storey        Pt Lots 12 and 14 Sec 2DP 981167
             Street       Park      residence
10            Crown        Harris    Single-storey        Lot 6DP 37348
             Street       Park      residence
11            Crown        Harris    St Paul's Anglican   Lots 15 and 17 Sec 3DP 981167
             Street       Park      Church
16, 18        Crown        Harris    Single-storey        Lots A and BDP 328215
             Street       Park      residence and
                                    electricity
                                    substation
22            Crown        Harris    Single-storey        Lot 1DP 998205Lot 2DP 948286
             Street(cnr   Park      residence
             Good
             Street)
             Dunlop  Govt     Stone kerb and      West Arm
             Street Precinct gutter
45            EleanorHarris Victorian cottage Lot 10DP 11195
             Street Park
57, 59, 61,   EleanorHarris Eleanor Street        Lot 1DP 970441Lot 19 Sec EDP
63, 65, 67,  Street Park     Group               1249Lot 1DP 982772Lot 1DP
69, 71, 73,                                      936955Lots X and YDP 399671Lots 1
75, 77, 79                                       and 2DP 115056Lots 20A and 20BDP
                                                 380534Lot 21 Sec EDP 1249
61-79 (both Fleet    Govt     Stone kerbing and --
sides)      Street  Precinct tree planting
48           George City      Civic Arcade        Lot 1DP 209142
            Street  Centre (former theatre) and
                             potential
                             archaeological site
167 (opp)    George Harris Trees in median        --
            Street  Park     strip
169          George Harris Bulimba                Lot 2 Sec SDP 1249
              Street  Park
173            George Harris       Cottage             Lot 4 Sec SDP 1249
              Street  Park
200-220        George Harris       Residential flats    Lot 25DP 35969Lots 18, 19, 20, 22, 23
              Street  Park        and houses           and 24DP 35895Lots 28 and 29DP
                                                       504954
123            Good     Harris     Former Store         Lot 1DP 5009
              Street   Park
139            Good     Harris     Brick house         Lot 1DP 981538
              Street   Park
144            Good     Harris     Two-storey          Lot BDP 324294
              Street   Park       residence
148            Good     Harris     Cottage             Lot 3DP 84621
              Street   Park
              Grand                Tram alignment
              Avenue   Camellia
1              Grand             Sewage Pumping Lot 2DP 430623
              Avenue   Camellia Station 67
1b (adj)       Grand             Clyde Carlingford
              Avenue   Camellia Rail Bridge
                                abutments
1b (off)       Grand             Grave of Eliner
              Avenue Camellia Magee &; child
10             Grand             Wunderlich            Lot 4DP 623497
              Avenue Camellia
32             Grose    City     Single-storey         Pt Lot 12 and Lot 13Sec 17 TOWNMAP
              Street   Centre residence
59             Harris   Harris Cottage                 Lot ADP 105869
              Street   Park
64, 66, 68,    Harris   Harris Group of cottages Lot 35 Sec 2DP 415Lot 1DP 934806Pt
70, 72, 76,   Street   Park                           Lot 37 andLots 38, 39 and 42 Sec 2 DP
78                                                    415Lot 2DP 738287
65             Harris   Harris Cottage                 Lot 1DP 816802
              Street   Park
67, 69         Harris   Harris Cottages                Lots 1 and 2DP 531819
              Street   Park
82, 84, 86,    Harris   Harris Group of cottages Lots 44-46 Sec 2DP 415Lot 47DP
88            Street   Park                           178143
90, 92, 94,    Harris   Harris Group of cottages Lots 48 and 49 Sec 2DP 415Lots 1 and
96, 98        Street   Park                           2DP 511375Lot 52 Sec 2DP 415
100, 102,      Harris   Harris Group of cottages Lots 53-55 and Pt Lot 56 Sec 2DP
104, 106,     Street   Park                           415Lot 20DP 851684Lot 1DP 333070Lot
108, 110                                              60DP 735064
109            Harris   Harris Robin Thomas            Lots 1, 2, 6, 7 and 8DP 192710
              Street   Park     Reserve
                                (archaeological site)
23, 25         Hassall City      Semi-detached         Lot 2DP 218476Lot 1DP 218476
              Street   Centre cottages
30             Hassall City      Timber cottage        Lot 22 Sec 1DP 241
              Street   Centre
42             High     City     Two-storey            Pt Lot 23 Sec 11DP 241Lot 1DP
            Street    Centre    residence             81523Lot 1DP 81603
49, 51       High      City      Attached houses       Lot 2DP 530845Lot BDP 388388
            Street    Centre
65           High      City      Single-storey        Lot 48 Sec 1DP 976Lot 1DP 576223
            Street    Centre    residence
67           High      City      Single-storey        Lot BDP 421597
            Street    Centre    residence
40           Hunter    City      St. John's Parish    DP 88548
            Street    Centre    Hall
            (195
            Church
            Street)
41           Hunter    City      Two-storey           Lot 1DP 27310
            Street    Centre    residence
102          James     Harris    Victorian cottage    Lot 1DP 128275
            Ruse      Park
            Drive
41, 43                  City     Semi-detached        Lot 21DP 12623
              Lansdown Centre   cottages
              e Street
49, 51                  City     Semi-detached        Lot 19DP 12623
              Lansdown Centre   cottages
              e Street
64                      City     Kia Ora and          Lot AYDP 400258
              Macquari Centre   potential
              e Street          archaeological site
78                      City     Apartment Block/     Part Lot 1DP 232067
              Macquari Centre   Flats
              e Street
9, 11, 13, 17, Marion City       Cowper/Marion        see individual items below
20, 23, 26, Street     Centre   Street Group
28, 29, 31,
37, 38
and
1, 3           Cowper City       Cowper/Marion        see individual items within Part 1
              Street   Centre   Street Group
9              Marion City       House/ Industrial    Lot 1DP 794747
              Street   Centre
11             Marion City       Single-storey        Lot 1DP 574174
              Street   Centre   residence
13             Marion City       Residence--Mona      Lot 1DP 528361
              Street   Centre
17             Marion City       Attached             Lot 1DP 600258
              Street   Centre   House/Office
20             Marion City       Single-storey        Lot 2DP 524232
              Street   Centre   residence
23             Marion City       Attached             Lot 5 Sec 1DP 976
              Street   Centre   House/Office
26             Marion City       Single-storey        Lot 2DP 909383
              Street   Centre   residence
28             Marion City       Single-storey        Lot 1DP 966322
               Street      Centre     residence
29              Marion      City       Single-storey       Lot 8 Sec 1DP 976,Lot 1DP 345868
               Street      Centre     residence
31              Marion      City       Single-storey       Lot 9DP 128787
               Street      Centre     residence
37              Marion      City       Single-storey       Lot 12 Sec 1DP 976
               Street      Centre     residence
38              Marion      City       Two-storey          Lot 9DP 906071
               Street      Centre     residence
42, 44, 46,     Marion      Harris     Group of cottages  Lots X and YDP 394228Lot 24 Sec 1DP
48             Street      Park                          395Lot ADP 377229
65, 69, 71,     Marion      Harris     Group of cottages Lot 12DP 2114Lots 5-10DP 2114
73, 75, 77,    Street      Park
79
1-19            Noller      Harris     Residential flats   Lot 12DP 35969Lots 13, 14 and 17DP
               Parade      Park       and houses          35895Lots 30 and 31DP 521965Lots 26
                                                          and 27DP 214403
4, 6, 8, 10,    Oak         Harris     Oak Street cottage Lot 17 Sec 4DP 4630Lots 161 and
12             Street      Park       group               162DP 229139Lots A and BDP 412714
               Parramatt               Wetlands
               a River     Camellia
               Parramatt               Wetlands
               a River   Rydalme
                         re
12              Prospect Harris        Single-storey       Lot 25 Sec 1DP 1775
               Street    Park         residence
22-42           Prospect Harris        Rosehill Public      Lot 20 Sec 1DP 1775Lots 1 and 2 Sec
               Street    Park         School               XDP 1249Lots 6, 7 and 8 Sec 1DP
                                                           1249Lots 4 and 8DP 6355
23             Prospect Harris         Single-storey        Lot 9DP 6518
              Street    Park          residence
25             Prospect Harris         Single-storey       Lot 10DP 6518
              Street    Park          residence
2, 4, 6, 8, 10 Purchase Harris         Timber cottages      Lots 1 and 2DP 170909Lots 1 and 2DP
              Street    Park                               115224DP 172693
14             Ross      City          Single-storey        Lot BDP 439568
              Street    Centre        residence
16             Ross      City          Wine Bar Bistro     Lot 1DP 834630
              Street    Centre
38             South                   Truganini House     Lot 10DP 774181
              Street    Rydalme       and grounds
                        re
24, 26         Station Harris          Attached houses     Lot 1DP 102660Lot 1DP 110145
              Street    Park
              East
32, 34         Station Harris          Attached houses     Lots 101 and 102DP 819487
              Street    Park
              East
36, 38, 40     Station Harris          Terrace             Lot BDP 430267
              Street    Park
              East
42, 44    Station      Harris    Attached houses   Pt Lot ADP 430267
         Street       Park
         East
48        Station      Harris     Single-storey    Lots 3 and 4 Sec 1DP 395
         Street       Park       residence
         East
1         Station      City       Two-storey       Lot 34 Sec 1DP 976
         Street       Centre     residence
         West
7         Station      City       Single-storey    Lot 31 Sec 1DP 976
         Street       Centre     residence
         West
         Unwin                   RTA Depot         Lot 120DP 817742
         Street       Camellia
2         Unwin                  Capral Aluminium Lot 1DP 818736
         Street (4a   Camellia
         James
         Ruse
         Drive)
--        Victoria     City      Horse trough      --
         Road (adj    Centre
         353a
         Church
         Street)
171       Victoria          UWS Parramatta    Lot 100DP 816829
         Road      Rydalme Campus (former
                   re      Rydalmere Hospital
                           &; Female Orphan
                           School)
171       Victoria          Clyde Carlingford
         Road      Rydalme Rail Bridge
         (adj)     re      abutments
213a      Victoria          Railway Station   Lot 51-54DP 843244
         Road      Rydalme
                   re
213a      Victoria          Stationmaster's   Lot 1DP 178390
         Road      Rydalme residence
                   re
19, 21              City    Attached houses   Lot 7DP 555797Lot 5DP 531926
         Wentwort Centre
         h Street
34        Weston Harris Single-storey         Lot 17 Sec 1DP 4630
         Street    Park    bungalow
37        Weston Harris Iona                  Lot 6 Sec 2DP 4630
         Street    Park
41        Weston Harris St Mons               Lot 8 Sec 2DP 4630
         Street    Park
69        Weston Harris Elderslie             Lot 24DP 744307Lot 2DP 975867
         Street    Park
77        Weston Harris Single-storey         Lot 1DP 112790
         Street    Park    residence
79              Weston    Harris    Single-storey        Lot 1DP 626736
               Street    Park      residence
80              Weston    Harris    Neryda               Lot 11 and Pt Lot 13 Sec 2DP 981167
               Street    Park
85              Weston    Harris    Single-storey        Lot 1DP 745744
               Street    Park      residence
87              Weston    Harris    Single-storey        Lot 6 Sec 1DP 981167Lots 1 and 2DP
               Street    Park      residence            199790
33-35           Wigram    Harris    St Oliver's Catholic Lots 2, 3 and 4DP 13579Lot 1DP 128932
               Street    Park      Church, School and
                                   Presbytery
37              Wigram    Harris    Single storey        Lot 1DP 13579
               Street    Park      residence
48              Wigram    Harris    Single-storey        Lot 13DP 239088
               Street    Park      residence
59, 61, 63,     Wigram    Harris    Group of cottages Lots 24, 27 and 28 Sec 1 DP 415Lot
65             Street    Park                           101DP 717736Lot BDP 348320
62, 64, 66,     Wigram    Harris    Group of cottages Lots 27 and 28DP 320465Lots C and
68, 70, 72,    Street    Park                           DDP 395244Lots 32-35 Sec 1DP 395Lots
74, 76, 78,                                             1 and 2DP 776184
80
73, 75, 77,     Wigram    Harris    Group of cottages    Lots 18-20 Sec 1DP 415Lot 1DP
79             Street    Park                           906109Lot 1DP 905430Lot 17DP 128556
83, 85, 87,     Wigram    Harris    Single-storey        Lots 10-13 Sec 1DP 415
89             Street    Park      residence
84, 88, 90,     Wigram    Harris    Group of dwellings Lot 37DP 177351Lot 45 Sec 1DP 395Pt
92, 94, 102    Street    Park                          Lot 1DP 905616Lot BDP 384444
93, 95, 97,     Wigram    Harris    Single-storey       Lot ADP 927881Lots 1 and 2 DP
99, 101, 103   Street    Park      residence           501502Lots 1-4Sec 1DP 415
105 (part)      Wigram    Harris    Single-storey shop Lots 27 and 28 Sec 2DP 2371Lot 101DP
               Street    Park                          789695
113, 115        Wigram    City      Attached Houses     Lot YDP 403345Lot XDP 403345
               Street    Centre

Part 3
Elizabeth Farm Heritage Conservation Area

Experiment Farm Heritage Conservation Area

Harris Park West Heritage Conservation Area

Schedule 7 Minor development
(Clause 10 (2))

Development is minor development for the purposes of clause 10 if it comprises any one or more
of the following:

        (a) a change of use of a building if the change of use does not involve any increase in the
        total floor space of the building,
       (b) the provision and use of outdoor seating or tables or any item of street furniture
       (including benches, bollards, council information signs, public artwork installations,
       street lights, and telephone kiosks) on a footpath, in a plaza, or other public place,
       (c) the erection of a sign on a building, if the sign does not exceed 2.5 square metres in
       area and is located so that no part of the sign extends above the ridge line of the building,
       (d) a temporary use for 2 years or less (not being a temporary use described in paragraph
       (f)) if the temporary use will have only minimal environmental impact,
       (e) the enclosure of a balcony,
       (f) the use of public domain for any temporary structure or event, including the exhibition
       of an art work, a performance, a festival or special promotion, if the proposed structure or
       event is to be installed for, or to take place over, a period of not more than 30 days,
       whether consecutive or not, in any period of 12 months,
       (g) any strata or stratum subdivision of land for the purpose of other development for
       which development consent has been granted and is in force,
       (h) the demolition of any building or other structure, other than a building or structure
       that is identified as a heritage item or an item of the environmental heritage in an
       environmental planning instrument or in a heritage study prepared by or on behalf of a
       consent authority,
       (i) the carrying out of any internal commercial or retail fitout,
       (j) any extension or other variation of a use due only to a change in operating or trading
       hours,
       (k) any exempt development not otherwise included in this Schedule.
Schedule 8 Savings and transitional provisions
(Clause 84)

Saving of effect of certain amendments
The repeal of clause 5 (1)-(4) and Schedule 7 by Sydney Regional Environmental Plan No
28--Parramatta (Amendment No 2) does not affect any repeal or amendment made by those
provisions before the commencement of that plan.

Schedule 9 Bulky goods retailing
(Clause 41J)

                              Parramatta Road Industrial Zone
Column 1                            Column 2
Goods                               Floor space area (m
                                   2)
Antiques and second hand goods      500
Automotive parts and accessories    500
Electrical goods                    1,000
Floor coverings                     500
Furniture                           1,000
Hardware                            1,000
Kitchen or bathroom fixtures and    250
fittings
Lighting                            500
Office supplies                     1,000
Outdoor products                    1,000
Take away food                         No minimum
Tiles (floor, ceiling, wall)           No minimum
Toys or sporting equipment             1,000
Video hire                             500

Historical notes
The following abbreviations are used in the Historical notes:

Am      amended            LW legislation          Sch      Schedule
                               website
Cl      clause             No number               Schs    Schedules
Cll     clauses            p    page               Sec     section
Div     Division           pp pages                Secs    sections
Divs    Divisions          Reg Regulation          Subdiv
                                                          Subdivision
GG       Government        Regs Regulations
        Gazette                                   Subdivs Subdivision
                                                          s
Ins     inserted           Rep repealed            Subst substituted

      Table of amending instruments Sydney Regional Environmental Plan No 28--Parramatta
      published in Gazette No 95 of 20.8.1999, p 6161 and amended as follows:Sydney
      Regional Environmental Plan No 28--Parramatta (Amendment No 1) (GG No 29 of
      25.2.2000, p 1450)Sydney Regional Environmental Plan No 28--Parramatta (Amendment
      No 2) (GG No 113 of 20.7.2001, p 5501)Sydney Regional Environmental Plan No
      28--Parramatta (Amendment No 3) (GG No 122 of 10.8.2001, p 5979)Sydney Regional
      Environmental Plan No 28--Parramatta (Amendment No 4) (GG No 54 of 1.3.2002, p
      1339)Sydney Regional Environmental Plan No 28--Parramatta (Amendment No 5) (GG
      No 263 of 20.12.2002, p 10933)Sydney Regional Environmental Plan No 28--Parramatta
      (Amendment No 6) (GG No 60 of 14.3.2003, p 4141)Parramatta Local Environmental
      Plan (Reclassification of Public Land)--Civic Place (GG No 116 of 25.7.2003, p
      7471)Parramatta Local Environmental Plan (Reclassification of Public Land under
      SREP No 28) (Amendment No 1) (GG No 185 of 21.11.2003, p 10699)Sydney Regional
      Environmental Plan No 28--Parramatta (Amendment No 7) (GG No 191 of 5.12.2003, p
      11000)Parramatta Local Environmental Plan (Reclassification of Public Land under
      SREP No 28) (Amendment No 2) (GG No 21 of 6.2.2004, p 441)Statute Law
      (Miscellaneous Provisions) Act 2004 No 55. Assented to 6.7.2004. Date of
      commencement of Sch 2.39, assent, sec 2 (2).Statute Law (Miscellaneous Provisions) Act
      (No 2) 2004 No 91. Assented to 10.12.2004. Date of commencement of Sch 2.79, assent,
      sec 2 (2).
200 No Statute Law (Miscellaneous Provisions) Act 2006. Assented to 20.6.2006.Date of
6 58 commencement of Sch 2.66, assent, sec 2 (2).
200       State Environmental Planning Policy (Repeal of Concurrence and Referral
8 (571 Provisions) 2008. GG No 157 of 12.12.2008, p 11946.Date of commencement,
    )    15.12.2008, cl 3.

        Table of amendments
Cl 3                   Am 20.7.2001.
Cl 4                   Am 20.7.2001; 5.12.2003.
Cl 5                   Am 25.2.2000; 20.7.2001; 5.12.2003.
Cl 10                  Am 25.2.2000; 20.7.2001.
Cll 12, 14, 15           Am 5.12.2003.
Cl 17                    Am 10.8.2001; 1.3.2002; 14.3.2003.
Cl 26                    Am 14.3.2003.
Cl 27                    Am 10.8.2001; 14.3.2003.
Cl 28                    Am 10.8.2001; 14.3.2003; 2004 No 55, Sch 2.39 [1].
Cl 29                    Am 5.12.2003.
Part 4, Div 2, heading   Subst 20.7.2001.
Part 4, Div 2            Ins 20.7.2001.
Cll 29A-29G              Ins 20.7.2001.
Cl 29H                   Ins 20.7.2001. Am 1.3.2002.
Cll 29I-29L              Ins 20.7.2001.
Part 4, Div 3 (cll       Ins 20.7.2001.
29M-29U)
Cl 30                    Am 5.12.2003.
Cl 32                    Am 14.3.2003.
Cl 39                    Am 5.12.2003.
Part 7                   Subst 5.12.2003.
Part 7, Div 1, heading   Ins 5.12.2003.
Cl 40                    Subst 5.12.2003.
Part 7, Divs 2-5 (cll    Ins 5.12.2003.
40A-40V)
Part 8                   Subst 5.12.2003.
Part 8, Div 1, heading   Ins 5.12.2003.
Cl 41                    Subst 5.12.2003.
Part 8, Divs 2-5 (cll    Ins 5.12.2003.
41A-41W)
Cl 43                     Am 2008 (571), Sch 2.15 [1].
Cl 45                     Am 2008 (571), Sch 2.15 [2].
Cl 48                     Rep 2008 (571), Sch 2.15 [3].
Cl 50                     Am 2008 (571), Sch 2.15 [4]-[6].
Cl 51                     Am 2008 (571), Sch 2.15 [7].
Cl 57, table              Am 25.2.2000; 5.12.2003.
Cl 58                     Am 20.7.2001; 5.12.2003.
Cl 59                     Am 5.12.2003.
Cl 60                     Am 20.7.2001.
Cl 69                     Am 5.12.2003; 2004 No 55, Sch 2.39 [2]; 2006 No 58, Sch 2.66; 2008
                         (571), Sch 2.15 [8] [9].
Cl 70                     Am 5.12.2003.
Cl 71                     Subst 21.11.2003.
Cl 72                     Am 2008 (571), Sch 2.15 [10]-[12].
Cl 72, table              Am 20.7.2001.
Cl 75                     Am 5.12.2003.
Cl 76                     Subst 5.12.2003. Am 2008 (571), Sch 2.15 [13].
Cl 83                     Am 2008 (571), Sch 2.15 [14].
Cl 84                     Ins 20.7.2001.
Part 12 (cll 85-89)       Ins 5.12.2003.
Sch 1                     Am 20.7.2001; 10.8.2001; 1.3.2002; 20.12.2002; 14.3.2003; 5.12.2003.
Sch 2                     Am 20.7.2001; 5.12.2003.
Sch 3                     Am 5.12.2003.
Sch 5                     Am 25.7.2003. Subst 21.11.2003. Am 6.2.2004.
Sch 6                     Am 20.7.2001; 5.12.2003; 2004 No 91, Sch 2.79.
Sch 7   Am 25.2.2000. Subst 20.7.2001.
Sch 8   Ins 20.7.2001.
Sch 9   Ins 5.12.2003.

								
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