Manly Local Environmental Plan 1988 As at 11 March 2011 Part 1

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Manly Local Environmental Plan 1988 As at 11 March 2011 Part 1 Powered By Docstoc
					Manly Local Environmental Plan 1988
As at 11 March 2011

Part 1 – Preliminary
1 Name of plan
This plan may be cited as Manly Local Environmental Plan 1988.

2 Land to which plan applies
This plan applies to all land within the Municipality of Manly as shown on the map.

3 Aims and objectives
      (1) The general aims and objectives of this plan are:
             (a) to repeal all the existing local planning controls which apply to the land shown
             on the map and to replace those controls with a single local environmental plan,
             (b) to give the council greater responsibility for environmental planning by
             creating only broad controls in this plan and leaving more detailed local
             environmental planning provisions in the development control plans provided by
             the council,
             (c) to simplify the general restrictions on development by reducing the number of
             land use zones,
             (d) to encourage further development of the commercial centres to cater for the
             retail, commercial, entertainment, welfare and recreational needs of residents and
             visitors,
             (e) to increase the availability and variety of dwellings to enable population
             growth without having adverse effects on the character and amenity of the
             Municipality,
             (f) to recognise that tourism is a major industry and employer in Manly and to
             endeavour to encourage its growth and continuing viability,
             (g) to conserve and protect Aboriginal relics and items of the environmental
             heritage being buildings, works, relics or places of historic, scientific, cultural,
             social, archaeological, traditional, architectural, natural or aesthetic significance,
             (h) to manage change within the Municipality so that Aboriginal relics and items
             of the environmental heritage that contribute to its special sense of place are
             protected and conserved,
             (i) to preserve and enhance the amenity of defined environmentally sensitive
             areas, public places and areas visible from public places or from navigable waters
             around the Municipality,
             (j) to ensure that new development does not detract from the very special visual
             quality of the Municipality,
             (k) to interrelate movement systems with land use, and
             (l) to increase safety and amenity of residential, commercial and industrial
             precincts without downgrading accessibility.
      (2) The particular aims of this plan are:
             (a) to divide land into the zones referred to in clause 9 and to achieve in each of
             those zones the objectives specified for the land in clause 10, and
             (b) to enable the council to make development control plans regulating the
             carrying out of development in any zone:
                      (i) by restricting the carrying out of that development to a specified area
                        within the zone, or
                        (ii) by fixing standards or specifying requirements for that development,
               (c) to make provision for exempt development within the Manly local government
               area, and
               (d) to make provision for complying development within the Manly local
               government area other than those areas where, because of environmental
               sensitivity, the consideration of development applications by the Council would
               be more appropriate, and
               (e) to provide environmental planning controls that will result in the management
               of any disturbance to acid sulphate soils so as to minimise impacts on natural
               waterbodies and wetlands and on fishing, urban and infrastructure activities, and
               (f) to require development consent for works that would disturb soils or
               groundwater levels in localities identified as having acid sulphate soils, and
               (g) to require special assessment of certain development on land identified as
               being subject to risks associated with the disturbance of acid sulphate soils.
4 Policies and strategies
The policies and strategies of this plan are:

       (a) in relation to residential and community life:
                (i) to maintain, protect and increase the Municipality's permanent residential
                population,
                (ii) to prescribe the nature and intended future of the residential areas within the
                Municipality by means of density and other controls,
                (iii) to provide initiatives to improve the range and quality of community services
                and facilities throughout the Municipality,
                (iv) to encourage greater community involvement in school facilities and promote
                adaptation of existing education structures which will allow multiple use and
                community access, particularly those facilities which are not needed at the present
                time,
                (v) to provide for a broad range of housing types to cater for all socio-economic
                groups without adverse effects on the character and amenity of the Municipality,
                (vi) to encourage an adequate supply of rental accommodation within the
                Municipality,
                (vii) to maintain and increase the number of boarding and lodging houses in view
                of the long term needs of age pensioners and invalid pensioners, and
                (viii) to encourage revitalisation, rehabilitation and redevelopment of residential
                areas while ensuring that dwelling form, including alterations and additions, does
                not degrade the amenity of surrounding residences or the aesthetic quality of the
                Municipality,
       (b) in relation to tourism:
                (i) to encourage and concentrate tourist development in the Tourist Area,
                (ii) to encourage tourism to co-exist with local residents to their mutual
                advantage, and
                (iii) to develop tourism as an industry for the purpose of gaining employment,
                economic, cultural, social and recreational benefits in the community,
       (c) in relation to industry and commerce:
                (i) to promote industry and commerce which will contribute to the economic
                growth and employment opportunities within the Municipality,
                (ii) to consolidate, promote and strengthen retail activity in the Manly Town
                Centre,
                (iii) to limit retail activity to existing commercial zoned areas and encourage
                further development of these centres to cater for the retail, commercial
                entertainment, welfare and recreational needs of residents and visitors,
                (iv) to consolidate existing centres by encouraging development of first floor
                retail activities in conjunction with pedestrian arcades at locations adjacent to car
                parks and along the waterfront,
                (v) to develop a balanced pattern of traffic movement and off-street car parking
                stations which will foster greater opportunity for retail growth within the
                Business/Industrial centres of the Municipality,
                (vi) to encourage the provision of different sized office areas suitable for a variety
                of uses,
                (vii) to ensure sufficient servicing space is provided for delivery to shops and
                commercial and industrial premises,
                (viii) to create safe pedestrian areas within all retail areas,
                (ix) to encourage the provision of industrial activities by permitting specific office
                and subsidiary activities in association with the primary industrial use, and
                (x) to maintain and improve the quality of the Municipality by minimising
                disturbances caused by air pollution, water pollution, noise pollution and any
                other pollutants,
       (d) in relation to open space and recreation:
                (i) to enhance the range of open space types and recreational opportunities while
                increasing the total environmental quality of the Municipality,
                (ii) to encourage a diversity of commercial recreation activities suitable for adults
                as well as youths which will complement the tourist attractiveness of Manly,
                (iii) to consider and provide for the needs of the handicapped in designing,
                locating or rehabilitating recreational facilities and amenities, and
                (iv) to develop a system of cycleways and walkways to provide neighbourhood
                links for residents, tourists and commuters using existing low traffic roads,
                foreshores and existing open space areas,
       (e) in relation to landscape:
                (i) to protect and enhance the natural and cultural landscapes throughout the
                Municipality,
                (ii) to preserve the natural landscape near the water's edge while allowing
                recreational uses to continue, and
                (iii) to upgrade the environment of the Municipality through the appropriate
                management, conservation and reinstatement of the existing pattern of vegetation,
       (f) in relation to environmental heritage:
                (i) to promote the Municipality's environmental heritage and celebrate its diverse
                environment, including architecture, Aboriginal archaeology, industrial
                archaeology and landscape,
                (ii) to set a good example with the Municipality's heritage and guide, encourage
                and educate others to further the appropriate conservation of the heritage items
                they own or administer, and
                (iii) to continue an active program of public information and participation in
                heritage and conservation matters, and
       (g) in relation to movement:
                (i) to manage the existing road network to provide an efficient system for traffic
                movement while also providing safety and residential amenity,
                (ii) to seek to facilitate access to public transport services, and
                (iii) to support the upgrading of the Manly Ferry Service and its use as a viable
                alternative transport system to the Municipality and the southern part of the
                Manly Warringah Peninsula.
5 Relationship to other environmental planning instruments
       (1) This plan repeals the following environmental planning instruments:
                (a) the Manly Planning Scheme Ordinance,
                (b) Interim Development Orders Nos 1 to 9--Municipality of Manly, inclusive,
                (c) Manly Local Environmental Plans Nos 1, 2, 3, 4, 6, 7, 8, 9, 10 and 11, and
                (d) such other local environmental plans and deemed environmental planning
                instruments as, immediately before the appointed day, applied to the land to
                which this plan applies, to the extent to which those instruments applied to that
                land.
        (2)-(4) (Repealed)
6 Adoption of Model Provisions
The Environmental Planning and Assessment Model Provisions 1980, except for the definitions
of "arterial road", "general store", "health care professional", "map" and "recreation
facility" in clause 4 (1) and clause 15 of those provisions, are adopted for the purposes of this
plan.

7 Interpretation
       (1) In this plan:"Aboriginal relic" means any deposit, object or material evidence (not
       being a handicraft made for sale) relating to indigenous and non-European habitation of
       the area of the Municipality of Manly, being habitation both prior to and concurrent with
       the occupation of that area by persons of European extraction."acid sulphate soils"
       means actual or potential acid sulphate soils, as defined in the Acid Sulphate Soils
       Assessment and Management Guidelines."Acid Sulphate Soils Assessment and
       Management Guidelines" means the Acid Sulphate Soils Assessment and Management
       Guidelines as published from time to time by the NSW Acid Sulphate Soils Management
       Advisory Committee and adopted by the Director."Acid Sulphate Soils Planning Map"
       means the map marked Manly LEP 1988 (Amendment No 34--Exempt and Complying
       Development)--Acid Sulphate Soils Planning Map 5 kept in the office of the
       Council."amusement centre" means a building or place used for the purpose of playing
       electrically or mechanically operated amusement devices such as pin ball machines,
       video machines, and the like."ancillary residence" means one dwelling used in
       conjunction with any permissible use carried out on land and situated on the same
       allotment as that use."appointed day" means the day on which this plan was published
       in the Gazette."backpacker accommodation" means a building used to provide
       low-cost accommodation for travellers, which includes dormitories, but is not used as a
       principal place of residence."bed and breakfast accommodation" means a dwelling
       which:
                (a) provides temporary overnight accommodation for the short-term traveller,
                (b) offers at least breakfast for guests,
                (c) does not accommodate more than 2 adult guests with or without
                accompanying children,
                (d) does not contain facilities in rooms for the preparation of meals by guests, and
                (e) is not used in whole or in part for the permanent or long-term accommodation
                of any person other than the person or persons who operate and manage the
                accommodation facility and who normally reside in the dwelling.
       "boating facility" means a building or place used for the purposes of recreational
       boating activities and includes a marina, boat launching ramp, boat repair and servicing
       facility, wharf, jetty or any means of dry storage of boats."boat repair and servicing
       facility" means a building or place used to repair, service or restore boats."bulky goods"
       means large goods which are, in the opinion of the council, of such a size and shape as to
       require:
                (a) a large area for handling, storage or display, and
                (b) easy and direct vehicular access to enable the goods to be collected by
                customers after sale.
"conservation area" means the land edged heavy black and marked "Conservation area"
on the map marked " Items of the Environmental Heritage Map 2 Architecture and
Historical Archaeology "."council" means the Council of the Municipality of
Manly."demolition", in relation to a building or work, means the damaging, defacing,
destruction, pulling down or removal of the building or work, in whole or in
part."Foreshore Scenic Protection Area" means any land shown by black hatching and
marked as a Foreshore Scenic Protection Area on the map."health care professional"
means a person who renders professional health services to members of the public and
includes:
        (a) a chiropodist registered under the Chiropodists Registration Act 1962,
        (b) a chiropractor or and osteopath registered under the Chiropractic Act 1978,
        (c) a physiotherapist registered under the Physiotherapists Registration Act 1945,
        (d) an optometrist registered under the Optometrists Act 1930, and
        (e) a recognised, qualified or accredited naturopath, herbalist, masseur or
        masseuse, acupuncturist or hypnotherapist.
"item of the environmental heritage" means a building, work, relic, place or tree, of
historic, scientific, cultural, social, archaeological, architectural, natural or aesthetic
significance to the Municipality of Manly, described in Schedule 4 and situated on (or
within) land shown coloured either orange or brown, or otherwise identified, on either:
        (a) the map marked " Items of the Environmental Heritage--Map 1 Landscape ",
        or
        (b) the map marked " Items of the Environmental Heritage--Map 2 Architecture
        and Historical Archaeology ",
as amended by the maps (or, if any sheets of maps are specified, by the specified sheets
of the maps) marked as follows: The amending maps are not necessarily listed in the order of
gazettal or publication on the NSW legislation website. Information about the order of gazettal or
publication can be determined by referring to the Historical notes at the end of the plan.
       Manly Local Environmental Plan 1988 (Amendment No 4)
       Manly Local Environmental Plan 1988 (Amendment No 24) --Sheet 3
       Manly Local Environmental Plan 1988 (Amendment No 26)
       Manly Local Environmental Plan 1988 (Amendment No 30)
       Manly Local Environmental Plan 1988 (Amendment No 31)
       Manly Local Environmental Plan 1988 (Amendment No 32)
       Manly Local Environmental Plan 1988 (Amendment No 41)
       Manly Local Environmental Plan 1988 (Amendment No 42)
       Manly Local Environmental Plan 1988 (Amendment No 50)
       Manly Local Environmental Plan 1988 (Amendment No 51)
       Manly Local Environmental Plan 1988 (Amendment No 56)
       Manly Local Environmental Plan 1988 (Amendment No 61)
       Manly Local Environmental Plan 1988 (Amendment No 68)
       Manly Local Environmental Plan 1988 (Amendment No 71)
       Manly Local Environmental Plan 1988 (Amendment No 77)
       Manly Local Environmental Plan 1988 (Amendment No 80) --Sheet 1
       Manly Local Environmental Plan 1988 (Amendment No 81) --Sheets 5-10
"master plan" means a document (consisting of written information, maps and
diagrams) that makes more detailed provisions relating to development of the land to
which it relates than this plan. A master plan:
       (a) outlines long-term proposals for development of the entire site to which a
       master plan relates, and
       (b) explains how those proposals address the range of matters set out in clause 37
       (3).
"multi-dwelling development" means a building containing two or more dwellings, or a
group of two or more dwellings on a lot, and includes duplexes, semi-detached dwellings,
townhouses, villa homes and residential flat buildings."recreation area" means:
        (a) a children's playground,
        (b) an area used for sporting activities or sporting facilities,
        (c) an area used to provide facilities for recreational activities which promote the
        physical, cultural or intellectual welfare of persons within the community, being
        facilities provided by:
                 (i) the council, or
                 (ii) a body of persons associated for the purposes of the physical, cultural
                 or intellectual welfare of persons within the community,
but does not include a racecourse or a showground."recreation facility" means:
        (a) a building or place used for indoor recreation,
        (b) a billiard saloon,
        (c) a table tennis centre,
        (d) a squash court,
        (e) a swimming pool,
        (f) a gymnasium,
        (g) a health studio,
        (h) a bowling alley, or
        (i) any other building of a like character used for recreation, whether used for the
        purpose of gain or not,
but does not include a place of assembly or an amusement centre."relic" means any
deposit, object or material evidence, which is 50 or more years old, relating to the
settlement of the area of the Municipality of Manly, (excluding Aboriginal
relics)."renovation" in relation to a building or work, means:
        (a) the making of structural changes to the inside or outside of the building or
        work, or
        (b) the making of non-structural changes to the fabric or appearance of the outside
        of the building or work, including changes that involve the repair or the painting
        of unpainted brickwork, plastering or other decoration of the building or work,
"residential use" means a dwelling (including an ancillary residence), a dwelling-house
or a multi-dwelling development."small shop" means a small shop within the meaning
of section 78B of the Shops and Industries Act 1962, with a total floor space not
exceeding 50 square metres (excluding any residence attached or within the curtilage of
the building) and used for any purpose listed in Schedule 1."telecommunications
facility" means any part of the infrastructure of a telecommunications network, or any
line, equipment, apparatus, tower, mast, antenna, tunnel, duct, hole, pit, pole or other
structure or thing used, or for use, in or in connection with a telecommunications
network."the map" means the map marked " Manly Local Environmental Plan 1988 ",
as amended by the maps (or, if any sheets of maps are specified, by the specified sheets
of the maps) marked as follows: The amending maps are not necessarily listed in the order of
gazettal or publication on the NSW legislation website. Information about the order of gazettal or
publication can be determined by referring to the Historical notes at the end of the plan.
         Manly Local Environmental Plan 1988 (Amendment No 1)
         Manly Local Environmental Plan 1988 (Amendment No 5)
         Manly Local Environmental Plan 1988 (Amendment No 6)
         Manly Local Environmental Plan 1988 (Amendment No 12)
         Manly Local Environmental Plan 1988 (Amendment No 17)
         Manly Local Environmental Plan 1988 (Amendment No 21)
         Manly Local Environmental Plan 1988 (Amendment No 24) --Sheet 2
         Manly Local Environmental Plan 1988 (Amendment No 25)
         Manly Local Environmental Plan 1988 (Amendment No 33)
               Manly Local Environmental Plan 1988 (Amendment No 38)
               Manly Local Environmental Plan 1988 (Amendment No 39)
               Manly Local Environmental Plan 1988 (Amendment No 45)--Sheet 1
               Manly Local Environmental Plan 1988 (Amendment No 46)
               Manly Local Environmental Plan 1988 (Amendment No 48)
               Manly Local Environmental Plan 1988 (Amendment No 49)
               Manly Local Environmental Plan 1988 (Amendment No 62)
               Manly Local Environmental Plan 1988 (Amendment No 66)
               Manly Local Environmental Plan 1988 (Amendment No 74)
               Manly Local Environmental Plan 1988 (Amendment No 80) --Sheets 3 and 4
               Manly Local Environmental Plan 1988 (Amendment No 81) --Sheets 1-4
       "Tourist Area" means any land shown by heavy black dots on the map.
       (1A) A word or expression used in this Plan has the same meaning as it has in the
       standard instrument prescribed by the Standard Instrument (Local Environmental Plans)
       Order 2006 (as in force immediately before the commencement of the Standard
       Instrument (Local Environmental Plans) Amendment Order 2011) unless it is otherwise
       defined in this Plan.
       (2) In this plan:
               (a) a reference to a building or place used for a purpose includes a reference to a
               building or place intended to be used for the purpose,
               (b) a reference to a map is a reference to a map deposited in the office of the
               council, and
               (c) a reference to land within a zone specified in the Table to clause 10 is a
               reference to land shown on the map in the manner indicated in clause 9 as the
               means of identifying land of the zone so specified.
       (3) This plan is to be read in conjunction with:
               (a) the map, and
               (b) the maps listed in Schedule 7, with the exception of Map 4 (Manly Local
               Environmental Plan (Amendment No 34--Exempt and Complying
               Development)--Environmentally Sensitive Areas Map 4), which is to be read in
               conjunction only with clause 10A.
8 Consent authority
The council is the consent authority for the purposes of this plan.

Part 2 – General restrictions on development of land
9 Zones indicated on the map
For the purposes of this plan, land to which this plan applies shall be within a zone specified
hereunder if the land is shown on the map in the manner specified hereunder in relation to that
zone:

       Zone No 2 Residential Zone--coloured light scarlet.
       Zone No 3 Business Zone--coloured light blue.
       Zone No 4 Industrial Zone--coloured purple.
       Zone No 5 Special Uses Zone--coloured yellow with red lettering (and either hatched or
       unhatched).
       Zone No 5 (h) (Special Uses (Hospital) Zone)--coloured yellow with green edging.
       Zone No 5 (s) Special Uses (Seminary--Heritage) Zone--coloured yellow with blue
       edging and red lettering.
       Zone No 6 Open Space Zone--coloured dark green (and either hatched or unhatched).
       Zone No 8 National Park Zone--uncoloured with dark green edging (and either hatched
       or unhatched).
10 Zone objectives and development control table
      (1) The objectives of a zone are set out in the Table to this clause under the heading
      "Objectives of zone" appearing in the matter relating to the zone.
      (2) Except as otherwise provided by this plan, in relation to land within a zone specified
      in the Table to this clause, the purposes (if any) for which:
              (a) development may be carried out without development consent,
              (b) development may be carried out only with development consent, and
              (c) development is prohibited,
      are specified under the headings "Without development consent", "Only with
      development consent" and "Prohibited", respectively, appearing in the matter relating to
      the zone.
      (3) Except as otherwise provided by this plan, the council shall not grant consent to the
      carrying out of development on land to which this plan applies unless the council is of the
      opinion that the carrying out of the development is consistent with the objectives of the
      zone within which the development is proposed to be carried out.
      Table
              Zone No 2 Residential Zone
                      1 Objectives of zone The objectives are:
                              (a) to set aside land to be used for the purposes of housing and
                              associated facilities,
                              (b) to delineate, by means of development control in the supporting
                              material, the nature and intended future of the residential areas
                              within the Municipality,
                              (c) to allow a variety of housing types while maintaining the
                              existing character of residential areas throughout the Municipality,
                              (d) to ensure that building form, including alterations and
                              additions, does not degrade the amenity of surrounding residents or
                              the existing quality of the environment,
                              (e) to improve the quality of the residential areas by encouraging
                              landscaping and permitting greater flexibility of design in both
                              new development and renovations,
                              (f) to allow development for purposes other than housing within
                              the zone only if it is compatible with the character and amenity of
                              the locality,
                              (g) to ensure full and efficient use of existing social and physical
                              infrastructure and the future provisions of services and facilities to
                              meet any increased demand,
                              (h) to encourage the revitalisation of residential areas by
                              rehabilitation and suitable redevelopment, and
                              (i) to encourage the provision and retention of tourist
                              accommodation that enhances the role of Manly as an international
                              tourist destination, and particularly in relation to the land to which
                              Manly Local Environmental Plan 1988 (Amendment No 57)
                              applies.
                      2 Without development consent Bed and breakfast accommodation; home
                      occupations.
                      3 Only with development consent Any purpose other than a purpose
                      included in item 2 or 4.
                      4 Prohibited Advertising structures; amusement centres; bulk stores; car
                      repair stations; backpacker accommodation, clubs, hotels, motels,
                      refreshment rooms, service stations and tourist facilities (other than
                      backpacker accommodation, clubs, hotels, motels, refreshment rooms,
      service stations and tourist facilities in the Tourist Area); commercial
      premises; gas holders; generating works; heliports; industries other than
      home industries; institutions; junk yards; liquid fuel depots; mines; motor
      show rooms; public buildings; restricted premises; retail plant nurseries;
      roadside stalls; sawmills; service stations; shops other than small shops;
      transport terminals; warehouses.
Zone No 3 Business Zone
      1 Objectives of zone The objectives are:
               (a) to provide for and encourage the development and expansion of
               business activities which will contribute to the economic growth
               and employment opportunities within the Municipality,
               (b) to accommodate retail, commercial and professional services in
               established locations in the residential neighbourhoods where such
               development is compatible with the amenity of the surrounding
               areas,
               (c) to ensure there is adequate provision for car parking in future
               development in the business areas, and
               (d) to minimise conflicts between pedestrians and vehicular
               movement systems within the business areas.
      2 Without development consent Bed and breakfast accommodation; home
      occupations.
      3 Only with development consent Any purpose other than a purpose
      included in item 2 or 4.
      4 Prohibited Bulk stores; bus depots; car repair stations; dwelling-houses;
      fuel depots; gas holders; generating works; heliports; purposes specified in
      Schedule 3; junk yards; liquid fuel depots; mines; road transport terminals;
      roadside stalls; sawmills; warehouses.
Zone No 4 Industrial Zone
      1 Objectives of zone The objectives are:
               (a) to provide for suitable industrial activities in order to increase
               local employment opportunities,
               (b) to minimise negative visual impact of development by limiting
               the size and scale of buildings and having regard to suitable
               landscaping, and
               (c) to encourage the provision of industrial activities by permitting
               specific office and subsidiary activities in association with the
               primary industrial use.
      2 Without development consent Nil.
      3 Only with development consent Refreshment rooms; retail outlets for
      bulky goods; any purpose other than a purpose included in item 4.
      4 Prohibited Backpacker accommodation; commercial premises other than
      recreational facilities and those commercial premises listed in Schedule 2;
      educational establishments; gas holders; generating works; heliports;
      institutions; junk yards; liquid fuel depots; mines; purposes listed in
      Schedule 3; residential uses other than ancillary residences above ground
      floor level used in conjunction with any permissible industry; restricted
      premises; retail plant nurseries; roadside stalls; shops other than those
      shops listed in Schedule 2.
Zone No 5 Special Uses Zone
      1 Objectives of zone The objective of this zone is to identify and set aside
      land required for essential services to the public or the community which:
               (a) in the case of land shown unhatched on the map, is now owned
              or used for public or community purposes, or
              (b) in the case of land shown hatched on the map, will be acquired
              by a public authority for the particular public or community
              purpose shown on the map.
      2 Without development consent Nil.
      3 Only with development consent The particular purpose indicated by red
      lettering on the map; child care centres and other child care facilities;
      drainage; educational establishments; landscaping; roads;
      telecommunications facilities; utility installations other than generating
      works or gas holders.
      4 Prohibited Any purpose other than those included in item 3.
Zone No 5 (h) Special Uses (Hospital) Zone
      1 Objectives of zone The objective of this zone is to permit land within the
      zone to be used for the purpose of a hospital, subject to:
              (a) minimising loss of views to and from, and within, the St
              Patrick's College Estate, and
              (b) minimising intrusion in the heritage landscape and visual
              curtilage of Moran House.
      2 Without development consent Nil.
      3 Only with development consent Drainage; hospitals; landscaping;
      telecommunications facilities; utility installations other than generating
      works or gas holders.
      4 Prohibited Any purpose other than those included in item 3.
Zone No 5 (s) Special Uses (Seminary--Heritage) Zone
      1 Objectives of zone The objectives are:
              (a) to permit development that is compatible with the preservation,
              restoration and maintenance of items of the environmental
              heritage,
              (b) to allow extensions and additions to the principal heritage
              buildings within the zone,
              (c) to protect vistas to and from those principal heritage buildings,
              (d) to permit development ancillary to the principal use within the
              zone,
              (e) to preserve and protect the grounds of St Patrick's Estate,
              consistent with the pre-eminence of the principal heritage buildings
              when viewed from within the site, and from surrounding areas and
              vantage points,
              (f) to conserve and enhance the indigenous wildlife habitat within
              the Estate,
              (g) to conserve the landscape, as well as the natural drainage
              system,
              (h) to enhance and restore significant elements of heritage
              landscape,
              (i) to preserve and protect the landscape as habitat for the long
              nosed bandicoot.
      2 Without development consent Nil.
      3 Only with development consent
              (a) Child care centres; churches, church purposes; drainage works
              and facilities; educational establishments; roads; seminaries; utility
              installations other than generating works or gas holders.
              (b) Drainage works and facilities, landscaping, roads and
              swimming pools (all of which are ancillary to the principal use of
              Moran house, the Cerretti Chapel or St Therese's Convent);
              drainage works and facilities to service development within
              Precincts 1, 3, 12 and 13 identified on Sheet 1 of that map;
              landscaping required for the provision of pedestrian access or
              bandicoot habitat (or both); roads associated with development in
              Precincts 1 and 13 identified on Sheet 1 of that map; tennis courts;
              utility installations other than generating works or gas holders.
              (c) Drainage works and facilities, landscaping, roads and
              swimming pools (all of which are ancillary to the principal use of
              Moran house, the Cerretti Chapel or St Therese's Convent);
              drainage works and facilities to service development within
              Precincts 1, 3, and 12 identified on Sheet 1 of that map;
              landscaping required for the provision of pedestrian access or
              bandicoot habitat (or both); tennis courts; utility installations other
              than generating works or gas holders.
      4 Prohibited Any purpose other than those included in item 3.
Zone No 6 Open Space Zone
      1 Objectives of zone The objectives are:
              (a) to ensure there is provision of adequate open space areas to
              meet the needs of all residents and provide opportunities to
              enhance the total environmental quality of the Municipality,
              (b) to encourage a diversity of recreation activities suitable for
              youths and adults,
              (c) to identify, protect and conserve land which is environmentally
              sensitive, visually exposed to the waters of Middle Harbour, North
              Harbour and the Pacific Ocean and of natural or aesthetic
              significance at the water's edge,
              (d) to facilitate access to open areas, particularly along the
              foreshore, to achieve desired environmental, social and recreation
              benefits,
              (e) to conserve the landscape, particularly at the foreshore and
              visually exposed locations, while allowing recreational use of
              those areas, and
              (f) to identify areas which:
                       (i) in the case of areas shown unhatched on the map are
                       now used for open space purposes, and
                       (ii) in the case of land shown hatched on the map are
                       proposed for open space purposes.
      2 Without development consent Works for the purpose of landscaping,
      gardening or bush fire hazard reduction.
      3 Only with development consent Agriculture; boating facilities; car
      parking ancillary to a use permitted in this item; child care centres;
      drainage; forestry; golf courses; marinas; parks; public baths; public
      dressing pavilions, racecourses; recreation areas; refreshment rooms;
      roads; sports clubs; sports grounds; surf life saving clubs,
      telecommunications facilities; tennis courts; utility installations other than
      gas holders or generating works or both.
      4 Prohibited Any purpose other than a purpose included in items 2 or 3.
Zone No 8 National Park Zone
      1 Objectives of zone The objectives of the zone are:
              (a) to conserve areas of natural, ecological, scenic, educational,
              scientific, cultural or historic importance while permitting
                                compatible development, and
                                (b) to identify areas which:
                                         (i) in the case of areas shown unhatched on the map, are
                                         now used for national park purposes, or
                                         (ii) in the case of land shown hatched on the map, are
                                         proposed for national park purposes.
                        2 Without development consent Any purpose authorised by the National
                        Parks and Wildlife Act 1974.
                        3 Only with development consent Nil.
                        4 Prohibited Any purpose other than those included in item 2.
10A Exempt and complying development
      (1) Development listed in Schedule 8 is exempt development if it complies with any
      relevant standards set for the development in Schedule 8.
      (2) Development listed in Schedule 9 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 will achieve the outcomes listed in Schedule 9 for the development.
      (3) Development is not complying development if it is carried out on land within an
      environmentally sensitive area.
      (4) A complying development certificate issued for any complying development is to be
      subject to the conditions for the development specified in Schedule 10.
      (5) In addition, a complying development certificate that relates to the erection of a
      temporary and portable building must:
              (a) state that the building is a temporary building, and
              (b) specify a removal date that is no later than one year after the date of issue of
              the complying development certificate.
      (6) In this clause, "environmentally sensitive area" means an area within Manly local
      government area which, for reasons of environmental sensitivity, is identified as an
      environmentally sensitive area on the map marked " Manly Local Environmental Plan
      (Amendment No 34--Exempt and Complying Development)--Environmentally Sensitive
      Areas Map 4 ".
Part 3 – Special provisions
11 Subdivision
A person shall not subdivide land to which this plan applies except with the consent of the
council.

12 Lands to be acquired
      (1) This clause applies to land within Zone No 5 or 6.
      (2) Except as provided by subclause (3), a person shall not, on land to which this clause
      applies:
              (a) carry out development other than the erection of a building or the carrying out
              of a permanent work or a permanent excavation required for or incidental to the
              purposes referred to in item 2 or 3 of the matters relating to the zone applicable to
              that land in the Table to clause 10, or
              (b) spoil or waste land so as to render it unfit for those purposes.
      (3) Where it appears to the council that, in relation to land to which this clause applies,
      the purposes referred to in subclause (2) cannot be carried into effect within a reasonable
      time after the appointed day, the owner of the land may, with the consent of the council,
      carry out development on the land.
      (4) A consent referred to in subclause (3) shall not be granted unless the council is
      satisfied that proper arrangements have been made (whether by the imposition of
      conditions under section 80 or 80A of the Act or otherwise) with respect to any one or
      more of the following:
              (a) the removal or alteration of a building, work or excavation,
              (b) the reinstatement of the land,
              (c) the removal of any waste material or refuse from the land.
      (5) A consent referred to in subclause (3) shall not be granted in relation to an allotment
      of land within Zone No 5 and lettered "proposed road widening" on the map, except with
      the approval of the statutory authority responsible for the acquisition of that land.
13 Acquisition of certain 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 shown hatched on the map and within:
                 (a) Zone No 6 (other than the land edged red on the map),
                 (b) Zone No 6 and edged red on the map,
                 (c) Zone No 5 and lettered "proposed road widening" on the map, or
                 (d) Zone No 8,
        may by notice in writing require:
                 (e) in the case of land referred to in paragraph (a), the council,
                 (f) in the case of land referred to in paragraph (b), the Corporation,
                 (g) in the case of land referred to paragraph (c), the Commissioner for Main
                 Roads, or
                 (h) in the case of land referred to in paragraph (d), the Minister for Environment,
        to acquire that land.
        (2) Subject to subclause (3), on receipt of a notice referred to in subclause (1) the public
        authority concerned shall acquire the land.
        (3) Land to which this clause applies may be developed for any purpose, with the consent
        of the council, until that land is acquired by the public authority concerned where the
        council is satisfied that the carrying out of that development will not adversely affect the
        usefulness of the land for the purposes for which it has been reserved.
        (4), (5) (Repealed)
14 Responsibility for acquisition of certain land
        (1) Notwithstanding any other provision of this plan, the council shall not acquire or pay
        compensation for part lots 1, 2 and 3 in DP 620 and part lot A in DP 374668 within Zone
        No 6 where the land may be required to be provided without cost to the council as a
        condition of approval of a subdivision of adjoining land in the same ownership.
        (2) The owner of land referred to in subclause (1) may by notice require the council to
        acquire such part or parts of the land as may not be required to be provided without cost
        to the council as a condition of approval of a subdivision of adjoining land in the same
        ownership and upon receipt of such notice the council shall acquire the land to which the
        notice relates.
15 Arrangements for access to certain land
No development shall be carried out on land within Zone No 2 edged red on the map, being land
in the vicinity of Rignold Street, Seaforth, until arrangements satisfactory to the council have
been made for access to the land.

15A Development within Zone No 5 (h)
      (1) This clause applies to land within Zone No 5 (h).
      (2) Development for the purpose of a hospital building may be carried out only if the
      building complies with the following requirements:
              (a) the gross floor area of the building must not exceed 1600 square metres, and
              (b) the height of the building must not exceed two storeys measured from the
              existing ground level, and
               (c) the outline of the building is to follow the natural ground level of the site to
               the maximum extent practicable, and
               (d) the maximum wall height of the building must not exceed 8 metres above
               existing ground level, except as provided by paragraph (e), and
               (e) the maximum wall height may exceed 8 metres, but must not exceed 9 metres,
               if not more that 30% of the total length of all external walls of the building has a
               vertical height above existing ground level of more than 8 metres, and
               (f) the ridge of any roof of the building must not exceed RL 48.
       (3) Any building must be situated within the hatched area marked "A" on the map
       marked " Manly Local Environmental Plan 1988 (Amendment No 23) ". However, a
       building may be located within the hatched area marked "B" on that map if the ridge of
       any roof of the building in that area does not exceed RL 45.
       (4) In this clause:"existing ground level" means the level of the site as at 1 November
       1996."maximum wall height" is the greatest vertical distance from the existing ground
       level to the topmost part of the external wall of the building."RL" means height (in
       metres) above Australian Height Datum.
16 Development within Zone No 6
Where the council or a public authority owns land which is within Zone No 6, the council shall
not consent to an application to carry out development on that land unless it has made an
assessment of:

        (a) the need for the proposed development on that land,
        (b) the impact of the proposed development on the existing or likely future use of the
        land, and
        (c) the need to retain the land for its existing or likely future use.
17 Visual and aesthetic protection of certain land
The council shall not grant consent to the carrying out of development unless it is satisfied that
the development will not have a detrimental effect on the amenity of the Foreshore Scenic
Protection Area.

17A (Repealed)
18 Items of the environmental heritage
       (1) A person shall not, in respect of a building, work, relic or place that is an item of the
       environmental heritage:
              (a) demolish, renovate or extend any such building or work,
              (b) damage or despoil any such relic or any part of any such relic,
              (c) excavate any land for the purpose of exposing or removing any such relic,
              (d) erect a building on the land on which that building, work or relic is situated or
              the land which comprises that place, or
              (e) subdivide the land on which that building, work or relic is situated or the land
              which comprises that place,
       except with the consent of the council.
       (2) The council shall not grant consent to a development application made in pursuance
       of subclause (1) unless it has made an assessment of:
              (a) the significance of the item as an item of the environmental heritage of the
              Municipality of Manly,
              (b) the extent to which the carrying out of the development in accordance with the
              consent would affect the historic, scientific, cultural, social, archaeological,
              architectural, natural or aesthetic significance of the item and its site,
              (c) whether the setting of the item, and in particular, whether any stylistic,
              horticultural or archaeological features of the setting should be retained, and
              (d) whether the item constitutes a danger to the users or occupiers of that item or
               to the public.
       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).
19 Development in the vicinity of an item of the environmental heritage
The council shall not grant consent to a development application to carry out development in the
vicinity of an item of the environmental heritage unless it has made an assessment of the effect
which the carrying out of that development will have on the historic, scientific, cultural, social,
archaeological, architectural, natural or aesthetic significance of the item of the environmental
heritage and its setting.

20 (Repealed)
21 Conservation area
       (1) A person shall not, in respect of a conservation area:
               (a) demolish, extend or change the outside of a building or work within that area,
               including changes to the outside of a building or work that involve the repair of
               the painting of unpainted brickwork, plastering or other decoration of the outside
               of the building or work,
               (b) damage or despoil a relic or part of a relic within that area,
               (c) excavate any land for the purpose of exposing or removing a relic within that
               area,
               (d) erect a building within that area, or
               (e) subdivide land within that area,
       except with the consent of the council.
       (2) The council shall not grant consent to a development application made in pursuance
       of subclause (1) unless it has made an assessment of:
               (a) the extent to which the carrying out of the development in accordance with the
               consent would affect the historic, scientific, cultural, social, archaeological,
               architectural, natural or aesthetic significance of the conservation area, and
               (b) whether a refusal to grant consent would constitute a danger to the users or
               occupiers of that land or the public, and
               (c) the provisions of any development control plan relating to heritage
               conservation areas.
       (3) The council shall not grant consent to an application made in pursuance of subclause
       (1), being an application to erect a new building or to alter the exterior of an existing
       building, unless the council has made an assessment of:
               (a) the pitch and form of the roof,
               (b) the style, size, proportion and position of the openings for windows and doors,
               and
               (c) whether the colour, texture, style, size and type of finish of the materials to be
               used on the exterior of the building are compatible with the materials used in the
               existing buildings in the conservation area.
22-24 (Repealed)
25 Conservation incentive relating to heritage items
       (1) Nothing in this plan prevents the council from granting consent to:
               (a) the use for any purpose of a building within a conservation area or of the land
               on which that building is erected, or
               (b) the use for any purpose of a building that is an item of the environmental
               heritage or of the land on which that building is erected,
       where the council is satisfied that:
               (c) the use would have little or no adverse effect on the amenity of the area, and
               (d) conservation of the building depends on the council granting consent in
                pursuance of this subclause.
       (2) The council, when considering an application for consent to erect a building on land
       upon which there is a building which is an item of the environmental heritage, may at its
       discretion exclude from its calculation of the floor space of the buildings erected on the
       land the floor space of the item of the environmental heritage:
                (a) for the purposes of determining the floor space ratio, and
                (b) for the purposes of determining the number of parking spaces to be provided
                on the site,
       but only if the council is satisfied that the conservation of the item depends upon the
       council granting consent in pursuance of this clause.
26 Community use of school facilities and sites
       (1) Where land to which this plan applies is used for the purposes of an educational
       establishment, the site and facilities of the establishment may, with the consent of the
       council, be used for the purposes of meeting rooms, public halls, public libraries,
       entertainment, sport or recreation or for any other community purpose, whether or not
       any such use is a commercial use of the land.
       (2) Nothing in this clause requires consent for the carrying out of development on any
       land on which development could, but for this clause, be carried out on land without
       consent.
27 (Repealed)
28 Retailing of bulky goods in Zone No 4
       (1) This clause applies to land within Zone No 4.
       (2) Subject to subclause (3), nothing in this plan shall prevent a person, with the consent
       of the council, from carrying out on land to which this clause applies development for the
       purpose of the retail sale of bulky goods from a building or site in or on which those
       goods are stored, manufactured, displayed or processed.
       (3) The council shall not grant consent to an application for the consent to carry out
       development referred to in subclause (2) unless it is satisfied:
                (a) that suitable land is not available for the proposed development in any nearby
                business centre, and
                (b) that the proposed development will not detrimentally affect:
                         (i) existing or future industrial development within Zone No 4, or
                         (ii) the range of services offered by existing shops located in any nearby
                         business centre.
29 Development of certain residential land
       (1) This clause applies to the land within a residential zone shown edged blue on the map.
       (2) Notwithstanding clause 10:
                (a) a person shall not carry out any development on the land to which this clause
                applies without the consent of the council, and
                (b) (Repealed)
       (3), (4) (Repealed)
29A-30A (Repealed)
31 Development for certain additional purposes
       (1) Nothing in this plan prevents a person, with the consent of the council, from carrying
       out development on land referred to in Schedule 5 for a purpose specified in relation to
       that land in that Schedule, subject to such conditions (if any) as are so specified.
       (2) Subclause (1) does not affect the application, to or in respect of development to which
       that clause applies, of such of the provisions of this plan as are not inconsistent with that
       subclause or with a consent granted by the council in respect of the development.
32 Development of land having frontage to Pittwater Road, Manly
       (1) This clause applies to land within Zone No 2, having frontage to Pittwater Road,
       Manly.
       (2) Notwithstanding clause 10, the ground floor of a building which contained a shop or
       restaurant on the appointed day may, with the consent of the council, be used for any
       purpose permissible with or without consent in Zone No 3, but only if the use will not
       adversely affect the amenity of the locality by reason of:
               (a) the emission of noise, vibration, smell, fumes, smoke, vapour, soot, ash, dust,
               waste products, or
               (b) increased vehicular movements to and from the site or in adjacent streets, so
               that there are more vehicular movements than would normally be found in streets
               next to a Business Zone, or
               (c) any signage or other non-structural change in the appearance of the exterior of
               the building resulting from that use being inconsistent with preservation or
               restoration of the exterior of the building in keeping with the heritage streetscape
               in the vicinity.
       (3) The council must not consent to any alteration or addition to a building, or to any
       rebuilding, which will result in a change in the appearance of the exterior of a building
       unless the council is satisfied that, after the building work has been carried out, the
       appearance of the exterior of the building will be in keeping with the preservation or
       restoration of the heritage streetscape in the vicinity.
33 Development on land identified on Acid Sulphate Soils Planning Map
       (1) Consent usually required A person must not, without the consent of the council, carry
       out works described in the following table on land of the class specified for those works,
       except as provided by subclause (3).
Class of land as shown on Works
Acid Sulphate 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 watertable below 1 metre AHD on adjacent
                             Class 1, 2, 3 or 4 land.

       (2) For the purposes of subclause (1), "works" means:
               (a) any disturbance of more than one [1] tonne of soil (such as occurs in carrying
               out construction and maintenance of drains, extractive industries, dredging, the
               construction of artificial waterbodies [including canals, dams and detention
               basins] or foundations, or flood mitigation works), or
               (b) any other works that are likely to lower the watertable regardless of how much
               soil they disturb.
       (3) Land shown on the Acid Sulphate Soils Planning Map, or land shown on that Map as
       being within a particular class, is taken not to be classified, not to be within that particular
       class, or to be within a different class, if the council makes a determination to that effect
       having regard to the quality of the land.
       (4) Exception following preliminary assessment 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 Sulphate Soils Assessment and Management
                Guidelines" has been given to the council, and
                (b) the council has provided written advice to the person proposing to carry out
                works confirming that results of the preliminary assessment indicate the proposed
                works need not be carried out pursuant to an acid sulphate soils management plan
                prepared on accordance with the "Acid Sulphate Soils Assessment and
                Management Guidelines".
       (5) Considerations for consent authorities The council must not grant a consent required
       by this clause unless it has considered:
                (a) the adequacy of an acid sulphate soils management plan prepared for the
                proposed development in accordance with the "Acid Sulphate Soils Assessment
                and Management Guidelines", and
                (b) the likelihood of the proposed development resulting in the discharge of acid
                water, and
                (c) (Repealed)
       (6) Public Authorities not excepted This clause requires consent for development to be
       carried out by councils, county councils or drainage unions despite, clause 35 and items 2
       and 11 of schedule 1 to the Environmental Planning and Assessment Act Model
       Provisions 1980, as adopted by this plan.
34 Classification and reclassification of public land as operational land
       (1) The public land described in Schedule 6 is classified, or reclassified, as operational
       land for the purposes of the Local Government Act 1993, subject to this clause.
       (2) Land described in Part 1 of Schedule 6 is not affected by the amendments made by
       the Local Government Amendment (Community Land Management) Act 1998 to section
       30 of the Local Government Act 1993.
       (3) Land described in Columns 1 and 2 of Part 2 of Schedule 6, 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:
                (a) those (if any) specified for the land in Column 3 of Part 2 of Schedule 6, and
                (b) any reservations that except land out of a Crown grant relating to the land, and
                (c) reservations of minerals (within the meaning of the Crown Lands Act 1989).
       (4) In this clause, "the relevant amending plan", in relation to land described in Part 2
       of Schedule 6, means the local environmental plan that inserted the land description in
       that Part.
       (5) Before the relevant amending plan inserted a description of land into Part 2 of
       Schedule 6, the Governor approved of subclause (3) applying to the land.
35 St Patrick's Estate
       (1) Land to which clause applies This clause applies to the land shown edged heavy black
       on Sheet 1 of the map marked " Manly Local Environmental Plan 1988 (Amendment No
       24) ", which is referred to in this clause as "St Patrick's Estate".
       (2) Precincts For the purposes of this plan, St Patrick's Estate is divided into "Precincts"
       which are shown on Sheet 1 of that map.
       (3) Planning objectives for St Patrick's Estate The objectives for development of St
       Patrick's Estate are set out in Part 1 of Schedule 11.
       (4) Controls for all development The controls for all development within St Patrick's
       Estate are set out in Part 2 of Schedule 11.
       (5) Additional controls for development within certain Precincts Additional controls for
       some of the Precincts are set out in Part 3 of Schedule 11.
       (6) Scheme for development Consent may be granted for development of land within St
       Patrick's Estate only if the consent authority is satisfied that the development will:
              (a) allow achievement of the planning objectives for St Patrick's Estate, and
              (b) be carried out in accordance with such of the controls for all development
              within St Patrick's Estate, and for development within the Precinct in which the
              land is situated, as are relevant to the proposed development.
      (7) Preservation of natural and built environmental heritage Before granting consent for
      any development, the consent authority is to be satisfied that the proposed development
      will not adversely affect conservation of the stone walls, retaining walls and steps relating
      to the historic use of St Patrick's Estate.
      (8) Consent may be granted for development in Precinct 11 only if the consent authority
      has considered a heritage impact statement relating to the impact of the proposed
      development on the Archbishop's Residence and a visual impact statement and is
      satisfied that:
              (a) the development will be subordinate and sympathetic to the Archbishop's
              Residence, and
              (b) the development will not intrude upon views to the Harbour within the 60
              degree view cone from the steps of the Archbishop's Residence shown on
              Concept Development Plan No 2 ("the concept development plan"), being
              Sheet 5 of the map marked " Manly Local Environmental Plan 1988 (Amendment
              No 24) "), and
              (c) views back to the Archbishop's Residence will be protected within that 60
              degree view cone for the initial 60 metres from its apex, and
              (d) no building resulting from carrying out the proposed development will
              protrude above the plane formed by producing straight lines extending from the
              midpoint of the steps of the Archbishop's Residence to the top of the terrace, as
              shown on the concept development plan.
      (9) Consent may be granted for development in Precincts 12 and 13 only if:
              (a) the consent authority has taken into consideration a bandicoot amelioration
              strategy and management plan applying to the subject land, and
              (b) the consent authority is satisfied that there will not be a significant impact on
              the natural and cultural heritage significance of St Patrick's Estate.
      (10) SEPP 1 State Environmental Planning Policy No 1--Development Standards does
      not apply to any requirement made by use of the expression "must" or "must not" in
      Schedule 11.
      (11) SEPP 5 State Environmental Planning Policy No 5--Housing for Older People or
      People with a Disability does not apply to land to which this clause applies.
36 Development at 9-13 South Steyne, 45-49 Ashburner Street and 58 North Steyne, Manly
      (1) This clause applies to:
              (a) land fronting or in the vicinity of South Steyne, bounded by Victoria Parade
              and Ashburner Street, Manly, and known as 9-13 South Steyne and 45-49
              Ashburner Street, Manly, and
              (b) land fronting North Steyne and Raglan Street, Manly (including the airspace
              over Francis Lane), and known as 58 North Steyne, Manly,
      as shown edged heavy black on the map marked " Manly Local Environmental Plan 1988
      (Amendment No 57) ".
      (2) Despite any other provision of this plan, consent must not be granted for the use of
      any building situated, as at 12 August 2002, on the land to which this clause applies for
      the purpose of a residential flat building or seniors housing within the meaning of State
      Environmental Planning Policy (Seniors Living) 2004.
37 Master plans
      (1) The council must not grant consent to any development on land included, on or after
      the commencement of this clause, in Schedule 12 unless:
              (a) if a draft master plan for the development of the land is required by the council
              and has been adopted by the council, the council has had regard to it, or
              (b) if a draft master plan for the land:
                        (i) has not been submitted to the council for adoption, or
                        (ii) has been submitted to the council but has not yet been adopted by the
                        council,
              the council decides, having regard to the particular circumstances of the
              development and after it has considered the matters set out in subclause (3), that it
              may grant consent to the development application and not prejudice the orderly
              development of the land.
      (2) A draft master plan may be prepared by, or on behalf of, the owner of the land
      concerned following consultation with the council.
      (3) A master plan is to address, illustrate and explain, where appropriate, proposals
      covering the following range of matters (but is not limited to them):
              (a) design principles drawn from an analysis of the site and its context,
              (b) phasing of development,
              (c) distribution of land uses, including open space and foreshore public access,
              (d) subdivision pattern,
              (e) building envelopes and built form controls,
              (f) pedestrian, cycle and road access and circulation network, with particular
              regard to public transport servicing,
              (g) parking provisions,
              (h) heritage conservation, including both Aboriginal and European heritage,
              (i) infrastructure provision,
              (j) site remediation.
38 Development of land--120-122 Condamine Street, Balgowlah
      (1) This clause applies to Lot 1, DP 599383, known as 122 Condamine Street, Balgowlah
      and Lot 5, DP 978325, known as 120 Condamine Street, Balgowlah.
      (2) Despite any other provision of this plan, consent must not be granted to the erection
      of a building or buildings on the land to which this clause applies unless a minimum of
      20% of the gross floor area of all buildings on the land is to be used for the purpose of a
      place of public worship.
Schedule 1
(Clauses 7 (1), 10)

Antique shop

Art gallery

Beautician

Butcher

Dressmaker

General store

Hairdresser

Newsagent
Tailor

Schedule 2
(Clause 10)

Bank

Chemists's shop

Delicatessen

Hairdressing salon

Milk bar

Newsagent's shop

Take-away food shop

Schedule 3
(Clause 10)

Abattoirs

Agricultural machinery manufacture

Asbestos cement products manufacture

Boilermaking

Brick, tile, pipe and pottery manufacture

Cement manufacture

Electric machinery manufacture

Extractive industries

Fireclay products manufacture

Glass products manufacture

Grain milling

Hardboard manufacture

Heavy engineering

Machinery manufacture (heavy)
Metal founding

Motor body building

Motor vehicle manufacturing and assembly

Offensive or hazardous industry

Ready-mix cement manufacture

Sawmilling

Steel products manufacture

Stone cutting and crushing

Wire manufacture

Schedule 4 Items of the environmental heritage
(Clause 7)

Architectural and Archaeological Items

                                 (A) Alphabetical Entry by Street
Item                                      Address
Mandalay Private Hospital                 2 Addison Road, Manly Point
House                                     44 Addison Road, Manly
Two terrace houses                        59-61 Addison Road, Manly
House                                     78 Addison Road, Manly
House                                     116 Addison Road, Manly
Four Houses                               95, 97, 99 and 101 Addison Road, Manly
Group of residential flat buildings       124-130 Addison Road, Manly
Addison Road (from Wood Street to
Osborne Road), Manly
Residential flat building                 1 Addison Road, Manly
House                                     30 Alexander Street, Manly (Lot 17, DP 5756)
House                                     2 Ashburner Street, Manly
Two adjoining residential flat buildings 37 and 41 Ashburner Street, Manly
Manly Golf Club House                     Balgowlah Road, Fairlight
Eastern facing (harbour facing) stone     2A Beatty Street, Balgowlah Heights
facade of original cottage
Civic buildings                           1-3 Belgrave Street, Manly (Lots 1-5, DP 126718 and
                                         Lots 1 and 2, DP 68569)
Commercial/residential building           7 Belgrave Street, Manly (Lot 1, DP 77385)
Commercial/residential building           12 Belgrave Street, Manly (Lot 1, DP 510996)
Birkley Road (from Sydney Road to
Raglan Street), west side
Superintendent's house                    Davidson Park State Recreation Area, Bantry Bay
House                                     50 Bower Street, Manly
House                                     101 Bower Street, Manly (Lot 14, DP 3806)
House                                     105 Bower Street, Manly
Residential flat building                 129 Bower Street, Manly
House                                     2 Boyle Street, Balgowlah
Seven Houses                              33-45 Boyle Street, Balgowlah
Substation                                Corner Boyle and Griffiths Streets, Balgowlah
House                                     14 Camera Street, Manly
Group of two-storey residential flat      1-5 Cameron Avenue, Manly
buildings
Residential flat building                  5a Carlton Street, Manly (Lots 1-4, SP 16614)
Group of six semi-detached houses          2-12 Cliff Street, Manly
House                                      14 Cliff Street, Manly
Residential flat building                  7 Commonwealth Parade, Manly
Electricity substation 15151               Condamine Street, Balgowlah (part of Lot 7001, DP
                                          1124091)
House                                      155 Condamine Street, Balgowlah
House                                      169 Condamine Street, Balgowlah
Residential flat building                  217 Condamine Street, Balgowlah
House                                      40 Collingwood Street, Manly
Two cast iron pedestals                    Central reservation of The Corso, between The
                                          Esplanade and Darley Road, Manly
The Corso, Manly
Commercial building                        36 The Corso, Manly (Lot 36, DP 854439)
Group of commercial buildings              41-45 The Corso, Manly (Lot 9, DP 26171)
Group of commercial buildings              46-64 The Corso, Manly (Lot Y, DP 162102 and Lots
                                          A and B, DP 304309)
New Brighton Hotel                         69-71 The Corso, Manly (Lot 1, DP 86449)
Hotel Steyne                               75 The Corso, Manly (Lot 1, DP 60569 and Lot 2, DP
                                          172592)
Group of 4 commercial buildings            102-108 The Corso, Manly (Lots 1-4, DP 39426)
St Matthew's Church and Church Hall        Corner of The Corso and Darley Road, Manly (Lots X
                                          and Z, DP 162102)
Semi-detached houses                       16 and 18 Crescent Street, Manly
House                                      10 The Crescent, Fairlight
Residential flat building                  "Cumberland", 32 The Crescent, Fairlight
Dalwood Home--principal building           21 Dalwood Avenue, Seaforth
Stone outbuilding to Dalwood home          21 Dalwood Avenue, Seaforth
House                                      62 Darley Road, Manly
St Matthew's Anglican Rectory              1 Darley Road, Manly
Commercial/residential building            2D Darley Road, Manly (Lot A, DP 405608)
One of a pair of semi-detached cottages    11 Darley Road, Manly (Lot 8, DP 631517)
One of a pair of semi-detached cottages    13 Darley Road, Manly (Lot 9, DP 631517)
Residential cottage                        15 Darley Road, Manly (Lots 6 and 7, DP 3340)
Residential flat building                  17 Darley Road, Manly (Lots 1-12, SP 49)
Commercial/residential building            24A Darley Road, Manly (Lot 2, DP 222572)
Commercial/residential building            26 Darley Road, Manly (Lot 3, DP 222572)
Commercial/residential building            26A Darley Road, Manly (Lot 4, DP 222572)
Commercial/residential building            28 Darley Road, Manly (Lot 5, DP 222572)
One of a pair of semi-detached cottages    40 Darley Road, Manly (Lot 11, DP 631517)
One of a pair of semi-detached cottages    42 Darley Road, Manly (Lot 12, DP 631517)
St Patrick's College Seminary and          Darley Road, Manly
associated buildings
St Patrick's College Complex           Darley Road, Manly
Cardinal's Palace                      Darley Road, Manly
Manly District Hospital--former        Darley Road, Manly
principal building
Row house                               26 Denison Street, Manly (Lots 9 and 16, DP 233249)
Group of 7 cottages                     26-38 Denison Street, Manly
Row house                               28 Denison Street, Manly (Lot 10, DP 233249)
Row house                               30 Denison Street, Manly (Lot 11, DP 233249)
Row house                               32 Denison Street, Manly (Lot 12, DP 233249)
Row house                               34 Denison Street, Manly (Lot 13, DP 233249)
Row house                               36 Denison Street, Manly (Lot 14, DP 233249)
Row house                               38 Denison Street, Manly (Lot 15, DP 233249)
Electricity substation 16124            Dungowan Lane, off Ashburner Street, Manly (Lot 2,
                                       DP 235803)
Manly Rowing and Sailing Club--group East Esplanade, Manly
of buildings
Manly Fun Pier                          East Esplanade, Manly
Manly Wharf (facade and street returns The Esplanade, Manly
only)
House                                   5 East Esplanade, Manly
House                                   7 East Esplanade, Manly
Commercial/residential building         28 East Esplanade, Manly (Lot 1, DP 88142)
Two terrace houses                      41-42 East Esplanade, Manly
Terraced building                       46, 47 and 48 East Esplanade, Manly(Lots A, B and C,
                                       DP 441575)
Commercial/residential building         50 East Esplanade, Manly (Lot 1, DP 80202)
Commercial/residential building         53 East Esplanade, Manly (Lots 1-9, DP 12345 and
                                       Lots 14-22, DP 49343)
House                                   18 Edgecliffe Esplanade, Seaforth
Residential flat buildings              12 and 14 Ethel Street, Balgowlah
Group of 2 storey residential flat      Eurobin Avenue--northern side (from Pittwater Road
buildings                              to Collingwood Street), Manly
Manly Reservoir                         Corner Fairlight Street and Ashley Parade, Fairlight
Group of 3 houses                       21-25 Fairlight Street, Fairlight
Group of 6 houses                       12-22 Francis Street, Fairlight
Stone building                          Corner French's Forest and Sydney Roads, Seaforth
Two adjoining houses                    17 and 19-21 George Street, Manly
Garage building                         Corner Gilbert Street and West Promenade, Manly
                                       (opposite park)
Pumping station SP0036                  Golf Parade, Manly (Lot 3, DP 5756)
Group of 4 houses                       1, 3, 5 and 11 Griffiths Street, Balgowlah
Stone terrace and adjoining house       15, 17 and 19 Griffiths Street, Balgowlah
House                                   1 Hill Street, Fairlight
Cemetery                                Hill Street, Fairlight
Convent of The Good Samaritan: Stella Iluka Avenue, Manly
Maris
House                                   17 Jackson Street, Balgowlah
House                                   19-21 Jackson Street, Balgowlah
Kangaroo Street (houses at Nos 45, 47,
49, 53, 61, 63, 65 and 67), Manly
House                                    13 King Avenue, Balgowlah
Electricity substation 16453             Krui Street, Fairlight (Lot 1278, DP 752038)
Margaret Street (from Lauderdale
Avenue to Fairlight Street), Fairlight
Five houses (4 terraced, one free        4-8 Mossgiel Street, Fairlight
standing)
Queenscliff Surf Club                     North Steyne, Queenscliff
House                                     118 North Steyne, Manly (Lot 2, DP 928178)
North Steyne Surf Life Saving Club        North Steyne, Manly
House                                     "Trevitt House", 12 Oyama Avenue, Manly
House                                     19 Ocean Road, Manly
House                                     9 Osborne Road, Manly
House                                     14 Palmerston Place, Seaforth
House                                     7 Pine Street, Manly
Group of 5 houses                         15-23 Pine Street, Manly
Former tram depot                         Corner Pittwater and Balgowlah Roads, Manly
Baby health care centre                   1 Pittwater Road, Manly (Lot C, DP 332042)
House                                     15-17 Pittwater Road, Manly (Lots 1-5, SP 64980)
Pair of houses                            25 and 27 Pittwater Road, Manly (Lot 2, DP 226667
                                         and Lot 1, DP 515956)
Group of commercial and residential       35-49 Pittwater Road, Manly (Lots 1-8, DP 233249)
buildings
Private Hotel                             61 Pittwater Road, Manly (Lot A, DP 328185 and Lot
                                         1, DP 932896)
House                                     77 Pittwater Road, Manly (Lot 1, DP 503181)
House                                     80 Pittwater Road, Manly (Lot 62, DP 192310)
House                                     82 Pittwater Road, Manly (Lot 1, DP 798774)
House                                     105 Pittwater Road, Manly (Lot 9, DP 2427)
House                                     107 Pittwater Road, Manly (Lot 1, DP 1030198)
House                                     108 Pittwater Road, Manly (Lot 2, DP 576052)
House                                     110 Pittwater Road, Manly (Lot 1, DP 576052)
Service station                           167 Pittwater Road, Manly (Lot 1, DP 303817, Lot 2,
                                         DP 656268 and Lots 9-12, Section 6, DP 2427)
House                                     184 Pittwater Road, Manly (Lot 30, DP 2427)
Commercial building                       210-214 Pittwater Road, Manly (Lots 3-5, DP 107720)
Group of commercial buildings             216-218 Pittwater Road, Manly (Lots 1 and 2, DP
                                         107720)
House                                     226 Pittwater Road, Manly (Lot 1, DP 798037)
Pumping station                           252 Pittwater Road, Manly (Lot 1, DP 744872)
Quinton Road (from Raglan Street to
Augusta Road), Manly
St Andrew's Presbyterian Church          Raglan Street, Manly
St Andrew's Hall and Manse               Raglan Street, Manly
Raglan Street (between Ocean Road and
Birkley Road, north side), Manly
Memorial club                            52 Raglan Street, Manly (Lot 2077, DP 7520385)
House                                    "Logan Brae", 32 Reddall Street, Manly
House                                    "Stone House", lot 2, Rignold Street, Seaforth
House                                    14 Ross Street, Seaforth
Public shelters                          South Steyne, Manly
Two residential/commercial buildings     7 and 14 South Steyne, Manly
House                                    15 South Steyne, Manly
House                                    8 Stuart Street, Manly
House                                    34 Stuart Street, Manly
Group of houses                          85-99 Stuart Street, Manly
Congregational Church                    Corner Sydney Road and Whistler Street, Manly (Lot
                                        2, DP 570336)
Commercial/residential building (street 4-10 Sydney Road, Manly (Lot 1, DP 628937)
facade only)
Commercial/residential building          12 Sydney Road, Manly (Lots 1-7, SP 20699)
Group of 5 commercial buildings          39-47 Sydney Road, Manly (Lots 1-4, DP 445942 and
                                        Lot 5, DP 554506)
House                                    83 Sydney Road, Manly
Two commercial buildings                 "Rose Building", 152-154 Sydney Road, Fairlight
House ("Edinboro")                       297 Sydney Road, Balgowlah (Lot 4, DP 666702)
Group of houses                          303, 305 and 307 Sydney Road, Balgowlah
Commercial building                      463 Sydney Road, Balgowlah
House                                    6 Thornton Street, Fairlight
Residential flat building                11 Victoria Parade, Manly (Lots 1-4, SP 31058)
Commercial/residential building          13 Victoria Parade, Manly (Lots 1-8, DP 13941)
Residential building                     29 Victoria Parade, Manly (Lot 1, DP 65862)
Residential flat building                31 Victoria Parade, Manly (SP 11799)
House                                    78 Wanganella Street, Balgowlah
1920s school building                    10 Wentworth Street, Manly (Lot 1, DP 999134)
Former School of Arts                    12 Wentworth Street, Manly (Lot 1, DP 999137)
The Drummond Far West Home               22 Wentworth Street, Manly
Bus depot                                West Esplanade, Manly
Dressing pavilion and amenities block    West Esplanade, Manly
West Promenade (residential flat
buildings at Nos 3-8), Manly
Uniting Church                           4 West Promenade, Manly
St Mary's Church, Presbytery and         Corner Whistler and Raglan Streets, Manly
School
Masonic Hall                             51 Whistler Street, Manly
House                                    53 Whistler Street, Manly (Lot 1, DP 742272)
House                                    55 Whistler Street, Manly (Lot 1, DP 85051)
House                                    65 Whistler Street, Manly (Lot 24, DP 192310)
Catholic Church                          Corner White and Wanganella Streets, Balgowlah
House                                    Corner White and Jackson Streets (28 White Street),
                                        Balgowlah
House                                    Corner White and Woodland Streets (37 White Street),
                                        Balgowlah
House                                    1 Whittle Avenue, Seaforth
House                                    "Merriwa", 10 Wood Street, Manly
Houses                                   42 and 46-48 Wood Street, Manly
Residential flat building                49 Wood Street, Manly
House                                    51 Wood Street, Manly
House                                    1 Woodland Street, Balgowlah

                     (B) Alphabetical Entry by Park, Reserve, etc
Item                          Address
Middle Harbour Submarine      Clontarf Reserve, adjacent to Holmes Avenue, Clontarf
Syphon
Fortifications                   Dobroyd Head, Sydney Harbour National Park
Crater Huts                      Dobroyd Head, Sydney Harbour National Park
Grotto Point light               Grotto Point, Sydney Harbour National Park
The Ivanhoe Loop                 Ivanhoe Park, Manly
Site of gasworks                 Little Manly Point (bounded by Carey and Stuart Streets),
                                 Manly
North Head Fortifications        North Head, Manly
Stone walls                      North Head, Manly
North Head Scenic Drive,         North Head, Manly
Parkhill Reserve
The School of Artillery           North Head, Manly
The Australian Police Staff       North Head, Manly
College
The Kiosk                         Shelly Beach, Manly (Lot 36A, DP 390597 and part of Lot
                                 7013, DP 1023211)
Quarantine Station                Sydney Harbour National Park, North Head, Manly
Cemetery                          Sydney Harbour National Park, North Head, Manly
Group of Institutional Buildings Commonwealth Military Reserve, North Head, Manly
The Spit, Seaforth                Seaforth
Reserved track for trams          From Whittle Avenue to The Spit Bridge, Seaforth
Former Bridge                     The Spit, Seaforth
Vehicular ferry ramp              The Spit Bridge, Seaforth
Tram terminus and wharf for tram The Spit Bridge, Seaforth
punt
Monument                          The Spit Bridge, Seaforth

Landscape Items

                               (A) Alphabetical Entries by Street
Item                                                       Address
Addison Road (from Bruce Avenue to Reddall Street),
Manly
Alan Avenue, Seaforth
Alexander Street (from Collingwood Street to Balgowlah
Road), Manly
Ashburner Street, Manly
Balgowlah Road (from Condamine Street to Manly Golf
Club House), Balgowlah
2 Trees (Ficus rubiginosa and Pinus radiata)               Lot B, DP 393053, off Battle
                                                          Boulevarde, Seaforth
Street trees (Acaucaria heterophylla)                      Bower Street (from Cliff Street to
                                                          College Street), Manly
Street tree Port Jackson Fig (Ficus rubignosa)             Cliff Street, Manly
Bellevue Street (from Sydney Road to Griffiths Street),
Balgowlah
Collingwood Street (from Iluka Avenue to Eurobin
Avenue), Manly
Condamine Street (from Griffiths Street to Sydney Road),
Balgowlah
The Corso (from Whistler Street to Sydney Road), Manly
Cardinal's Palace Grounds                                    Darley Road, Manly
St Patrick's College Grounds                                 St Patrick's College, Darley Road,
                                                            Manly
St Patrick's College Stone Walls                             Boundary of St Patrick's College,
                                                            Darley Road, Manly
Stone building                                               within St Patrick's Estate, North
                                                            Head
Stone wall                                                   within St Patrick's Estate, North
                                                            Head
Monument                                                     East Esplanade, Manly
Edwin Street, Fairlight
2 Street trees (Livistona australis)                         Francis Street (near corner of Arthur
                                                            Street), Fairlight
Griffiths Street (from Condamine to Boyle Streets and
from Hill to Bellevue Streets), Balgowlah
2 Moreton Bay Fig trees (Ficus macrophylla)                  Courtyard in Stella Maris Convent,
                                                            Iluka Avenue, Manly
7 Coral trees (Erythrina indica)                             Corner Kenneth Road and
                                                            Balgowlah Road, Manly
2 Monterey Pine Trees (Pinus radiata)                        2 Linkmead Avenue, Clontarf, lot
                                                            Y, DP 415123
Lodge Street (from Woodland to Condamine Streets and
Condamine to Boyle Streets), Balgowlah
Lombard Street, Balgowlah
Malvern Avenue, Manly
Margaret Street (from Lauderdale Avenue to Fairlight
Street), Fairlight
Street trees: 1 Norfolk Island Pine (Araucaria               Marshall Street, Manly
heterophylla); 1 Port Jackson Fig (Ficus rubiginosa); and 1
Norfolk Island Hibiscus (Lagunaria patersonii)
Pacific Parade, Manly
Pacific Street (from Collingwood Street to Malvern
Avenue), Manly
Panorama Parade (from Edgecliffe Esplanade to Ponsonby
Parade), Seaforth
Port Jackson Fig Tree (Ficus rubiginosa)                     Lot 20, Pine Point, off Laura Street,
                                                            Seaforth
Pine Street (from Collingwood to Smith Streets), Manly
Seaview Street (from New Street to Upper Beach Street),
Balgowlah
Smith Street (from Pine Street to Carlton Street, and
around the intersection with Alexander Street), Manly
Dalley's Castle remnants                                     Sydney Road, Manly
Monument--War Memorial                                       The Corso, Manly
Victoria Parade, Manly
Waratah Street, Balgowlah
West Street (from Lombard to Griffiths Streets),
Balgowlah
Wentworth Street, Manly
Governor Phillip Monument Garden                             West Esplanade, Manly
                                                            "Whitehall", corner White Street and
                                                         Woodland Streets, Balgowlah
Row of palm trees (Washingtona robusta)                   137 Woodland Street (SP 9100),
                                                         Balgowlah

                        (B) Alphabetical Entry by Park, Reserve, etc
Item                                                       Address
Bantry Bluff                                               Seaforth/Bantry Bay entrance
                                                          Middle Harbour (Davidson Park
                                                          State Recreation Area)
Natural landscape                                          Dobroyd Headland and Grotto
                                                          Point, Sydney Harbour National
                                                          Park
Clontarf Park                                              Clontarf, Middle Harbour
Norfolk Island Pine Commemorative tree (Araucaria          Clontarf Park, Middle Harbour
heterophylla)
Esplanade Park                                             Fairlight Foreshore, North Harbour
Park                                                       East Esplanade, Manly
Park                                                       West Esplanade, Manly
Fisher Bay                                                 Fisher Bay between Spit Bridge,
                                                          Seaforth, and Sandy Bay Road,
                                                          Clontarf
Several Canary Island Palm Trees (Phoenix cananiensis)     Forty Baskets Beach Reserve,
                                                          Balgowlah
Park                                                       Gilbert Park, Manly
Park                                                       Ivanhoe Park (bounded by Sydney
                                                          Road, Belgrave Street and Raglan
                                                          Street), Manly
Kangaroo Sculpture                                         Kangaroo Reserve, Manly
Row of Norfolk Island Pine trees (Araucaria heterophylla) Lagoon Park, Manly
Corner Moreton Bay Fig (Ficus macrophylla), row of         Manly Cemetery, Balgowlah
Camphor Laurels (Cinnamomum camphora) along Harland
Street and a row of Monterery Pines (Pinus radiata) along
Hill Street
Stone kerbs                                                Manly Municipal area
Ocean foreshores                                           Boundary of Municipality adjacent
                                                          to the ocean
Harbour foreshores                                         Boundary of Municipality adjacent
                                                          to the Harbour
Beach Reserve                                              North and South Steyne, Manly
                                                          (Merrett Park and The Steyne)
Moreton Bay Fig Tree (Ficus Macrophylla)                   North Harbour Reserve, Balgowlah
Waterfall                                                  North Harbour, Balgowlah
National Park                                              North Head, Sydney Harbour
                                                          National Park, Manly
Obelisk                                                    North Head, Sydney Harbour
                                                          National Park, Manly
Quarantine Station stone cairn                             Quarantine Station, Sydney
                                                          Harbour National Park, North Head,
                                                          Manly
Quarantine Station stone walls                             Quarantine Station, Sydney
                                                          Harbour National Park, North Head,
                                                           Manly
Quarantine Station                                          Sydney Harbour National Park,
                                                           North Head, Manly
Park Hill Reserve gateway                                   Entrance to North Head at end of
                                                           Darley Road leading to Sydney
                                                           Harbour National Park, North Head,
                                                           Manly
Remnant natural bushland and baths                          Powder Hulk Bay in vicinity of
                                                           Sangrado Street, Seaforth
Unnamed reserve                                             Off Stuart Street (adjacent to Spring
                                                           Cove), Manly
Reserve park                                                Tower Reserve, Manly
Reserve                                                     Wellings Reserve, North Harbour
Two Moreton Bay Fig trees (Ficus macrophylla)               Unnamed reserve off Bower Street
                                                           (Fairy Bower), Manly
Park                                                        Unnamed triangular park in front of
                                                           Council Chambers, Manly.
Natural escarpment                                          Kangaroo Park

CONSERVATION AREA
Town Centre Conservation Area

The Pittwater Road Conservation Area

Schedule 5 Development for additional purposes
(Clause 31)

Land being Lot 10, DP 702452 and SP 21669, at No 3 Thornton Street, Fairlight, as shown
edged heavy black on the map marked " Manly Local Environmental Plan 1988 (Amendment No
3) "--commercial premises.

Land being 22 to 26 Wentworth Street, and 15 and 16 South Steyne, Manly, as shown edged
heavy black on the map marked " Manly Local Environmental Plan 1988 (Amendment No 11)
"--medical centres.

Land being 93-95 North Steyne, Manly, as shown edged heavy black on the map marked "
Manly Local Environmental Plan 1988 (Amendment No 16) "--hire and sale of goods associated
with recreational activities on the Manly ocean beach and beach front reserve in shops on the
ground floor of the building situated on the land.

Land being Lots A and B, DP 347250, Lots A and B, DP 162462, Lot A, DP 382578, Lot 25, DP
8949, Lot 7, DP 9650 and Lot 2, DP 303359, known as the Totem shopping centre, 168-182
Woodland Street, Balgowlah, as shown edged heavy black on Sheet 2 of the map marked "
Manly Local Environmental Plan 1988 (Amendment No 45) "--basement car parking associated
with that shopping centre, provided that:

       (a) the roof of the car park:
                (i) does not exceed 2 metres above the existing ground level, and
                (ii) is graded back to the existing ground level between 182 and 172 Woodland
                Street, Balgowlah, and
        (b) vehicular access to the car park (other than for residential purposes) is prohibited from
        Woodland Street.
Land being Lot 1, DP 72699 and Lot 4, DP 65707, being part of land known as No 22
Wentworth Street, Manly, as shown edged heavy black on Sheet 2 of the map marked " Manly
Local Environmental Plan 1988 (Amendment No 54) "--rented residential accommodation that
provides each lodger at the accommodation with a principal place of residence for a period of not
less than 3 consecutive months.

Land being part of Lot 6, DP 30586, Quirk Road, Balgowlah, as shown edged heavy black on the
map marked " Manly Local Environmental Plan 1988 (Amendment No 75) "--emergency
services facility, being a building or place used for the provision of police, fire, and ambulance
services or the like, and which may include training rooms and administration buildings or places
used to store, service or repair vehicles or equipment, subject to such conditions as are necessary
to ensure that:

        (a) the proposed development of the land will not adversely affect the viability of any
        endangered ecological community adjacent to the site, and
        (b) the proposed emergency services facility will not adversely impact on adjacent land
        uses or on the water quality of the adjacent creek.
Land being Lots 2 and 3, DP 229826 and Lots 2 and 3, DP 701462, known as 17 Roseberry
Street, Balgowlah and Lot 10, DP 811755, known as 31 Roseberry Street, Balgowlah, as shown
edged heavy black on the map marked " Manly Local Environmental Plan 1988 (Amendment No
79) "--supermarket.

Schedule 6 Classification and reclassification of public land
as operational land
(Clause 34)

Part 1 – Land classified, or reclassified, under original section 30 of Local
Government Act 1993
Suwarrow Street, Fairlight--Lot 30 Sec 4 DP 939916

Part 2 – Land classified, or reclassified, under amended section 30 of Local
Government Act 1993
Column Column 2                                                                        Column 3
1
Locality Description                                                                   Any trusts
                                                                                      etc not
                                                                                      discharged
Balgowl
ah
Quirk    So much of Lot 2, DP 309490 as is shown edged heavy black and       --
Road    coloured purple on the map marked " Manly Local Environmental Plan
        1988 (Amendment No 62) ".
Quirk    So much of Lot 6, DP 30586 as is shown edged heavy black on the map --
Road    marked " Manly Local Environmental Plan 1988 (Amendment No 75) ".
Schedule 7 Maps
(Clause 7 (3))

Map   Items of the Environment Heritage--Map 1 Landscape
2
Map   Items of the Environment Heritage--Map 2 Architecture and Historical Archaeology
3
Map    Manly Local Environmental Plan (Amendment No 34--Exempt and Complying
4     Development)--Environmentally Sensitive Areas Map 4
Map    Manly Local Environmental Plan (Amendment No 34--Exempt and Complying
5     Development)--Acid Sulphate Soils Planning Map 5

Schedule 8 Exempt development
(Clause 10A (1))

General Standards for all types of development
Development identified in this Schedule is only exempt development if:

       In relation to amenity
                a. it does not cause interference with the amenity of the neighbourhood because of
                emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust,
                waste water, waste products, grit or oil or otherwise, and
                b. it does not require a tree (as defined in the Manly Tree Preservation Order) to
                be removed, and
                c. it does not create any actual or potential hazard to health and safety or any
                pollution or potential for pollution, and
       In relation to statutory standards
                d. it complies with all deemed-to-satisfy provisions of the Building Code of
                Australia relevant to the development, and
                e. it complies with any relevant standards set for the development by this plan and
                by any of the following relevant Manly Development Control Plans;--Residential
                Zone 2001 adopted 24/9/01; Business Zone (Amendment 2) adopted 10/5/99;
                Industrial Zone adopted 5/2/91; Access adopted 12/8/96; Advertising Signs
                adopted 5/10/93; Energy Efficient Buildings adopted 22/6/98; Backpackers
                Accommodation adopted 7/9/98; Notification adopted 28/06/99; and/or specific
                Plan of Management applying to the land, and
                f. it complies with all relevant SAA (Australian Standards), and
                g. it does not contravene any conditions of development consent applying to the
                land and (except in the case of advertisements displayed on bus shelters) is for an
                activity permissible in the zone, and
                h. it is not work to which clause 33 (Development on Land identified on Acid
                Sulphate Soils Planning Map) applies, and
       In relation to stormwater and sewer
                i. it does not obstruct drainage on the site on which it is carried out, and
                j. it is carried out at least one metre from any public sewer main or easement and
                complies with the "building over sewer" requirements of Sydney Water
                Corporation applying to the land, and
       In relation to access
                k. it does not restrict any vehicular or pedestrian access to or from the site, and
                l. it is carried out at least one metre from any easement, and
       In relation to safety
                m. all equipment is installed according to the manufacturer's specifications and by
                qualified tradespeople where relevant, and
                n. the work meets all relevant WorkCover requirements, and
       In relation to conservation
                o. it is carried out behind the building line, where it is in a heritage streetscape
                and/or conservation area, and
                p. the site is not within or on National Parks and Wildlife land, and
                q. the site is not an Aboriginal place under the National Parks and Wildlife Act
                1974, and
                r. the site is not reserved or dedicated under the Crown Lands Act 1989 for the
                preservation of flora, fauna, or geological formations, or for other environmental
                protection purposes, and
                s. the site is not an aquatic reserve declared under the Fisheries Management Act
                1994.
Additional standards for specific types of development
1   2                                                   3
NO THE ERECTION OR CARRYING OUT                         STANDARDS
   OF ANY OF THE FOLLOWING
1   Access ramps for the physically                     â–¡ Maximum height 1m above ground
   disadvantaged                                      level;â–¡ Maximum grade 1:14;
2   Air conditioning in dwellingsClothes                â–¡ Not forward of Building Line &; screened
   linesSecurity installationsPollution control from street;â–¡ All below eaves;â–¡
   devicesWater tanks &; water heaters                Noise/sound = less than 5 dB(a) at level 10;â–¡
                                                      Tanks are a maximum 3000 litres with piped
                                                      overflow to stormwater;â–¡ Tanks to be
                                                      ‘stand alone' structures;
3   Aerials/antennaeFlagpolesSatellite dishes           â–¡ All to be behind building line except
                                                      flagpoles;â–¡ Maximum of 1 of each per
                                                      dwelling;â–¡ Non-illuminated;â–¡ All (except
                                                      satellite dishes) maximum 2 metres above roof
                                                      ridge;â–¡ satellite dishes on roofs maximum 1m
                                                      above roof ridgeâ–¡ All parts within property
                                                      boundary;â–¡ Low impact telecommunication
                                                      facilities, as identified in the schedule to the
                                                      Telecommunications Determination 1997,
                                                      only;â–¡ Dishes 1000 mm or less in diameter in
                                                      all zones;â–¡ Dishes at ground level must be
                                                      less than 1.8m above natural ground level or
                                                      less than height of adjoining fence, whatever is
                                                      the greater;â–¡ Dishes on roofs must not be
                                                      exposed to the street frontage;â–¡ To be no
                                                      greater than 6m above natural ground level;
4   Awnings/canopies/blinds                             â–¡ Within residential zones only;â–¡ Within
                                                      property boundary;
5   BBQsCabanasGreenhousesAviariesCubbies â–¡ Maximum of 1 of each per site;â–¡
   (or cubby houses)Garden sheds                      Combined maximum area to be no greater than
                                                      15m 2;â–¡ Maintains open space as required by
                                                      Section 3.2 of the Residential DCP;â–¡ Not
                                                      forward of Building Line;â–¡ Maximum height
                                                      = 2.7m above natural ground level;â–¡
                                                  Non-reflective;â–¡ Maintains 900 mm side and
                                                  rear boundary setbacks;
6     Bed &; Breakfast Accommodation               â–¡ Within an approved dwelling;â–¡ Does not
                                                  contain facilities in guest rooms for preparation
                                                  of meals;â–¡ Limit of two guests;â–¡ Offers (at
                                                  least) breakfast for guests;â–¡
                                                  Temporary/overnight for short-term
                                                  travellers;â–¡ Not for permanent or long-term
                                                  accommodation except for operators of the
                                                  facility;â–¡ Compliance certificate issued by
                                                  Sydney Water Corporation, if required, for any
                                                  increase in water usage or waste water disposal
7     Change of use of a building: A different use â–¡ Original use was a lawful use;â–¡ Does not
     of a building resulting from a change of its include any use/activity outside (ie the
     use:• from one type of shop to another     curtilage) the premises;□ Does not change the
     type of shop, or• from one type of office approved hours of operation;□ Conditions of
     to another type of office, or• from one    any original consent relating to landscaping,
     type of commercial premises to another type parking, waste disposal and loading/unloading,
     of commercial premises, or• from one       still apply to any new use;□ No increase in or
     type of factory or warehouse to another type change in type of trade wastes discharged from
     of factory or warehouse                      the premisesâ–¡ Does not apply to food
                                                  shops;â–¡ Does not apply to shops advertising
                                                  or displaying products in contravention of
                                                  section 578E of the Crimes Act 1900;â–¡ In the
                                                  case of factories and warehouses each must be
                                                  less than 500m 2 in gross floor area and have
                                                  off-street service access and loading;â–¡ In the
                                                  case of offices, shops and commercial
                                                  premises, each must be less than 200m 2 of
                                                  gross floor area;
8     Decks/patios                                 â–¡ No greater than 15m 2 total combined
                                                  area;â–¡ Maximum depth = 2.5m;â–¡ Surface
                                                  level no greater than 500 mm above natural
                                                  ground level;â–¡ Not penetrating setbacks
                                                  prescribed in the Manly Residential DCP;â–¡
                                                  Does not have a roof structure;
9     Demolition                                   â–¡ Only if ordered by the Council or if
                                                  involves demolition of a structure the erection
                                                  of which would be exempt development;
10    Fences (not for swimming pools)              forward of Building Lineâ–¡ No greater than
                                                  1000 mm high;sideâ–¡ No greater than 1.8m
                                                  highâ–¡ Not forward of building
                                                  line;masonry/brickâ–¡ No greater than 1000
                                                  mm high in all cases;
11    Home occupation                              Nil
12    Letter boxes                                 â–¡ Maximum height 1.2m above natural
                                                  ground level;â–¡ Maximum of one for each
                                                  dwelling;â–¡ Numbering on each visible from
                                                  the street.
13    Minor internal alterations and exterior      â–¡ Non-structural;â–¡ Relates to previously
     maintenance and renovation                   completed building;â–¡ Does not apply to food
                                           shops;â–¡ Does not apply to buildings
                                           identified as a heritage item nor within an
                                           identified conservation street or area;â–¡ No
                                           greater than 10% increase in glazed area of the
                                           subject façade;□ To conform with any
                                           original development consent;â–¡ Replacement
                                           only, does not apply to new windows.
14   Pergolas                               â–¡ No greater than 3.0m above natural
                                           ground level;â–¡ No greater than 2.5m in
                                           depth;â–¡ No greater than 15m 2 in area;â–¡ No
                                           solid walls or roof;
15   Public meeting(s)                      Within a Class 9 (b) building within the
                                           meaning of the Building Code of Australia
                                           which includes community and school halls
                                           and the like;
16   Re-cladding roofs and walls            â–¡ With similar materials;â–¡ No structural
                                           alterations;â–¡ Non-reflective.
17   Retaining walls                        â–¡ No greater than 600 mm high;
18   Scaffolding                            â–¡ Does not encroach on any public
                                           thoroughfare;â–¡ Removed immediately after
                                           work is concluded;
19   Solar water heaters                    â–¡ No storage tanks facing street frontage;
20   Skylights                              â–¡ Greater than 900 mm from boundary or
                                           from wall of attached dwelling;â–¡ Maximum
                                           1.2m 2 in total area;â–¡ No structural
                                           alterations;â–¡ Adequate waterproofing of any
                                           new openings;â–¡ Maximum height above roof
                                           surface = 300 mm;
21   Signs--business identification         â–¡ Must not cover vents nor windows;â–¡
                                           One only per premises;â–¡ Message must relate
                                           to use or ownership of the land or premises;â–¡
                                           No less than 2.6m above footpath level &; no
                                           less than 600 mm from kerb if in a road
                                           reservation;â–¡ No greater than 1.5m 2 area if
                                           under awning;â–¡ No greater than 2.5m 2 area
                                           for projecting signs, flush wall signs &; top
                                           hamper signs;â–¡ No greater than 0.75m 2 in
                                           area;â–¡ Only for a ground floor use for which
                                           consent has been granted;
22   Signs--real estate                     â–¡ Only one per premises;â–¡ Within
                                           property boundaries;â–¡ Not illuminated;â–¡
                                           No greater than 3.5m 2 in area;â–¡ No greater
                                           than 2.5m 2 in area;
23  Signs--change in advertising message    â–¡ On an existing hoarding or bulletin board
   displayed                               only;â–¡ No change to physical form.
23 Signs--third party advertising           â–¡ Only one per premises;â–¡ Within
A                                          business and industrial zones only;â–¡ Must not
                                           be located on an item of the environmental
                                           heritage;â–¡ Message must relate to a good,
                                           commodity or service dealt with or provided at
                                           the place or premises;â–¡ No greater than 1.2m
                                                 in length and 0.6m in height;â–¡ Not
                                                 illuminated;â–¡ Does not encroach on a
                                                 footway or road (within the meaning of the
                                                 Roads Act 1993);
24 Temporary change of use of a building for â–¡ Can be a building of a different
   public entertainment                          classification under the Building Code of
                                                 Australia;â–¡ Only for a previously approved
                                                 use;â–¡ The building is not higher than 25m at
                                                 its highest point;â–¡ For a continuous period no
                                                 greater than 72 hours;
25 Temporary use of certain land in buildings â–¡ Applies to public land vested in the
   within Class 9 (b), within the meaning of the Crown, a Minister or Statutory body, or land in
   Building Code of Australia                    Zone 5;â–¡ 21 day time limit on use;â–¡
                                                 Requires permission of owner or trustee of the
                                                 land;â–¡ Does not involve erection of a
                                                 permanent structure;
26 Bridges, steps, ramps etcSporting              generallyâ–¡ In public areas and/or on public
   StructuresLandscapingPublic FurniturePlay land;â–¡ By or on behalf of the Council and/or
   EquipmentToilet blocksStreet SignsBus         the Roads and Traffic Authority;â–¡ Complies
   Shelters (and, except in the case of bus      with NPWS Standards where appropriate;â–¡
   shelters in conservation areas or heritage    Does not apply to buildings except toilet
   streetscapes, advertisements displayed on     blocks;â–¡ Complies with relevant Plan of
   panels forming an integral part of a bus      Management adopted for the subject
   shelter, being panels designed, or used, for land;bridgesâ–¡ Maximum 5m span
   the display of
   advertisements)Stormwater/drainageEnviron
   mental ProtectionWorks

Schedule 9 Complying development
(Clause 10A (2))

General standards for all types of development
Development identified in this Schedule is complying development only if:

       In relation to amenity
                a. it does not create an actual or potential hazard to health or safety or any
                pollution or potential for pollution, and
                b. it is not on contaminated land subject to assessment under State Environmental
                Planning Policy No 55--Remediation of Land, and
       In relation to statutory standards
                c. it is not an existing use as defined by S 106 of the Act, and
                d. it complies with any deemed-to-satisfy provisions of the Building Code of
                Australia relevant to the development, and
                e. it complies with all relevant SAA (Australian Standards), and
                f. it complies with the relevant quantitative development standards set for the
                development by this plan and by any of the following relevant Manly
                Development Control Plans:--Residential Zone 2001 adopted 24/9/01; Business
                Zone Amendment 2 adopted 10/5/99; Industrial Zone adopted 5/2/91; Access
                adopted 12/8/96; Advertising Signs adopted 5/10/93; Energy Efficient Buildings
                adopted 22/6/98; Backpackers Accommodation adopted 7/9/98; Notification
                adopted 28/06/99, and
                g. it does not contravene any conditions of development consent applying to the
                land, and
       In relation to stormwater and sewer
                h. a certificate of compliance has been obtained for the development (if required)
                from Sydney Water Corporation, and
                i. it does not obstruct drainage on the site on which it is carried out, and
                j. it complies with the "building over sewer" requirements of Sydney Water
                Corporation applying to the land, and
       In relation to access
                k. it does not restrict any vehicular or pedestrian access to or from the site, and
       In relation to safety
                l. all equipment is installed according to the manufacturer's specifications and by
                qualified tradespersons where relevant, and
                m. the work meets all relevant WorkCover requirements, and
       In relation to conservation
                n. it is not within a conservation area, and
                o. it is consistent with any management plan approved under State Environmental
                Planning Policy No 44--Koala Habitat, and with any recovery plan or threat
                abatement plan in force under the Threatened Species Conservation Act 1995, that
                apply to the land, and
                p. it is not within or on any National Parks and Wildlife land, and
                q. it is not an Aboriginal place under the National Parks and Wildlife Act 1974,
                and
                r. it is not on land reserved or dedicated under the Crown Lands Act 1989 for the
                preservation of flora, fauna, or geological formations, or for other environmental
                protection purposes, and
                s. it is not an aquatic reserve declared under the Fisheries Management Act 1994,
                and
                t. it is not work to which Clause 33--(Development on land identified on Acid
                Sulphate Soils Planning Map) applies.
Additional standards for specific types of development
1    2                        3         4
Ite The erection or                     Standards
m carrying out of any Categori
    of the following         es of
                             standards
1    Alterations:                      â–¡ On a site with a slope of no greater than 1:20 as shown on
    External alterations,              a recent survey plan;â–¡ Maximum of 3m above natural
    or additions, to                   ground level to eaves;â–¡ Maximum finished floor level
    existing structure                 RL500 mm above natural ground level;
                                       â–¡ Not forward of front Building Line;â–¡ In the case of
                                       development in a residential zone, the development maintains
                                       minimum setbacks required by Section 3.5 of the Residential
                                       DCP;â–¡ Signed agreement by adjoining owner in accordance
                                       with Clause 3.2 of the Notification DCP adopted 28/06/99 has
                                       been received;
                                       â–¡ Maintains maximum floor space ratios required by any
                                       relevant DCPs;
                                       â–¡ Same building materials, colours and textures as the
                                       existing building;
                                       â–¡ Retains open space required by Section 3.2 of the
                            Residential DCP;â–¡ Does not relate to residential
                            development in non-residential zones;â–¡ Not within the
                            Foreshore Scenic Protection Areaâ–¡ Work must relate to
                            primary use of the site;â–¡ Does not result in rooms within the
                            roof space;
2    Residential            Nil
    alterations; internal
3    Cabanas/green          â–¡ Signed agreement by adjoining owner in accordance with
    houses/                 Clause 3.2 of the Notification DCP adopted 28/06/99 has
    cubbies/sheds or        been received;â–¡ One of each per site;â–¡ Non-reflective
    cubby houses            finished surfaces;
                            â–¡ Area taken must be no greater than 30m 2 in total;â–¡
                            Retains open space required by Section 3.2 of the Residential
                            DCP;
                            â–¡ Maximum of 3m above natural ground level;
                            â–¡ Minimum 900 mm from all side and rear boundaries;â–¡
                            Not forward of building line;
4    Dwelling;Single        â–¡ One per legally created allotment;â–¡ On a site with a
    detached                slope of no greater than 1:20 as shown on a recent survey
                            plan;
                            â–¡ Maximum 3.0m above natural ground level to eaves;â–¡
                            Subject to compliance with ALL quantitative requirements of
                            the Residential DCP;â–¡ Signed agreement by adjoining
                            owner in accordance with Clause 3.2 of the Notification DCP
                            adopted 28/06/99 has been received;â–¡ Not within the
                            Foreshore Scenic Protection Area;â–¡ No rooms within the
                            roof space;
5    Fences;Free            â–¡ Maximum 1.8m above natural ground level;
    standing side and
    rear masonry or
    brick walls
                            â–¡ Not incremental nor immediately above retaining
                            walls;â–¡ Not forward of building line;â–¡ Signed agreement
                            by adjoining owner in accordance with Clause 3.2 of the
                            Notification DCP adopted 28/06/99 has been received;
6    Garages &;             â–¡ Maximum 36m 2 for garages and carports;â–¡ Conforms
    Carports and            with Section 3.12 of the Residential DCP;â–¡ Retains open
    Driveways               space required by Section 3.2 of the Residential DCP;
                            â–¡ Maximum height of 3m to underside of eaves;â–¡
                            Maximum RL 250mm finished floor level above natural
                            ground level;â–¡ Maximum 25 degree roof pitch;â–¡
                            Driveways cannot be elevated nor suspended;â–¡ No
                            subterranean building except foundations;â–¡ Not forward of
                            building line;â–¡ Not within the Foreshore Scenic Protection
                            Area.
                            â–¡ Signed agreement by adjoining owner in accordance with
                            Clause 3.2 of the Notification DCP adopted 28/06/99 has
                            been received;
7    Industrial-- Change    â–¡ No additional floor space is created;â–¡ Works to be
    of use from one         within the existing approved envelope of the building;
    industrial use to
     another or internal
     alterations to
     premises used for
     industrial use
                            â–¡ No decrease in distances required for fire exit routes or
                            changes to existing fire safety provisions;â–¡ A new fire
                            safety certificate is required from the PCA;
                            â–¡ Any new entrance faces the public street or public
                            pedestrian way;â–¡ No increase in car parking provisions
                            created as a result of alterations or change of use;
                            â–¡ The proposal does NOT involve any decontamination
                            work.
8     Offices/Shops--       â–¡ Not more than 2000m 2 of gross floor area is changed;â–¡
     Change of use from     No additional floor space is created;â–¡ Works to be within
     one type of shop to    the existing approved envelope of the building;â–¡ No
     another or internal    increase in any retail floor space;
     alterations to
     premises used as a
     shop
                            â–¡ No increase in car parking provisions created as a result of
                            internal alterations or change of use;â–¡ Any new entrances
                            must face a public street or public pedestrian way;
                            â–¡ No decrease in distances required for fire exit routes;
                            â–¡ No change in approved hours of operation;â–¡ The
                            proposed use does not involve use of premises as a:
                            Methadone clinic, or Adult book shop, or Brothel, or
                            Amusement Centre, or Funeral parlour.
9     Pergolas with roofs   â–¡ No greater than 3.0m above natural ground level;â–¡ No
                            greater than 2.5m in depth;â–¡ No greater than 15m 2 in
                            area.â–¡ Signed agreement by adjoining owner in accordance
                            with Clause 3.2 of the Notification DCP adopted 28/06/99 has
                            been received;
10    Retaining Walls       â–¡ Signed agreement by adjoining owner in accordance with
                            Clause 3.2 of the Notification DCP adopted 28/06/99 has
                            been received;
                            â–¡ Maximum 1.8m;
11    Skylights             â–¡ Total of all to be no greater than 5m 2;
                            â–¡ Maximum height above roof surface = 300mm;
12    Subdivision for the   For one of the following purposes:(a) Adjustment of private
     purpose of minor       boundaries where existing lawful access is not changed;(b)
     adjustments            Rectification of an encroachment upon an allotment;(c)
     corrections to         Creation of a public reserve by dedication and not by
     boundaries             acquisition;(d) Excising land to be used for a public purpose
                            from an existing allotment by dedication and not by
                            acquisition;
                            â–¡ Maintains FSR, setbacks and open space required by the
                            relevant sections of the Residential DCP;â–¡ Maintains
                            minimum lot size or greater for all parties;â–¡ Does not create
                            a new allotment;
13    Temporary &;          â–¡ Maximum height of 3m;
     Portable Buildings
                                   â–¡ Area taken up must be no greater than 30m 2;
                                   â–¡ Must conform to setbacks provided in the relevant
                                   DCP;â–¡ All behind the building line;
                                   â–¡ Must be declared in the application for a complying
                                   development certificate to be temporary only (that is, to be
                                   required for a period no exceeding one year);
                                   â–¡ Must not be used for residential purposes;â–¡ Must not be
                                   used for storage or handling of inflammable materials;
                                   â–¡ Signed agreement by adjoining owners in accordance with
                                   Clause 3.2 of the Notification DCP adopted 28/06/99 has
                                   been received.

Schedule 10 Conditions of complying development
certificates
(Clause 10A (4))

Compliance
1
Notification of all affected persons is required, in accordance with council's Notification DCP
adopted 28/6/99, on the date of receipt of the Complying Development Certificate application.

Before Commencement
2
Form 7 of the regulation (notice of commencement of work and appointment of Principal
Certifying Officer, ie the PCA) must be submitted to Council 2 days prior of any work
commencing.

3
Notify Council 2 days prior to that work commencing.

Additional conditions applying to specific types of complying development
Category               Condition                                         Type of complying
             Conditio                                                   development to which
             n No                                                       the condition applies
                                                                        (being a type
                                                                        identified by the
                                                                        following number in
                                                                        the Table to Schedule
                                                                        9)
Access        4        Where a construction of a vehicular footpath      1, 4, 6, 7, 8
                      Crossing is required, the design and construction
                      shall be in accordance with Council's Policy. The
                      crossing must be completed prior to issue of the
                      Occupation Certificate.
             5         The existing surplus vehicular crossing and/or    1, 4, 6, 7, 8
                      kerb layback shall be removed and the kerb and
                      nature strip reinstated prior to issue of the
                      Occupation Certificate.
             6         Any driveway within the property cannot exceed 1, 4, 6, 7, 8
                      5% slope at any point.
Building     7      Any retaining walls must be constructed in            1, 4, 6, 13
Construction       accordance with a structural engineer's details.
                   Certification of compliance with the structural
                   detail during construction must be submitted to the
                   Principal Certifying Authority.
              8     All construction shall be strictly in accordance      1, 4, 6
                   with the Reduced Levels (RLs) as shown on the
                   certified plans. Certificates of compliance
                   prepared by a registered surveyor, showing
                   compliance with ground and finished ridge levels,
                   must be submitted to the Principal Certifying
                   Authority.
              9     A Certificate of Adequacy signed by a practising      1, 2, 4, 7
                   Structural Engineer must be submitted to the
                   Principal Certifying Authority in respect of the
                   load carrying capabilities of the existing structure
                   to support the proposed additions.
              10    The floor surfaces of bathrooms, shower rooms,        1, 2, 4, 7, 8, 13
                   laundries and WC compartments are to be of an
                   approved impervious material, properly graded
                   and drained and waterproofed. Certification is to
                   be provided to the Principal Certifying Authority
                   from a licensed applicator prior to the fixing of
                   any wall or floor tiles
              11    All materials and finishes of the proposed            1
                   additions are to match, as closely as possible the
                   material and finish of the existing building.
              12    A suitable sub-surface drainage system must be        1, 4, 6, 10
                   provided adjacent to all excavated areas and such
                   drains must be connected to an approved disposal
                   system.
              13    Prior to excavation applicants must contact           1, 4, 6, 10
                   Sydney One Call Service to ascertain which utility
                   services are underground in the proposed
                   excavation.
              14    An adequate security fence, must be erected           1, 4, 6, 13
                   around the perimeter of the site prior to
                   commencement of any excavation or construction
                   works, and this fence must be maintained in a state
                   of good repair and condition until completion of
                   the building project.
Building      15    All plumbing and drainage, including sewerage         1, 2, 4, 7
Materials          drainage stacks, ventilation stacks and water
                   service pipes must be concealed within the
                   building. Plumbing other than stormwater
                   downpipes must not be attached to the external
                   surfaces of the building.
Car Parking   16    An approved water interceptor must be provided        4, 6
                   across the driveway at the street boundary and all
                   stormwater must be conveyed by underground
                   pipe to Council's street gutter.
Drainage and 17    Roofwater and surface stormwater from paved              1, 4, 6, 13
Stormwater        areas must be conveyed by pipeline to Council's
                  street gutter.
            18     The width of inter-allotment drainage easements          1, 4, 6
                  is no less than:(a) 1.0m for pipes up to 150mm,
                  or(b) 2.5m for pipes larger than 150mmThe
                  easements must be free of encroachments and
                  contain only a single pipeline.
            19     Where a concrete floor of any habitable room is          1, 2, 4, 7, 8
                  laid directly on the ground, the floor must be
                  adequately damp-proofed to prevent moisture
                  entering the building.
Fencing     20     The details of the materials, size, height and           4, 5, 6
                  design of all fences, including front, side and rear
                  fences must be submitted to the Principal
                  Certifying Authority prior to that stage of work
                  being commenced.
Trees       21     A barrier or temporary fence must be erected             1, 4, 6
                  around the existing street trees in front of the
                  subject property to protect them from damage
                  during construction.
            22     No existing street trees may be removed without          1, 3, 4, 9, 13
                  Council approval. Where such approval is granted,
                  the trees must be replaced at full cost by the
                  applicant with super advanced trees of a species
                  nominated by Council's relevant officer.
Road Reserve 23    Where the driveway construction necessitates the         4, 6
                  removal of street planting, a replacement tree of
                  the same species must be planted elsewhere on the
                  lot frontage. Details must be provided with the
                  application for a Construction Certificate
Lighting    24     Any ancillary light fittings fitted to the exterior of   1, 3, 4, 6, 7, 8, 9, 13
                  the building must be shielded or mounted in a
                  position to minimise glare to adjoining properties.
Miscellaneou 25    Prior to the commencement of works on the land           1, 4, 6, 10
s                 including demolition and site preparation, silt
                  control fences must be provided. A
                  Sediment/Erosion Control detail must be
                  submitted to the Principal Certifying Authority.
            26     All materials on site or being delivered to the site     1, 2, 3, 4, 6, 7, 8, 13
                  must be contained wholly within the site.
            27     All site waters during excavation and                    1, 4, 6
                  construction must be contained on site to avoid
                  pollutants entering into the Harbour or Council's
                  stormwater drainage system.
            28     All demolition and excess construction materials         1, 4
                  are to be recycled wherever practicable.
Noise/Nuisan 29    Building or construction work must be confined           1, 4, 6
ce                to the hours between 7.00am to 6.00pm, Monday
                  to Friday and 7.00am to 1.00pm, Saturday, with a
                  total exclusion of such work on Public Holidays
                        and Sundays.
              30         No sandwich boards or the like are to be placed      8
                        on Council's footpath.
Termite        31        A durable termite protection notice must be          4
Control                 permanently fixed to the building in a prominent
                        location detailing the form of termite protection
                        which has been used in accordance with Council's
                        Code for the "Protection of Buildings Against
                        Termite Attack".
Traffic/Parkin 32        Written consent from Council shall be obtained       1, 4, 6, 13
g                       and shall be in hand prior to any track-equipped
                        plant being taken in or onto any roadway, kerb and
                        gutter, footway, naturestrip, or other property
                        under Council's control.
              33         All construction vehicles associated with the        1, 8
                        development must obtain a permit on a daily basis,
                        for any access onto The Corso and Sydney Road
                        Plazas.
              34         Delivery vehicles associated with the completed      8
                        development are only permitted to drive, stand or
                        park on The Corso and Sydney Road Plazas
                        between the hours of 5am-11am Mondays to
                        Fridays. Such access cannot be obtained on
                        weekends or Public Holidays.

Schedule 11 St Patrick's Estate
(Clause 35)

Part 1 – Objectives
1
To protect the heritage significance, including the natural and cultural heritage values, of St
Patrick's Estate.

2
To ensure that any future development (including any new building, and any addition or
alteration to an existing structure) is on a smaller scale than, and does not detract from the
heritage significance of, Moran House, the Cerretti Chapel, St Therese's Convent and the
Archbishop's Residence.

Part 2 – Controls relating to all development
3
New buildings and extensions must be subordinate in scale and built form to the closest principal
heritage building. The "principal heritage buildings" are Moran House (formerly the St
Patrick's Seminary building), the Cardinal Cerretti Memorial Chapel, the Cardinal Freeman
Pastoral Centre, St Therese's Convent (excluding the addition of the 1960s) and the Archbishop's
Residence.

4
New buildings, and extensions or additions to the principal heritage buildings, are to be
constructed of the same kinds of materials as were used in the original construction of the
principal heritage buildings or of materials that are sympathetic to those original materials
(These materials include sandstone, iron, slate, timber, brick and cement render finishes).

5
New buildings may be constructed in Precincts 7 and 14 only within the "buildable area"
identified on the Concept Development Plan (Sheets 4 and 5 of the map marked " Manly Local
Environmental Plan 1988 (Amendment No 24) ").

6
Before granting consent for any development, the consent authority is to be satisfied that the
proposed development will not adversely affect conservation of the stone walls, retaining walls,
steps, stone seats and other remnant garden elements relating to the historic use of St Patrick's
Estate.

7
Development is to protect the natural features of St Patrick's Estate, including rock shelves, flora
and fauna, the natural topography and the drainage system.

8
Buildings must be set back at least 10 metres from the National Park boundary.

9
Residential forms should follow the natural topography of the land.

10
Any new fencing of or within St Patrick's Estate, including the fencing of private landholdings
within the Estate, is to allow movement of the bandicoot population within the Estate, and
between the Estate and the adjoining land (that is to say, the fencing is to provide for free
circulation and not impede access).

10A
In order to minimise the footprint of new development, drainage works and facilities must be
incorporated, where possible, within or under the alignment of roads and other vehicular
accessways.

Part 3 – Controls relating to development within particular Precincts
11 Precinct 1
       (1) Vehicular access Vehicular access must be obtained from College Street. There must
       not be any vehicular access from Precinct 1 directly to Bower Street.
       (2) Building density Development must not be carried out if it would result in a total of
       more than 13 dwellings in Precinct 1.
12 Precinct 3
       Building density Development must not be carried out if it would result in a total of more
       than 44 dwellings in Precinct 3.
13 Precincts 4, 5, 6, 10 and 11
       (1) Development is prohibited if it would prevent or impede the restoration or
       reinstatement of the historic central axial pathway and steps from the Archbishop's
       Residence to Spring Cove and including access to Spring Cove, as shown on Concept
       Development Plan No 2.
       (2) In particular, a building must not be erected within 5 metres of the centreline of the
       axial pathway.
       (3) Building density Development must not be carried out if it would result in a total of
       more than 38 dwellings in Precincts 5, 6 and 10.
14 Precinct 4
       (1) Building setback All buildings must be set back not less than 10 metres from Darley
       Road.
       (2) Building height Buildings are not to exceed 2 storeys wholly above ground level.
15 Precinct 5
       Building height Buildings are not to exceed 2 storeys wholly above ground level.
16 Precinct 6
       (1) Building setback All buildings must be set back not less than 5 metres from the
       boundary of the Precinct with residential properties adjoining St Patrick's Estate.
       (2) Building height Buildings are not to exceed 2 storeys wholly above ground level.
17 Precinct 10
       (1) Building density Development must not be carried out if it would result in more than
       24 dwellings in Precinct 10.
       (2) Building setback All buildings must be set back not less than 5 metres from land
       zoned Open Space at Spring Cove, and from the boundary of the Precinct with residential
       properties adjoining St Patrick's Estate.
       (3) Building height Buildings are not to exceed 2 storeys wholly above ground level.
18 Precinct 11
       (1) Building setback All buildings must be set back not less than 10 metres from Darley
       Road, and from the boundary of the Precinct with residential properties adjoining St
       Patrick's Estate.
       (2) Building height Buildings are not to exceed 2 storeys wholly above ground level.
19 Precinct 12
       (1) Building density Development must not be carried out if it would result in more than
       24 dwellings in Precinct 12.
       (2) Height A building must not be erected so that any part of the building exceeds
       RL75.4m AHD.
       (3) Built form Buildings in Precinct 12 must repeat the built form of, and be constructed
       of the same kinds of materials as, buildings in Precinct 3.
20 Precinct 13
       (1) Building density Development must not be carried out if it would result in more than
       13 dwellings in Precinct 13.
       (2) Setback All buildings are to be set back:
               (a) not less than 5 metres from the northern boundary of the Precinct with
               residential properties adjoining St Patrick's Estate, and
               (b) not less than 10 metres from the boundary between the Precinct and Precinct
               14.
       (3) Height A building must not be erected so that any part of the building exceeds RL51m
       AHD.
       (4) Vehicular access Vehicular access must be obtained from College Street. There must
       not be any vehicular access from Precinct 13 directly to Bower Street.
Schedule 12 Master plans
(Clause 37)

The Royal Far West Children's Health Scheme and Services for the Aged complex of buildings
at No 22 Wentworth Street, Manly, being parts of Lots B and C and Lot A, DP 369972, part Lot
C, DP 333913, Lots 1-3, DP 223468, Portion 2587, DP 752038, Lot 1, DP 435023, Lot 1,
Section 5, DP 979703, Lot 1, DP 72969, Lot 1, DP 72699 and Lot 4, DP 65707, as shown edged
heavy black on Sheet 1 of the map marked " Manly Local Environmental Plan 1988 (Amendment
No 54) ".

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 Manly Local Environmental Plan 1988 published in
       Gazette No 145 of 16.9.1988, p 4908 and amended in Gazettes No 125 of 12.10.1990, p
       9089, No 152 of 23.11.1990, p 10346, No 96 of 21.6.1991, p 4915, No 134 of 27.9.1991,
       p 8420, No 139 of 4.10.1991, p 8634, No 151 of 25.10.1991, p 9128, No 26 of 21.2.1992,
       p 1156, No 138 of 17.12.1993, p 7351, No 99 of 29.7.1994, p 4001, No 170 of
       16.12.1994, p 7482, No 97 of 11.8.1995, p 4165, No 102 of 25.8.1995, p 4907, No 116 of
       22.9.1995, p 6871, No 125 of 13.10.1995, p 7282, No 135 of 3.11.1995, p 7625, No 67 of
       7.6.1996, p 2961, No 150 of 20.12.1996, p 8667, No 81 of 22.5.1998, p 3658, No 94 of
       19.6.1998, p 4351, No 178 of 24.12.1998, p 10203, No 32 of 12.3.1999, p 2191, No 86 of
       30.7.1999, p 5408, No 137 of 3.12.1999, pp 11704, 11705 and No 144 of 24.12.1999, p
       12454 and as follows:Manly Local Environmental Plan 1988 (Amendment No 30) (GG
       No 22 of 11.2.2000, p 896)Manly Local Environmental Plan 1988 (Amendment No
       34--Exempt and Complying Development) (GG No 35 of 10.3.2000, p 1856)Manly Local
       Environmental Plan 1988 (Amendment No 41) (GG No 57 of 12.5.2000, p 3936)Manly
       Local Environmental Plan 1988 (Amendment No 40) (GG No 81 of 30.6.2000, p
       5866)Statute Law (Miscellaneous Provisions) Act (No 2) 2000 No 93. Assented to
       8.12.2000. Date of commencement of Sch 2.30, assent, sec 2 (1).Manly Local
       Environmental Plan 1988 (Amendment No 35) (GG No 34 of 2.2.2001, p 532)Manly
       Local Environmental Plan 1988 (Amendment No 46) (GG No 108 of 6.7.2001, p
       5290)Manly Local Environmental Plan 1988 (Amendment No 33) (GG No 132 of
       31.8.2001, p 7425)Manly Local Environmental Plan 1988 (Amendment No 50) (GG No
       161 of 26.10.2001, p 8804)Manly Local Environmental Plan 1988 (Amendment No 55)
       (GG No 57 of 8.3.2002, p 1521)Manly Local Environmental Plan 1988 (Amendment No
       48) (GG No 98 of 14.6.2002, p 4412)Manly Local Environmental Plan 1988 (Amendment
       No 56) (GG No 102 of 21.6.2002, p 4552)Manly Local Environmental Plan 1988
       (Amendment No 49) (GG No 125 of 2.8.2002, p 5806)Manly Local Environmental Plan
       1988 (Amendment No 45) (GG No 133 of 23.8.2002, p 6483)Manly Local Environmental
       Plan 1988 (Amendment No 51) (GG No 178 of 18.10.2002, p 8834)Manly Local
       Environmental Plan 1988 (Amendment No 24) (GG No 210 of 8.11.2002, p 9537)Manly
       Local Environmental Plan 1988 (Amendment No 57) (GG No 237 of 29.11.2002, p
       10276)Manly Local Environmental Plan 1988 (Amendment No 42) (GG No 126 of
       15.8.2003, p 7958)Manly Local Environmental Plan 1988 (Amendment No 54) (GG No
          128 of 22.8.2003, p 8077)Manly Local Environmental Plan 1988 (Amendment No 63)
          (GG No 186 of 28.11.2003, p 10805)Manly Local Environmental Plan 1988 (Amendment
          No 65) (GG No 8 of 9.1.2004, p 130)Manly Local Environmental Plan 1988 (Amendment
          No 62) (GG No 16 of 23.1.2004, p 275)Manly Local Environmental Plan 1988
          (Amendment No 61) (GG No 35 of 13.2.2004, p 653)Manly Local Environmental Plan
          1988 (Amendment No 64) (GG No 69 of 2.4.2004, p 1880)Manly Local Environmental
          Plan 1988 (Amendment No 52) (GG No 87 of 21.5.2004, p 3091)
200      No Statute Law (Miscellaneous Provisions) Act 2005. Assented to 1.7.2005.Date of
5      64 commencement of Sch 2.36, assent, sec 2 (2).
       (376 Manly Local Environmental Plan 1988 (Amendment No 68). GG No 92 of 22.7.2005,
       )    p 3822.Date of commencement, on gazettal.
       (559 Manly Local Environmental Plan 1988 (Amendment No 70). GG No 113 of 9.9.2005,
       )    p 7351.Date of commencement, on gazettal.
       No Statute Law (Miscellaneous Provisions) Act (No 2) 2005. Assented to
       98 24.11.2005.Date of commencement of Sch 2.40, assent, sec 2 (2).
200          Manly Local Environmental Plan 1988 (Amendment No 66). GG No 58 of 28.4.2006,
6      (223 p 2469.Date of commencement, on gazettal.
       )
       (478 Manly Local Environmental Plan 1988 (Amendment No 71). GG No 103 of
       )    18.8.2006, p 6473.Date of commencement, on gazettal.
       (584 Manly Local Environmental Plan 1988 (Amendment No 74). GG No 116 of
       )    15.9.2006, p 8044.Date of commencement, on gazettal.
200          Manly Local Environmental Plan 1988 (Amendment No 75). GG No 92 of 20.7.2007,
7      (350 p 4742.Date of commencement, on gazettal.
       )
       (641 State Environmental Planning Policy (Infrastructure) 2007. GG No 185 of
       )    21.12.2007, p 10003.Date of commencement, 1.1.2008, cl 3.
200          Manly Local Environmental Plan 1988 (Amendment No 77). GG No 128 of
8      (444 3.10.2008, p 9696.Date of commencement, on gazettal.
       )
       (571 State Environmental Planning Policy (Repeal of Concurrence and Referral
       )    Provisions) 2008. GG No 157 of 12.12.2008, p 11946.Date of commencement,
            15.12.2008, cl 3.
201          Manly Local Environmental Plan 1988 (Amendment No 80). LW 28.5.2010.Date of
0      (219 commencement, on publication on LW, cl 2.
       )
       (504 Manly Local Environmental Plan 1988 (Amendment No 79). LW 27.8.2010.Date of
       )    commencement, on publication on LW, cl 2.
201          State Environmental Planning Policy (Standard Instrument References) Amendment
1      (103 2011. LW 25.2.2011.Date of commencement, 25.2.2011, cl 2.
       )
       (181 Manly Local Environmental Plan 1988 (Amendment No 81). LW 11.3.2011.Date of
       )    commencement, on publication on LW, cl 2.

         Table of amendments
Cl 3      Am 10.3.2000.
Cl 5      Am 16.12.1994; 10.3.2000.
Cl 6      Am 16.12.1994; 13.10.1995; 8.3.2002.
Cl 7      Am 12.10.1990; 23.11.1990; 27.9.1991; 4.10.1991; 17.12.1993; 25.8.1995; 13.10.1995;
         7.6.1996; 22.5.1998; 19.6.1998; 24.12.1998; 12.3.1999; 30.7.1999; 3.12.1999;
         24.12.1999; 11.2.2000; 10.3.2000; 12.5.2000; 30.6.2000; 2000 No 93, Sch 2.30;
       2.2.2001; 6.7.2001; 31.8.2001; 26.10.2001; 8.3.2002; 14.6.2002; 21.6.2002; 2.8.2002;
       23.8.2002; 18.10.2002; 8.11.2002; 15.8.2003; 22.8.2003; 28.11.2003; 23.1.2004;
       13.2.2004; 2005 (376), Sch 1 [1]; 2006 (223), Sch 1 [1]; 2006 (478), Sch 1 [1]; 2006
       (584), cl 4; 2008 (444), Sch 1 [1]; 2010 (219), Sch 1 [1]-[3]; 2011 (103), Sch 1.4; 2011
       (181), Sch 1 [1] [2].
Cl 9    Am 20.12.1996; 8.11.2002.
Cl 10, Am 21.2.1992; 13.10.1995; 20.12.1996; 12.3.1999; 2.2.2001; 8.11.2002; 29.11.2002;
table 28.11.2003; 9.1.2004; 2.4.2004; 2010 (219), Sch 1 [4].
Cl      Ins 10.3.2000.
10A
Cl 12 Am 10.3.2000.
Cl 13 Am 2008 (571), Sch 3.110 [1] [2].
Cl      Ins 20.12.1996.
15A
Cl      Ins 25.10.1991. Rep 10.3.2000.
17A
Cl 18 Am 2008 (571), Sch 3.110 [3].
Cl 20 Rep 2008 (571), Sch 3.110 [4].
Cl 21 Am 18.10.2002.
Cl 22 Rep 2008 (571), Sch 3.110 [5].
Cl 23 Am 10.3.2000. Rep 2010 (219), Sch 1 [5].
Cl 24 Am 2008 (571), Sch 3.110 [6]. Rep 2010 (219), Sch 1 [5]
Cl 27 Am 10.3.2000. Rep 2010 (219), Sch 1 [5]
Cl 29 Am 10.3.2000; 2007 (641), Sch 5.26; 2008 (571), Sch 3.110 [7] [8].
Cl      Ins 3.11.1995. Rep 10.3.2000.
29A
Cl 30 Rep 2008 (571), Sch 3.110 [9].
Cl      Ins 13.10.1995. Rep 10.3.2000.
30A
Cl 31 Ins 12.10.1990.
Cl 32, Ins 11.8.1995. Subst 18.10.2002.
headin
g
Cl 32 Ins 11.8.1995.
Cl 33 Ins 11.8.1995. Subst 10.3.2000. Am 2008 (571), Sch 3.110 [10].
Cl 34 Ins 22.5.1998. Subst 23.1.2004.
Cl 35 Ins 8.11.2002.
Cl 36 Ins 29.11.2002. Am 2005 (559), Sch 1 [1] [2].
Cl 37 Ins 22.8.2003.
Cl 38 Ins 2006 (223), Sch 1 [2].
Sch 4 Am 27.9.1991; 19.6.1998; 30.7.1999; 24.12.1999; 11.2.2000; 12.5.2000; 26.10.2001;
       21.6.2002; 18.10.2002; 8.11.2002; 15.8.2003; 13.2.2004; 2005 (376), Sch 1 [2]; 2005 No
       98, Sch 2.40; 2006 (478), Sch 1 [2]; 2008 (444), Sch 1 [2] [3]; 2010 (219), Sch 1 [6] [7];
       2011 (181), Sch 1 [3]-[8].
Sch 5 Ins 12.10.1990. Am 21.6.1991; 29.7.1994; 22.9.1995; 23.8.2002; 22.8.2003; 2007 (350),
       Sch 1 [1]; 2010 (504), cl 4.
Sch 6 Ins 22.5.1998. Am 23.1.2004; 2007 (350), Sch 1 [2].
Sch 7 Ins 10.3.2000.
Sch 8 Ins 10.3.2000. Am 8.3.2002; 21.5.2004; 2005 No 64, Sch 2.36; 2011 (181), Sch 1 [9].
Sch 9 Ins 10.3.2000. Am 8.3.2002.
Sch 10 Ins 10.3.2000.
Sch 11 Ins 8.11.2002. Am 2.4.2004.
Sch 12 Ins 22.8.2003.

				
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