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CHAPTER 9 Specific Land Uses

Sutherland Shire Development Control Plan 2006 Page 1-1 Date in effect: 29/11/2006

CHAPTER 9: Specific Land Uses

CHAPTER 9

Specific Land Use

Chapter 9 – Specific Land Uses Sutherland Shire Local Environmental Plan 2006 sets Council’s statutory planning framework for managing specific land uses such as child care centres, bed and breakfasts, residential medical practices, Seniors Housing and swimming pools, as well as brothels and sex shops, and late night trading premises. This chapter provides more detail of specific aspects that must be considered by Council when it determines development applications relating to one of these specific land uses.

This Chapter is structured as follows: Page 1. Bed and Breakfasts 7

1.a Objectives 7 1.a.1 Objectives for Bed and Breakfasts 7 1.b Controls 7 1.b.1 Controls for Bed and Breakfasts 7 1.b.1.1 Development Characterisation Principles 7 1.b.1.2 Limitations on Use 8 1.b.1.3 Privacy, Residential Amenity and Streetscape 8 1.b.1.4 Site Facilities 9

2. Childcare Centres 10

2.a Objectives 10 2.a.1 Objectives for Childcare Centres 10 2.b Controls 11 2.b.1 Controls for Childcare Centres 11 2.b.1.1 General 11 2.b.1.2 Health and Safety 11 2.b.1.3 Facilities 12

2.b.1.4 Management of Clothes Washing, Nappy Storage and Laundering 13

2.b.1.45 Draft Preparation Facilities 13 2.b.1.6 Food Preparation Facilities 13 2.b.1.7 Additional requirements for food preparation for

children under 2 years of Age 13 2.b.1.8 Toilets and Washing Facilities 13 2.b.1.9 Nappy Change Facilities 14 2.b.1.10 Sleeping Facilities 15 2.b.1.11 Storage Facilities 15 2.b.1.12 Swimming Pools 16 2.b.1.13 Development and Play Equipment 16 2.b.1.14 Ventilation, Light and Heating 16 2.b.1.15 Hot Water 16 2.b.1.16 Fencing 16



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2.c Assessment Principles for the Siting of 17 Childcare Centres

3. Residential Medical Practices 18

3.a Objectives 18 3.a.1 Objectives for Residential Medical Practices 18 3.b Controls 18 3.b.1 Controls for Residential Medical Practices 18

4. Seniors Housing 20

4.a Objectives 20 4.a.1 Objectives for Seniors Housing 20 4.b Controls 21 4.b.1 Controls for Seniors Housing 21 4.b.1.1 Accessibility to Retail/Commercial Facilities,

Community Services and Health Care 21 4.b.1.2 Wheelchair access 22 4.b.1.3 Road Access 22 4.b.1.4 Common areas 22 4.b.1.5 Adaptability 22 4.b.1.6 Identification 23 4.b.1.7 Security 23 4.b.1.8 Letterboxes 23 4.b.1.9 Accessible entry 23 4.b.1.10 Exterior doors 23 4.b.1.11 Interior Doors 23 4.b.1.12 Living room and dining room 23 4.b.1.13 Kitchen 24 4.b.1.14 Main bedroom 24 4.b.1.15 Bathroom 25 4.b.1.16 Toilet 26 4.b.1.17 Access to Kitchen, Main Bedroom, Bathroom and

Toilet in a Multi-Storey Self Contained Dwelling 26 4.b.1.18 Laundry 27 4.b.1.19 Storage 27 4.b.1.20 Doors 27 4.b.1.21 Surface finishes 27 4.b.1.22 Ancillary items 27 4.b.1.23 Garbage 27

5. Brothels and Sex Shops 28

5.a Objectives 28 5.a.1 Objectives for Brothels and Sex Shops 28 5.b Controls 28 5.b.1 Controls for Brothels 28



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5.b.1.1 Siting and Location 28 5.b.1.2 Staffing and Size of Premises 29 5.b.1.3 Waiting and Reception Areas 29 5.b.1.4 Advertising and Display 29 5.b.1.5 Noise and Amenity 29 5.b.1.6 Health and Safety 29 5.b.2 Controls for Sex Shops 30 5.b.2.1 Siting and Location 30 5.b.2.2 Advertising and display 31 5.c Assessment Principles 31

6. Foreshore and Waterfront Development 32

6.a Objectives 32 6.a.1 Objectives for All Foreshore and Waterfront

Development (excluding land zoned Zone 15 Private Recreation at Sylvania Waters) 32

6.a.2 Objectives for All Waterfront Development within the waterways of Sylvania Waters (land zoned Zone 15 Private Recreation at Sylvania Waters) 33

6.b Controls 33 6.b.1 Controls for Development below Deemed Mean

High Water Mark (MHWM) (excluding land zoned Zone 15 Private Recreation at Sylvania Waters) 33

6.b.2 Controls for Jetties, Ramps and Pontoons(excluding land zoned Zone 15 Private Recreation at Sylvania Waters) 34

6.b.3 Controls for Sliprails (excluding land zoned Zone 15 Private Recreation at Sylvania Waters) 35

6.b.4 Controls for Berthing Areas (excluding land zoned Zone 15 Private Recreation at Sylvania Waters) 35

6.b.5 Controls for Boatsheds (excluding land zoned Zone 15 Private Recreation at Sylvania Waters) 36

6.b.6 Controls for Community Boating and Water-based Recreation Facilities (excluding land zoned Zone 15 Private Recreation at Sylvania Waters) 37

6.b.7 Controls for Watercraft Facilities Within the Waterways of Sylvania Waters 38

7. Late Night Trading Premises 42

7.a Objectives 43 7.a.1 Objectives for all Late Night Trading Premises 43 7.b Controls 43 7.b.1 Operating Hours for all Development identified as

Late Night Trading Premises 43



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7.b.2 Additional Operating Hours for Community Facilities; Drive in Liquor Stores; Entertainment Facility; Food Shops; Hotel; Place of Assembly; Recreation Facilities; Registered Clubs; Restaurants; Sailing Club; Shop and Sex Shop as indicated in Maps Titled Late Night Trading Precincts. 44

7.b.3 Additional Operating Hours for Community Facilities;

Drive in Liquor Stores; Entertainment Facility; Food Shops; Hotel; Place of Assembly; Recreation Facilities; Registered Clubs; Restaurants; Sailing Club; Shop and Sex Shop as indicated in Maps Titled Late Night Trading Precincts. 44

7.b.4 Additional Operating Hours for Brothels;

Community Facilities; Drive in Liquor Store; Entertainment Facility; Food Shops; Hotel; Place of Assembly; Recreation Facilities; Registered Club; Restaurant; Sailing Club; Shop and Sex Shop except for areas indicated in Maps Titled Late Night Trading Precincts. 45

7.b.5 Additional Operating Hours for Convenience Stores;

Service Stations; Shops and all other premises trading after 10pm (not including those indicated in Clauses 7.b.2, 7.b.3 and 7.b.4) as indicated in Maps Titled Late Night Trading Precincts. 45


Service Stations; Shops and all other premises trading after 10pm (not including those indicated in Clauses 7.b.2, 7.b.3 and 7.b.4) as indicated in Maps Titled Late Night Trading Precincts. 45


Service Stations; Shops and all other premises trading after 10pm (not including those indicated in Clauses 7.b.2, 7.b.3 and 7.b.4) except for areas indicated in Maps Titled Late Night Trading Precincts. 45

7.b.8 Additional Operating Hours for all Development identified as Late Night Trading Premises

7.b.9 Noise Controls for all Development identified as Late Night Trading Premises 46

7.b.10 Safety and Security Controls for all Late Night Trading

Premises 47



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7.b.11 Additional Safety and Security Controls for Shops and

Convenience Stores 47 7.b.12 Amenity Controls for all Development identified as

Late Night Trading Premises 47 7.b.13 Reviewable Conditions for Cinemas; Theatres;

Concert Halls; Music Halls; Indoor Sports Stadiums; Function Centres; Licensed premises who’s principle purpose is the sale of liquor on the premises including Pubs, Hotels and Motels; Registered Clubs and Restaurants 48

7.b.14 Late Night Trading Premises Requiring

Management Plans 50

7.b.15 Monitoring and Review for all Development Requiring a Management Plan 49

7.b.16 Late Night Trading Premises in High Activity Areas 52 7.b.17 Late Night Trading Premises in Intermediate Activity

Areas 53 7.c Assessment Principles 55 7.c.1 Assessment Principles for all Development identified

as Late Night Trading Premises 55 7.c.2 Additional Assessment Principles for Cinemas;

Theatres; Concert Halls; Music Halls; Indoor Sports Stadiums; Function Centres; Licensed premises who’s principle purpose is the sale of liquor on the premises including Pubs, Hotels and Motels; Registered Clubs and Restaurants 56

8. Swimming Pools 58

8. a. Objectives 58 8. a.1 Objectives for Pools 58 8. b Controls 59 8.b.1 Design and Safety Controls for Pools 59



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8.b.2 Controls for Location, Height and Setbacks of Pools (and Associated Structures) 60

8.b.3 Controls for Pool Landscaping 61

8.b.4 Additional Controls for Pools within the

Foreshore Building Line 62 8.b.5 Additional Controls for Pools on Flood Prone Land 63



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1. Bed and Breakfasts

The growth of bed and breakfast accommodation reflects the interests of tourists who wish to experience the character of a destination that provides home comfort, is clean, convenient and has nearby essential services. The purpose of this policy is to set out guidelines for bed and breakfast accommodation in response to this tourist trend. This section applies to all development for the purpose of a Bed and Breakfast Development. 1.a Objectives 1.a.1 Objectives for Bed and Breakfasts 1. The objectives of this section are to:

a. identify the essential elements that define what characterises a Bed and Breakfast development.

b. achieve low-key domestic scale accommodation that does not change the

character of the immediate locality c. ensure the height, scale and mass of any proposed building is compatible

with the immediate locality d. protect as far as practical the privacy of both guests and adjoining residents e. satisfy public health and safety requirements.

1.b Controls 1.b.1 Controls for Bed and Breakfasts

1.b.1.1 Development Characterisation Principles

1. Council uses the following principles to define a Bed and Breakfast development as

ancillary development to a dwelling house:

a. Bed and Breakfast accommodation is a series of rooms that is within or attached to a single dwelling and where the permanent resident of that dwelling provides temporary paid accommodation, which must include either a kitchenette or the permanent resident providing at least breakfast.



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b. Bed and Breakfast accommodation allows for low impact tourist accommodation that utilises the existing space and amenity of residential areas to provide an alternative to more structured forms of tourist accommodation.

c. Bed and Breakfast accommodation involves the visitation of people to a

house for extended periods, for example longer than expected for an average professional appointment, as such Council does not consider Bed and Breakfast Accommodation to be a Home Activity.

d. Bed and Breakfast accommodation requires a higher classification of building

under the Building Code of Australia and therefore a development application is required to confirm that the necessary fire safety equipment has been installed.

2. As development ancillary to a dwelling house, the establishment of bed and

breakfast accommodation in a dwelling that is part of a dual occupancy, townhouse, villa house or residential flat building is not consistent with the Council’s characterisation of a Bed and Breakfast development.

3. Council will not support the use of dual occupancies, townhouses, villa houses or

residential flat buildings as Bed and Breakfast developments due to the density of this development and the likely impacts of excessive privacy loss to the other dwellings within the development.

1.b.1.2 Limitations on Use

1. There is a limit of one bed and breakfast per allotment. 2. Guest accommodation is limited to a maximum of two (2) bedrooms catering for a

maximum of six (6) people per establishment. 3. Guests shall reside at the establishment for not less than one (1) day and not more

than fourteen (14) days in any month.

1.b.1.3 Privacy, Residential Amenity and Streetscape

1. The Bed and Breakfast component of a dwelling house is to be located so that

accommodation and visitor common areas do not overlook the living areas of neighbours.

2. To minimise the disturbance of neighbours of late night arrivals and early morning

departures of guests and to maintain the privacy of adjoining properties, the Bed and Breakfast component of a dwelling house is to be designed so that:

a. the layout of entry and exit points is clear and easily discernable,



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b. building entry and exit points are appropriately screened to reduce the

transmission of noise, and c. clear signage is utilised to identify the establishment and the entry location.

3. To protect the residential amenity of the street front only one advertising sign is permitted. The sign must be no greater than 1.5m2 and behind the building alignment.

1.b.1.4 Site Facilities

1. Guest bedrooms are to be serviced by an ensuite for toilet and shower purposes or

a shared facility be provided for guests use only.

2. Appropriate fire safety and structural sufficiency measures are to be incorporated into the building fabric of a dwelling house that is proposed to be used as a Bed and Breakfast establishment in accordance with the requirements of the Building Code of Australia.

3. The Bed and Breakfast component of a dwelling house is to incorporate health and

safety fixtures and fittings that are consistent with the Sutherland Shire Environmental Specification 2007 - Bed and Breakfast Accommodation. Note to Subclause 3: The conversion of a dwelling house to a bed and breakfast establishment will require a change of classification under the Building Code of Australia (BCA) from Class 1a to 1b. A Class 1b building is defined as a “boarding house, guest house, hostel or the like with a total floor area not exceeding 300m2”. This change of classification needs to be carried out as part of your development application. Larger dwellings with total floor areas in excess of 300sq.m may be classified as a Class 3 building. This may result in more stringent fire safety requirements.



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2. Childcare Centres

The design and construction of childcare centres requires special attention to assist owners and operators in providing high quality, functional child care. Note: The definition of “Childcare centres” in SSLEP 2006 is: A childcare centre means a building or place used for the purpose of supervising or

caring for 6 or more under school age children (whether or not those children are related to the owner or operator of the building or place) that:

(a) may educate the children concerned, and (b) may operate for the purpose of financial gain, but does not include a building or place providing residential care for those children. The maximum number of children that may be supervised or cared for in a childcare

centre is 45 if the childcare centre is located on land in any of the following zones: (a) Zone 1 - Environmental Housing (Environmentally Sensitive Land), (b) Zone 2 - Environmental Housing (Scenic Quality) (c) Zone 4 - Local Housing (d) Zone 5 - Multiple Dwelling A (e) Zone 6 - Multiple Dwelling B The State Government is responsible for licensing childcare centres under the Children (Care and Protection) Act which is managed by the NSW Department of Community Services (DOCS) has separate regulations which must be satisfied. Sutherland Shire Council is responsible for the land-use planning and building standards in the Shire. This Policy is intended to be complementary to DOCS requirements. It identifies particular issues over which Council has care and control. Whilst DOCS requirements are not reiterated in any detail in this plan, it must be noted that Council will not grant approval to any proposal which is not supported in principle by DOCS. Similarly, initial support from DOCS does not guarantee Council approval. 2.a Objectives 2.a.1 Objectives for Childcare Centres 1. The objectives of this section are to:

a. achieve development of high quality in its provision of services and facilities for users

b. ensure childcare centres are located and designed so that they do not pose a

health or safety risk to children using the centre, particularly where they are



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proposed in close proximity to main roads, industrial development, railway lines, transmission lines and electrical substations.

c. ensure childcare centres are situated such that the environmental impact on

health from sources such as noise and air pollution are minimised.

2.b Controls 2.b.1 Controls for Childcare Centres 2.b.1.1 General 1. The design of a childcare development must cater for the requirements of the

children, babies, parents and all the staff required for the operation of the centre or facility. The detailed design of the development is to be in accordance with the NSW - Children’s Services Regulation 2004.

2. The childcare development will be required to be licensed by the Department of

Education and Communities before it is allowed to operate. The applicant needs to consult with (DEC) before submitting the Development Application with Council.

2.b.1.2 Health and Safety 1. Childcare centres, additions to existing centres, or the expansion of child numbers

at existing childcare centres that are located within 150m of major roads where traffic volumes exceed 6,000 vehicles per day must undertake air quality testing to determine and evaluate the existing and potential risk to the health of children in the proposed development. Air quality testing must demonstrate that the air quality at the centre will be in accordance with the NSW Environmental Protection Authority (EPA) and National Environment Protection Measures (NEPM) Guidelines for PM10, PM2.5, Nox, CO, SOx, Benzene, Toluene and Lead (PH). As a precautionary measure, an air quality management plan and limited monitoring regime (every three years over a period of 10 years) may also be required where air quality tests show elevated air pollutant levels but do not exceed current air quality standards.

2. Childcare centres must not be located adjacent to development that is subject to

SEPP 33, where the storage of chemicals and other potentially dangerous substances presents a risk of gas leak or explosion.

3. Childcare centres must not be located adjacent to general or heavy industrial land

uses where the activities create a health or safety risk for the children or other users of the childcare centre.

4. Childcare centres must not be located adjacent to or in view of the entrance to

injecting rooms, drug clinics, brothels or sex shops.

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5. Ensure parking and manoeuvring around the development allows safe set down

and pick up of children. Parking areas must be fenced to separate the carpark from the childcare centre to prevent children exiting directly from the building into the carpark.

6. Childcare centres are not permissible in dead end streets or cul-de-sacs due to

traffic movement and parking problems. 7. Childcare centres must be no closer than 50m to mobile phone towers, or

antennas or transmission line easements, or other similar electromagnetic radiation sources.

8. Entry is to be limited to one secure point that is appropriately located to allow ease of access, safe from pedestrian and vehicle transition areas, visible from the street and well lit.

9. Appropriate viewing and supervisory areas must be provided in all internal and

external areas. 2.b.1.3 Facilities 1. A childcare development must provide the following facilities:

a. Generally:

i. a room or an area that is used only for administration of the service and for private consultation between staff and parents, and

ii. a room or an area, located away from the areas used by children, that is

used for respite of staff, and iii. a room or an area that is used only for sleeping for children under 2 years

of age. b. Indoor play space per child that is exclusively for the use of children provided

with education and care while in attendance at the service. c. Outdoor play space per child that is exclusively for the use of children provided

with education and care while in attendance at the service. d. The outdoor play space must be adequately shaded in accordance with

guidelines published by the New South Wales Cancer Council under the title Shade for Child Care Services.



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2.b.1.4 Management of Clothes Washing, Nappy Storage and Laundering 1. All childcare developments must have laundry arrangements, whether on the

premises or through another childcare development, service or arrangement. 2. The premises of a childcare development must have safe, sanitary facilities for the

storage of soiled clothes, linen and nappies before laundering or disposal. 3. Childcare developments with children under 3 years of age must have laundry

facilities available on the premises of the development, being facilities that include at least a laundry tub connected to both hot and cold water.

2.b.1.5 Craft Preparation Facilities 1. The premises of a centre based or mobile childcare development must have

separate facilities (including a sink, bench top and lockable cupboard) for use in craft activities.

2. The area must not be next to any food preparation facilities or nappy change area at

the premises. 2. b.1.6Food Preparation Facilities 1. The premises of a children’s service must have a designated area that is both safe

and hygienic, for food preparation and storage. 2. Facilities in the designated area must include a stove or microwave, sink, refrigerator,

suitable disposal facilities and hot water supply. 3. Facilities for the preparation and storage of food must be designed, located and

maintained so as to prevent children from gaining access to any harmful substance, equipment or amenity.

2. b.1.7 Additional requirements for food preparation for children under 2 years of

Age 1. In addition to a food preparation area, a centre based children’s service must also

have a designated area that is both safe and hygienic, for the preparation of bottles for children under the age of 2 years.

2. Any area in which bottles are prepared for children under the age of 2 years, must be

separate from any area in which nappy-changing facilities are provided. 2.b.1.8 Toilets and Washing Facilities



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1. The premises of a childcare development must have toilet, hand washing and bathing facilities that are safe and appropriate to the ages of the children at the premises and must have products and equipment for cleaning those facilities whenever necessary.

2. The sanitary facilities of a childcare centre must comply with the requirements for

class 9b buildings (Early childhood centres) of clause F2.3 of the Building Code of Australia.

Note to Subclause 2: Table F2.3—9b of the Building Code of Australia (BCA) provides that for every 15 children or part thereof there must be: (a) a junior toilet or adult toilet with a firm step and a junior seat, (b) one hand basin either with a firm step, or at a height so as to provide reasonable child access.

2.b.1.9 Nappy Change Facilities

1. The following facilities must be provided at the premises of a childcare development

if any child provided with the service wears nappies: a. a stable surface for changing nappies, together with a mat that has an

impervious washable surface, for every 10 children (or part thereof)

b. hand washing facilities for adults in the immediate vicinity of the nappy changing area

c. sanitary facilities for the storage of soiled nappies pending laundering or disposal of the nappies

d. if the children’s soiled clothing is laundered by the staff of a childcare development, adequate facilities for laundering the clothing or otherwise dealing hygienically with waste

e. facilities for the storage of clean nappies

f. an age appropriate washing facility with temperature regulated hot and cold running water in, or adjacent to, the nappy change area

g. a sluice or contaminated waste disposal unit in the nappy change area.

2. The nappy changing facilities must be designed, located and maintained so as to prevent unsupervised access by children.

3. The nappy changing facilities must be separated from food preparation facilities and

craft preparation facilities.



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2.b.1.10 Sleeping Facilities

1. The premises of a childcare development must have an adequate number of cots,

beds, stretchers or sleeping mats (together with waterproof covers) or other culturally appropriate forms of bedding for all children who sleep while at the premises.

2. Provision must be made at the premises of a childcare development to ensure that:

a. mattresses and other bedding are clean and comfortable

b. bed clothing is appropriate to the climate

c. all bed clothing is kept clean and in good repair

d. there is individual bed linen and blankets for each child

e. children do not share the same bed at the same time

f. bed linen used by one child is washed before it is used by another child

g. no child who is of or above 7 years of age sleeps in the same room as

another child of the opposite sex who is not a relative

h. no child who is of or above the age of 2 years, and (except with the written consent of a parent of the child) no child who is under the age of 2 years, sleeps in a room in which an adult is sleeping.

3. Cots, beds, stretchers, mattresses and other bedding at the premises of a children’s

service must be arranged so as: a. to be in an area that has natural light

b. to allow easy exit of any child

c. to allow easy access to any child

d. to reduce the risk of cross infection between children.

4. A sleeping area for children must be designed to ensure that all children in the area are readily accessible to staff of the childcare development.

2.b.1.11 Storage Facilities



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1. The premises of a childcare development must have storage facilities (whether fixed or movable) that are secure and inaccessible to children.

2. The premises of a childcare development must have:

a. storage facilities for indoor and outdoor equipment, and

b. storage facilities that give each child provided with the service at the premises

access to a space for storage of the child’s personal belongings.

3. Equipment used for providing a mobile children’s service may be stored at any premises at which the service is provided, at the offices of the service or in any vehicle used to transport equipment used for providing the service.

2.b.1.12 Swimming Pools 1. There must not be a swimming pool (within the meaning of the Swimming Pools Act

1992) on the premises of any childcare development unless the pool existed on the premises before 6 November 1996.

2. Any swimming pool on the premises of a childcare development before the

commencement of this clause must be fenced. The fencing must be in accordance with the Swimming Pools Act 1992 (whether or not that Act applies to the swimming pool concerned).

2.b.1.13 Development and Play Equipment 1. Play equipment (whether fixed or not) used on the premises of a childcare

development must not constitute a hazard to children. 2.b.1.14 Ventilation, Light and Heating 1. The premises of a children’s service must have access to natural light and must be

properly ventilated, lit and heated when children are being provided with the service.

2.b.1.15 Hot Water 1. Hot water from any outlet accessible to children at a childcare centre must be

regulated to keep the temperature of water from the outlet below 43.5 degrees Celsius.

2.b.1.16 Fencing

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1. Any part of the premises of a childcare development that is designated for outdoor play space must be fenced on all sides.

2. The design and height of any fence or gate on the premises must prevent children

from scaling or crawling under or through it and must inhibit or impede intruders from entering the premises.

3. Any side of a stairway, ramp, corridor, hallway or external balcony on the premises

of a childcare development that is not abutting a wall must be enclosed to prevent a child being trapped or falling through.

4. All gates leading to or from the premises of a childcare development must be

designed so as to prevent children from entering or leaving premises unsupervised.

2.c Assessment Principles for the Siting of Childcare Centres 1. In assessing an application for a childcare centre in a location where building users

are likely to be exposed to health or safety risk (such as long term exposure to air pollution from major roads or industrial areas), Council will adopt a ‘precautionary principle’ approach. Such an approach requires that where serious or irreversible risks to health are identified, uncertainty over the scale or nature of the impacts should not be used as a reason for postponing measures to prevent health risk. Measures employed to prevent adverse health impacts may include relocation and redesign to reduce exposure, screening, or refusal of the application.



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3. Residential Medical Practices Residential medical practices utilise dwelling houses in low density residential areas for the provision of health care consultation by up to two health care professionals. Because they are located in residential areas, it is important to ensure that potential impacts on surrounding residential amenity is minimised. It is also important to ensure that the dwelling houses used for residential medical practices are equipped to provide barrier free access and sanitary facilities for all patients. This section applies to development for the purpose of a residential medical practice.

Note: Health care professional means a person who renders professional health services to members of the public and includes a legally qualified medical practitioner, a dentist within the meaning of the Dentists Act 1989, a chiropodist, a chiropractor, an osteopath, a physiotherapist, an optometrist, an acupuncturist, a psychologist, a herbalist, a homoeopath or the like.

3.a Objectives 3.a.1 Objectives for Residential Medical Practices 1. The objective of this section in relation to residential medical practices are:

a. to ensure that the residential amenity of adjoining dwelling houses is protected.

b. to ensure that the privacy and modesty of patients are protected from adjoining dwelling houses.

c. to ensure that the design, access, fittings and fixtures of a residential medical

practice enable barrier free access to all patients.

3.b Controls 3.b.1 Controls for Residential Medical Practices 1. The residential medical practice must be designed to ensure that the patients’

privacy is maintained while on the premises and to not adversely impact upon the neighbours visual privacy.

2. Windows must be located and/or screened to prevent overlooking of neighbours

yards by staff and patients.



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3. Windows must be located and/or screened to prevent the loss of patients’ privacy

by them being visible from public places. 4. Access to and from the development for people with disabilities must be provided in

accordance with Part D3 of the Building Code of Australia. 5. Sanitary and associated disabled facilities are required to be installed in

accordance with the provisions of Part F2.4 of the Building Code of Australia.



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4. Seniors Housing

One of the implications of the aging of the population is the need to ensure that appropriate housing is constructed that accommodates the declining mobility of people as they age. Sutherland Shire Council has gained an exemption from the State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 so that the standards and controls for Seniors Housing are now contained within Sutherland Shire Local Environmental Plan 2006 and Sutherland Shire Development Control Plan 2006. This section sets out the detailed controls that are to be applied to the location and design of Seniors Housing development proposals. Many of the controls provide the detailed standards to ensure that people with reduced mobility can comfortably live in the developments. Due to the nature of the exemption from the State policy, the controls in this section apply to all developments for Seniors Housing, except those developments covered by the Seniors Living State policy. The developments controlled under the State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 are developments: 1. By or on behalf of the Department of Housing or a local government or community

housing provider, 2. On land zoned Special Uses, or 3. On land in Alexander Avenue, Taren Point (lot 2 DP 1026203) - Anglican

Retirement Village.

Note: The Seniors Living policy does not apply to certain lands i.e. a. land described in Schedule 1of the State policy as Environmentally Sensitive land, or b. the land to which Sydney Regional Environmental Plan No.17 – Kurnell Peninsula

applies.

4.a Objectives 4.a.1 Objectives for Seniors Housing The objectives of this section are: 1. to facilitate the supply and diversity of housing that meets the needs of older people

or people with a disability.

2. to ensure that the location of Seniors Housing is appropriate to enable those with reduced mobility to access retail and commercial facilities, community services and health care.



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3. to ensure that the internal layout and design of dwellings, including the fixtures and fittings within a dwelling or apartment in a Seniors Housing development can be adapted to different levels of mobility and care.

4. to ensure that barrier free access is provided to dwellings and communal facilities in Seniors Housing.

5. to identify the signage, building identification and lighting requirements to ensure the safe passage of residents and visitors within housing for older people or people with a disability.

6. to identify the design requirements to allow barrier free and reduced mobility access

to utilities such as waste management facilities, letterboxes and storage areas. 4.b Controls 4.b.1 Controls for Seniors Housing

4.b.1.1Accessibility to Retail/Commercial Facilities, Community Services and Health Care

1. Any development for Seniors Housing must have access to:

a. shops, banks and other retail and commercial services that residents may

reasonably require, and b. community services and recreation facilities, and c. the practice of a general medical practitioner, and d. public transport service available to the residents who will occupy the

proposed development.

2. Access complies with this clause if the facilities and services referred to in subclause 1. are located at a distance of not more than 400 metres from the site of the proposed development and the overall average gradient along the distance is no more than 1:14, although the following gradients along the distance are also acceptable:

a. a gradient of no more than 1:12 for slopes for a maximum of 15 metres at a

time b. a gradient of no more than 1:10 for a maximum length of 5 metres at a time c. a gradient of no more than 1:8 for short distances of no more than 1.5 metres

at a time.



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3. Despite subclause 2. above, the proposed development may demonstrate that

access complies with this clause if the development: a. has obvious and safe pedestrian links from the site that provide access to

public transport services or local facilities, and b. provides attractive, yet safe, environments for pedestrians and motorists with

convenient access and parking for residents and visitors.

4.b.1.2 Wheelchair access

1. If the whole of the development site has a gradient of less than 1:10, 100% of the

hostel or residential care facility beds and 100% of the dwellings must have wheelchair access by a continuous path of travel (within the meaning of AS1428.2.1998) to an adjoining public road or an internal road or a driveway that is accessible to all residents, or

2. If the whole of the site does not have a gradient of less than 1:10, a percentage

(which is not less than the proportion of the site that has a gradient of less than 1:10, of 50%, whichever is greater) of any hostel or residential care facility beds and the specified minimum percentage of any dwelling must have wheelchair access by a continuous path of travel (within the meaning of AS1428) to an adjoining public road or a driveway that is accessible to all residents.

4.b.1.3 Road Access

1. At least 10% of any hostel or residential care facility beds and at least 10% of any

dwellings must have wheelchair access by a continuous path of travel (within the meaning of AS1428) to an adjoining public road.

4.b.1.4 Common areas

1. Access must be provided so that a person using a wheelchair can use common

areas and common facilities associated with the development.

4.b.1.5 Adaptability

1. Ten per cent (10%) of any hostel or residential care facility beds and 10% of any

dwellings must also have, or be capable of being modified so that they have, wheelchair access by a continuous path of travel (within the meaning of AS1428) to all essential areas and facilities inside the hostel, residential care facility or dwellings, including a toilet, bathroom, bedroom and a living area.



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4.b.1.6 Identification

1. If the site includes more than one street, street signage incorporating house

numbers must be provided at each intersection.

4.b.1.7 Security

1. Pathway lighting must be positioned at low height to avoid glare and must provide

at least 50lux at ground level.

4.b.1.8 Letterboxes

1. Letterboxes must be lockable, located together in a central location adjacent to the

street entry and must be situated on a hard standing area and have wheelchair access by a continuous path of travel (within the meaning of AS1428).

4.b.1.9 Accessible entry

1. Every entry (whether a front door or not) to a hostel, residential care facility or

dwelling, not being an entry for employees:

a. must not have a slope that exceeds 1:40, and b. must comply with clauses 4.3.1 and 4.3.2 of AS4299.1995 Adaptable

Housing, and c. must have an entry door handle and other hardware that complies with

AS1428.

4.b.1.10 Exterior doors

1. All external doors to any one dwelling must be keyed alike.

4.b.1.11 Interior Doors

1. Internal doors must have a clearance of at least 820 mm. 2. Internal corridors must have a width of at least 1,000 mm. 3. The width at internal door approaches must be at least 1,200 mm.

4.b.1.12 Living room and dining room

1. A living room in a self-contained dwelling must have:



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a. a circulation space of at least 2,250 mm in diameter and as set out in clause 4.7 of AS4299

b. a telephone adjacent to a general power outlet

c. a living room and dining room must have a potential illumination level of at

least 300lux.

4.b.1.13 Kitchen

1. A kitchen in self-contained dwelling must have:

a. a width of at least 2.7m and a clear space between benches of at least 1,450 mm, and

b. a width at door approaches of at least 1,200 mm, and c. benches that include one work surface that is at least 800 mm in length and

the height of which can be adjusted from 750 mm, and d. a tap set that is located within 300 mm of the front of the sink and that is a

capstan tap set or that comprises lever handles or a lever mixer, and e. a thermostat mixing valve for the hot water outlet, and f. cook tops with either front or side controls, and with bars that have raised

crossbars for ease of grip, and that includes an isolation switch, and g. a work surface adjacent to the cook top and at the same height and that is at

least 800 mm in length, and h. an oven that is located adjacent to a work surface the height of which can be

adjusted, and i. “D” pull cupboard handles that are located towards the top of the below

bench cupboards and towards the bottom of overhead cupboards, and j. general power outlets at least one of which is a double general power outlet

within 300 mm of the front of a work surface, and one of which is provided for a refrigerator in such a position as to be easily accessible after the refrigerator is installed.

4.b.1.14 Main bedroom

1. At least one bedroom within a self-contained dwelling must have:



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a. an area sufficient to accommodate a wardrobe and a queen size bed with a clear area at least 1,200 mm wide at the foot of the bed, and

b. two double general power outlets on the wall where the head of the bed is

likely to be, and c. at least one general power outlet on the wall opposite the wall where the

head of the bed is likely to be, and d. a telephone outlet next to the bed on the side closest to the door and a

general power outlet beside the telephone outlet, and e. a potential illumination level of at least 300lux.

4.b.1.15 Bathroom

1. A bathroom must have:

a. an area that complies with AS1428, and b. a slip-resistant floor surface that complies with AS4586 and AS4663, and c. thermostatic mixing valves for all hot water outlets, and d. a washbasin with clearances that comply with Figure 4.4 of AS4299, and e. a wall cabinet that is sufficiently illuminated to be able to read the labels of

items stored in it, and f. a mirror, and a double general power outlet beside the mirror.

2. A bathroom must also have a shower: a. the recess of which is at least 1,160 millimetres x 1,100 millimetres, or that

complies with AS1428, or that complies with clause 4.4.4 and Figures 4.6 and 4.7 of AS4299, and

b. the recess of which does not have a hob, and c. that is waterproofed in accordance with AS 3740.1994 Waterproofing of wet

areas within Residential Buildings, and d. the floor of which falls to a floor waste, and e. that can accommodate a grab rail that complies with Figure 4.6 of AS4299

and AS1428, and



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f. that has a tap set that is a capstan tap set or that comprises lever handles

and that has a single outlet, and g. that has the tap set positioned so as to be easily reached from the entry to

the shower, and

h. that can accommodate an adjustable, detachable hand held shower rose mounted on a slider grab rail or a fixed hook, and

i. that can accommodate a folding seat that complies with Figure 4.6 of AS4299.

4.b.1.16 Toilet 1. A dwelling must have a toilet:

a. that is a visitable toilet within the meaning of clause 1.4.12 of AS4299, and b. that is installed in compliance with AS1428, and c. that has a slip resistant floor surface that complies with AS4586 and AS4663,

and d. the WC pan of which is located from fixed walls in accordance with AS1428,

and e. that can accommodate a grab rail that complies with Figure 4.5 of AS4299

and AS1428.

4.b.1.17 Access to Kitchen, Main Bedroom, Bathroom and Toilet in a Multi-Storey Self Contained Dwelling

1. The kitchen, main bedroom, bathroom and toilet must be located on the ground

floor, or 2. If the kitchen, main bedroom, bathroom and toilet are not located on the ground

floor, the ground floor living space must be able to be altered so as to accommodate them, or

3. If the kitchen, main bedroom, bathroom and toilet are located on a floor above the

ground floor, the stairs to the higher floor must be equipped with a stair climber that is capable of being used by a person in a wheelchair, or must be sufficiently wide to enable the installation of a stair climber that is capable of being used by a person in a wheelchair.



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4.b.1.18 Laundry 1. A self contained dwelling must have a laundry that has:

a. provision for the installation of an automatic washing machine, and b. provision for the installation of a clothes dryer, and

c. that has a clear space in front of appliances of at least 1,300 mm, and

d. thermostatic mixing valves for all hot water outlets, and

e. a slip resistant floor surface that complies with AS4586 and AS4663, and an

accessible path of travel to any clothes line provided in relation to the dwelling.

4.b.1.19 Storage 1. A self contained dwelling must be provided with a linen cupboard that is at least

600mm wide, and that has adjustable shelving. 4.b.1.20 Doors 1. Door hardware provided as the means for opening doors must be able to be

operated with one hand, and located between 900 millimetres and 1,100 mm above floor level.

4.b.1.21 Surface finishes

1. Balconies and external paved areas must have slip resistant surfaces that comply

with AS4586 and AS4663. 4.b.1.22 Ancillary items 1. Switches must be located between 900 mm and 1,100 mm above floor level. 2. General purpose outlets must be located at least 600 mm above floor level. 4.b.1.23 Garbage 1. An outside garbage storage area must be provided in an accessible location.



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5. Brothels and Sex Shops

The purpose of this section is to provide planning guidelines for the establishment and control of brothels and sex shops in the Sutherland Shire. Brothels and sex shops are considered to be restricted uses as they can have amenity and social impacts on the community, in particular sensitive members of the community. Because of the potential social impact of brothel and sex shop developments additional requirements for these developments in terms of social impact assessments are also contained in Chapter 11. 5.a Objectives 5.a.1 Objectives for Brothels and Sex Shops 1. The objectives of this section are:

a. To ensure that the development of brothels and sex shops does not adversely affect the existing and future amenity of surrounding development, land uses and residents.

b. To ensure brothels and sex shops are located away from land uses that may

be adversely affected by their operation. c. To limit the cumulative impact of several brothels and sex shops establishing

in a single area. d. To protect the character of an area or streetscape by controlling displays,

advertising and signage. 5.b Controls 5.b.1 Controls for Brothels 5.b.1.1 Siting and Location 1. Development under this clause must not be carried out if it is located:

a. within 200m of any form of residential, open space or special uses zone or land where the activity is identified as a sensitive land use. Sensitive land uses include, but are not limited to, place of public worship, churches, schools, transport nodes, residential dwellings, childcare centres, family health centres, senior citizens centres, licensed premises (licensed under the Liquor Act 1982) and facilities and places typically frequented by families or children.



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b. within 200m of the boundary of an existing legally operating brothel.

c. on land owned by or under the care, control and management of the Council.

5.b.1.2 Staffing and Size of Premises 1. The minimum number of staff on the premises at any time shall be limited to two (2)

comprising at least one person responsible for management and/or security of the premises.

2. The maximum number of sex workers at any time in a brothel is limited to eight (8).

5.b.1.3 Waiting and Reception Areas 1. A waiting or reception area is to be provided inside the building to prevent clients

from waiting outside the premises. 2. A minimum area of 20m2 is to be provided. 5.b.1.4 Advertising and Display 1. All advertising must comply with Council’s requirements for Industrial zones in

Chapter 10 of SSDCP2006. 2. In addition to these Council requirements, all brothels must comply with the

requirements of the Crimes Act 1900 Section 578 (e) and Classification (Publications, Films and Computer Games) Enforcement Act 1995.

5.b.1.5 Noise and Amenity 1. A development must not generate significant levels of noise that may disturb the

existing neighbourhood amenity. 2. Any form of window or street soliciting in association with any brothel operation is

not permissible. 5.b.1.6 Health and Safety 1. The premises must be constructed of durable, impervious materials that are easy to

be kept clean. 2. Applicants should refer to the “NSW Health Communicable Disease Health and

Safety Guidelines for Sex on Premises Venues”, which provides detailed cleaning techniques and recommendations.



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3. Development applications are to provide details on measures to be undertaken to ensure the safety of workers, clients and the general public. Details are to include information on the incorporation of Crime Prevention Through Environmental Design (CPTED) principles including the following: a. Casual Surveillance of exits and entries b. Lighting

c. Landscaping

d. Security

e. Safe handling of money.

4. The health standards set out in the Sutherland Shire Environmental Specification

2007 – Brothels and Sex Shops must be complied with.

5.b.2 Controls for Sex Shops

5.b.2.1 Siting and Location

1. Development for the purpose of a sex shop must not be carried out if it is located:

a. within 50m of any form of residential (excluding Urban Centre zone), open space or special uses zone or land where the activity is identified as a sensitive land use.

b. within 100m of the boundary of an existing legally operating sex shop.

c. on the ground floor of retail or commercial premises.

d. within immediate proximity to the residential entrances of a mixed development.

e. where it may conflict with the residential amenity of a mixed development. f. on land owned by or under the care, control and management of the Council.

Note to Subclause 1: Sensitive land uses include, but are not limited to, place of public worship, churches, schools, transport nodes, residential dwellings, childcare centres, family health centres, senior citizens centres, licensed premises (licensed under the Liquor Act 1982) and facilities and places typically frequented by families or children.



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5.b.2.2 Advertising and display

1. All advertising must comply with Council’s requirements for the General Industrial,

General Business and Mixed Residential/Business zones in Chapter 10 of SSDCP2006.

2. In addition to these Council requirements, all sex shops must comply with the

requirements of the Crimes Act 1900 Section 578 (e) and Classification (Publications, Films and Computer Games) Enforcement Act 1995.

5.c Assessment Principles

1. When assessing a development application under this clause Council is to

consider:

a. Whether the impacts of the brothel or sex shop will not adversely affect the neighbourhood because of its size, location, parking arrangements, visual effects and hours of operation.

b. The cumulative impact of both brothels and sex shops is not adversely

affecting the streetscape by creating an undesirable character, or attracting antisocial behaviour to the area.



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6. Foreshore and Waterfront Development

The Shire's waterways and foreshore areas have both local and regional significance as they represent a valuable estuarine environment that provides the community with opportunities for passive and active recreation. The maintenance of the natural beauty of the waterways and the foreshores is important to the scenic quality of the Shire. The objective of these provisions is to ensure that the visual and environmental qualities of the foreshore and waterfront areas of Sutherland Shire are maintained and enhanced. 6.a Objectives 6.a.1 Objectives for All Foreshore and Waterfront Development (excluding land

zoned Zone 15 Private Recreation at Sylvania Waters) a. The objectives of this section are to:

a. protect and enhance natural features and vegetation within the riparian zone

b. minimise the visual impact of development when viewed from adjacent land

and waterways by integrating developments in the foreshore and waterfront environment by using design and materials which complement the natural landscape

c. retain local indigenous vegetation along the foreshore d. restore and revegetate foreshore areas to improve estuarine flora and fauna

habitat

e. minimise the impact of development on the natural landform of the foreshore and waterway by integrating structures into the site with minimal change to the natural topography

f. maintain and improve public access to the intertidal area of the waterfront

where there will be minimal environmental impact

g. achieve an appropriate balance between private development and the public use of waterways

h. conserve and enhance waterfront structures of heritage significance i. minimise the obstruction of water views from public land j. ensure view sharing between new and existing development



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k. ensure that any development does not obstruct or interfere with navigation

within the waterway

l. ensure restoration of the land below the foreshore building line, so far as practicable, to a natural state, with a minimum intrusion of man-made structures

m. minimise any adverse impact from development on water quality and where

possible, improve the quality of urban runoff entering the waterways. 6.a.2 Objectives for All Waterfront Development within the waterways of Sylvania

Waters (land zoned Zone 15 Private Recreation at Sylvania Waters)

1. The objectives of this clause are to:

a. maintain and improve public access to the intertidal area of the waterfront where there will be minimal environmental impact

b. achieve an appropriate balance between private development and the public

use of waterways c. conserve and enhance waterfront structures of heritage significance d. minimise the obstruction of water views from public land e. ensure view sharing between new and existing development f. ensure that the watercraft facilities will not result in difficulty of physical

manoeuvring of vessels within the canals g. ensure that the number and location of watercraft facilities will not adversely

affect the visual amenity of the neighbourhood. 6.b Controls 6.b.1 Controls for Development below Deemed Mean High Water Mark (MHWM)

(excluding land zoned Zone 15 Private Recreation at Sylvania Waters)

1. Shared and communal arrangements for waterfront structures will be required, where identified in a Locality Statement, in order to minimise the number of structures and their cumulative impact.

2. Any development below deemed MHWM shall be setback a minimum 2.5m from the prolongation of the common lot boundary unless there is explicit provision for



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shared use of the facility by neighbouring properties.

3. Swimming pools, inclinators, stairs and driveways are not permitted below the deemed MHWM.

4. Any development must be designed and constructed so that it does not cause

damage, or have the potential to cause damage (including shading) to marine vegetation, macro-algae, seagrass or mangroves.

6.b.2 Controls for Jetties, Ramps and Pontoons(excluding land zoned Zone 15

Private Recreation at Sylvania Waters) 1. A fixed jetty is not to exceed a length of 9m from deemed MHWM including any

existing reclamations. The maximum width of a jetty shall be 2m and the maximum height shall be limited to 750 mm above MHWM (i.e. the maximum height is 1.29m AHD).

2. A suspended ramp shall not exceed a length of 6m.

3. Regardless of 2. a suspended ramp and pontoon extension to a jetty may be permitted provided that the total length of the ramp and jetty does not exceed 15m from deemed MHWM.

4. Regardless of subclauses 1. and 2. above, the length of the structure is to be confined to the minimum needed to reach useable water which is taken to be 600mm depth at 00 low tide (-1.53m AHD) for the purposes of this subclause.

5. Pontoons are to be a maximum of 3.6m x 2.4m, constructed to the appropriate Australian Standard and only used as a facility to provide access onto a vessel.

Note to Subclause 5: Jetty, suspended ramp and pontoon structures shall be designed to facilitate access to private recreational vessels where a reasonable depth of water is available. The structures are only to be used for short stay embarking and disembarking of passengers and the transfer of personal goods.

6. Stabilisation piles, if proposed, must be an integral part of the pontoon (not free standing). Applications for stabilisation or fender piles must be supported by a report from a civil engineer demonstrating their need, design and location. Stabilisation and fender piles must not be used for permanent mooring.

Note to Subclause 6: Stabilisation and fender piles are used for reinforcing pontoons and facilitating access in areas exposed to high tidal runouts, strong currents and large wind waves.



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7. Jetties and suspended ramps are to be treated in brown or dark tones to reduce the

visual impact of the structure or can be left as natural timber, except when alternative treatments are necessary for public safety.

8. Solid filled jetties shall not be developed.

9. Jetties, suspended ramps or other structures shall not interfere with public access

along the waterfront.

10. No foreshore structures will be permitted over Posidonia australis (strapweed seagrass).

6.b.3 Controls for Sliprails (excluding land zoned Zone 15 Private Recreation at

Sylvania Waters) 1. Sliprails must only facilitate access to and from the water for vessels that are stored

within a boatshed.

2. Sliprails are to be in the form of two parallel rails located as close as practical to the seabed and must be recessed into any seawall or reclamation to minimise the height of the sliprails.

3. In all cases, the length of the structure is to be only the minimum needed to reach useable water which is 600 mm depth at 00 low tide (-1.53m AHD) for the purposes of this clause.

4. Regardless of subclause (c), a maximum length of sliprails is 15m from deemed MHWM and the maximum width is limited to 2 m.

5. There are to be no timber infills, walkways or timber ramps on sliprails.

6. Sliprails are to be constructed so that they are a minimum of 200mm above the substrate and 200mm above any seagrasses.

7. Sliprails are not to be used for the storage of boats. 6.b.4 Controls for Berthing Areas (excluding land zoned Zone 15 Private Recreation

at Sylvania Waters) 1. Berthing areas are only permitted if they are identified as an acceptable form of

development in a particular bay or stretch of waterway by a Locality Statement.

2. Berthing areas must only provide the landowner with the ability to permanently berth a vessel adjacent to their property.



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3. Berthing areas shall be located adjacent and at right angles to a jetty, ramp and pontoon structure, have maximum dimensions of 9m X 5m and when measured together with other waterfront structures (including reclamations) shall not extend beyond 15m from deemed MHWM.

4. Multiple berthing areas adjacent to shared or communal waterfront facilities shall

not be developed.

5. No berthing is allowed over seagrasses or macroalgae. 6.b.5 Controls for Boatsheds (excluding land zoned Zone 15 Private Recreation at

Sylvania Waters) 1. a. The use of boatshed shall be limited to the storage of small boats and

boating equipment.

b. Regardless of subclause 1.a, a shower facility is acceptable.

Note to Subclause 1: Council will not permit the use of a boatshed for any other purpose.

2. Boatsheds must be single storey and can only be located at or above deemed

MHWM. Boatsheds can have a maximum length of 7 m, a maximum width of 4 m and a maximum height of 3 m to the eaves or ceiling of the elevation/s facing the water and 5m to the highest part of the roof. The maximum floor level of the boatshed shall be 900 mm above MHWM (i.e. the maximum height is 1.44m AHD).

3. Boatsheds shall be designed to minimise excavation and incorporate a pitched roof

that reflects the character of the waterway. Sites which would require excavation into a cliff or rock face to achieve sufficient depth for a boat are unsuitable locations for boat sheds. Note to Subclause 3: Boatsheds that exhibit a scale and character in keeping with traditional timber boatsheds are preferred.

4. The materials of construction shall be of low maintenance and in a tone and colour

appropriate to the natural landscape.

Note to Subclause 4: Walls shall be restricted to timber, stone, brick or other material with an applied surface finish satisfactory to Council and high gloss paints or reflective materials and finishes shall not be used. Roofs shall be of corrugated metal or tile or other approved non-reflective



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materials. Boatshed doors shall be of non-reflective material with traditional double hung timber doors.

5. Boatsheds shall be setback a minimum 1.5 m from the side boundary. A variation

may be considered where there is: a. No detrimental impact on the view from the waterway by virtue of excessive

bulk of the building

b. No loss of an existing view to the water from adjoining lands to the waterway

c. An acceptable relationship between buildings along the waterfront. 6.b.6 Controls for Community Boating and Water-based Recreation Facilities

(excluding land zoned Zone 15 Private Recreation at Sylvania Waters) 1. The size of the development shall be kept to a minimum consistent with its function.

To minimise scale and bulk, the building is to be designed so that smaller elements, which reflect the function of the building, are grouped together. Built forms must avoid appearing as a single large shed.

2. Large blank expanses of undifferentiated cladding must not be used. Designs shall incorporate vents, louvres, windows, hoods, or similar elements into facades to reduce the visual scale of the building.

3. Exterior colours should be compatible with the overall landscape character type in which the building is proposed.

Note to Subclause 3: In general, buildings and structures should be constructed of materials with non-reflective surfaces. Where sited close to native vegetation, olive and mangrove greens and midtone greys are preferred. In other areas, consideration should be given to lighter colours sympathetic to the marine environment. Roofs should be midtone greys or grey-greens.

4. The incorporation of outdoor cafes along the waterfront, where permitted, should be

considered to encourage public use of community boating and water-based recreation facilities.



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6.b.7 Controls for Watercraft Facilities Within the Waterways of Sylvania Waters

1. Standard Pontoons shall be a maximum of 3.6m x 2.4m and the ramp is to be a

maximum of 5.5m long and 1.8m wide.

b. Mooring Poles, limited to two per property, shall be set a maximum of 6.5m from sea wall and be no greater than 1.5m above sea wall.



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c. Marina style pontoons and jetties must be held in place by 2 poles, and extend a

maximum of 5m.



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4. A Pontoon/jetty with drydocking system shall extend no greater than 5m into the waterway and shall be setback a minimum of 1m/5m from side boundary alignments.

5. Jet Ski pods are limited to 3 only, of size 1.1m x 4m, and setback 1m from side

boundary alignments.



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6. Development of watercraft facilities may be limited by the property location within

the canal (canal corners/ends). Where the above cannot be adequately catered for, specially designed flotation devices may be considered. Permanent mooring in these locations is not permitted.

Note: Sylvania Waters Limited, as the owner of the canal and waterways within, regulates development in accordance with their own provisions (see www.sylvaniawaters.com and Document 1016).

http://www.sylvaniawaters.com/



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7. Late Night Trading Premises The purpose of this section is to provide planning guidelines for the establishment and control of late night trading premises. It aims to assist in the management of the impacts of late night trading premises on the sites and neighbourhoods in which they are located, and in particular, protect the amenity of residential properties. The controls in this section will provide greater certainty to the community and proponents of night trading premises in respect to the appropriate hours and location of such premises. The provisions in this section do not look to curb or increase potential trading hours in a blanket fashion throughout the Local Government Area, but allow opportunities for late night trading hours in appropriate locations and with appropriate management actions. Identified within this section are a constrained range of operating hours in areas within a predominantly residential context with greater allowance for more flexible extended operating hours for premises located in places where adverse amenity impacts on residential neighbourhoods are likely to be lower and/or are considered better capable of being adequately managed. This section applies to all development, including community facilities, that: a. seek approval for operating hours that fall between 10pm and 6am the following day; or b. Currently operate at times which fall between 10pm and 6am the following day, and

seek approval for modifications and /or change of use that will result in an intensification of the existing use; or

c. Seek an extension or renewal of operating hours beyond 10pm; or d. Seek approval for outdoor activities beyond 10pm on public or private land. Applications may be considered an intensification where, for example, patron capacity would increase; hours of operation would increase; the floor area of a premise would increase; or there is a substantial change in the nature of the business such as a change of use from a business whose primary purpose is the sale of food, to one where the primary purpose is the sale of liquor. This section of SSDCP2006 is not retrospective nor does it derogate from existing consents. Where an application is made to modify premises that have an existing consent, a condition of consent pursuant to this section of SSDCP2006 would only be applied to the extent that it is considered reasonably related to the application.



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7.a Objectives 7.a.1 Objectives for all Late Night Trading Premises 1. The objectives of this section are to:

a. manage the adverse impacts of late night trading premises in order to protect neighbourhood amenity and property, particularly residential land uses

b. achieve vibrancy and diversity of activity within designated late night trading

precincts by encouraging premises of differing scale, intensity, and character for the benefit of the community and its economy

c. support appropriate local facilities that enhance neighbourhood amenity

through the provision of services to residents outside designated late night trading areas

d. provide consistency in the assessment of all new applications for night trading

premises e. develop clear and transparent requirements to ensure that applicants,

operators, the local community and all relevant stakeholders are well informed of the controls in place in relation to late night trading

f. ensure that outdoor activities are appropriately managed g. encourage the establishment of late night trading premises on land that is well

located in terms of its proximity to centres and public transport

h. ensure the safety of patrons and staff through the responsible management of late night trading premises and their surrounding environment

i. encourage the establishment of late night trading premises which activate the

street and shopfront by including uses which operate during the day and not exclusively at night.

7.b Controls

7.b.1 Operating Hours for all Development identified as Late Night Trading Premises

1. Operating hours refer to the maximum period of time a premise may trade and/or allow persons, either patrons or staff to access and operate within the premises or related outdoor areas, including waste, storage and loading areas. It is up to the management of the premises to establish the cut-off time for patrons entering the premises, placing orders and any cleaning that is necessary to comply with permitted operating hours.



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2. Operating hours are divided into two categories:

a. Base Hours - are standard operating hours that late night trading premises

may reasonably expect if a development application is determined by way of approval.

b. Extended Hours - Council may consider extending operating hours beyond

base hours but only where Council has determined that the premises have been (or will be) well managed, including compliance with the Management Plan. Extended hours will be considered by Council as the maximum operating hours.

3. Entertainment venues, function centres, pubs, registered clubs and restaurants (as

defined in the Standard Instrument (Local Environment Plans) Order 2006) will be subject to a 3 year trial period by way of reviewable condition for extended operating hours.

7.b.2 Additional Operating Hours for Community Facilities; Drive in Liquor Stores; Entertainment Facility; Food Shops; Hotel; Place of Assembly; Recreation Facilities; Registered Clubs; Restaurants; Sailing Club; Shop and Sex Shop as indicated in Maps Titled Late Night Trading Precincts.

High Activity Areas

Indoor Outdoor

Base: 6am to 12am Extended: 6am to 3am

Base: 6am to 10pm Extended: 6am to 12am

7.b.3 Additional Operating Hours for Community Facilities; Drive in Liquor Stores; Entertainment Facility; Food Shops; Hotel; Place of Assembly; Recreation Facilities; Registered Clubs; Restaurants; Sailing Club; Shop and Sex Shop as indicated in Maps Titled Late Night Trading Precincts.

Intermediate Activity Areas

Indoor Outdoor


Base: 6am to 10pm Extended: 6am to 11pm



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7.b.4 Additional Operating Hours for Brothels; Community Facilities; Drive in Liquor Store;

Entertainment Facility; Food Shops; Hotel; Place of Assembly; Recreation Facilities; Registered Club; Restaurant; Sailing Club; Shop and Sex Shop except for areas indicated in Maps Titled Late Night Trading Precincts.

Low Activity Areas

Indoor Outdoor


Base: 6am to 9pm Extended: 6am to 10pm

7.b.5 Additional Operating Hours for Convenience Stores; Service Stations; Shops and all

other premises trading after 10pm (not including those indicated in Clauses 7.b.2, 7.b.3 and 7.b.4) as indicated in Maps Titled Late Night Trading Precincts.

High Activity Areas

Base: 6am to 1am Extended: 24 hr


other premises trading after 10pm (not including those indicated in Clauses 7.b.2, 7.b.3 and 7.b.4) as indicated in Maps Titled Late Night Trading Precincts.

Intermediate Activity Areas

Base: 6am to 12am Extended: 24 hr


other premises trading after 10pm (not including those indicated in Clauses 7.b.2, 7.b.3 and 7.b.4) except for areas indicated in Maps Titled Late Night Trading Precincts.

Low Activity Areas

Base: 6am to 10pm Extended: 24 hr



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7.b.8 Additional Operating Hours for all Development identified as Late Night Trading Premises

1. Notwithstanding clauses 7.b.2, 7.b.3 and 7.b.4, it may be considered reasonable

that outdoor areas may operate beyond those hours identified as ‘extended hours’ but only where it can be demonstrated that this will not result in any adverse impacts upon the amenity of surrounding residents and neighbourhoods.

Note: Outdoor areas are areas that are not considered an “enclosed place” within the meaning described in the Smoke-free Environment Regulation 2007. Clause 7.b.8 may be relevant where the premise, due to its location, is considered isolated from surrounding residential land uses. Outdoor operating hours as noted in clauses 7.b.2, 7.b.3 and 7.b.4 refer only to those being proposed upon private property. Proposals for outdoor activities relating to restaurant purposes on Council land will be subject to approval under Section 125 of the Roads Act.

7.b.9 Noise Controls for all Development identified as Late Night Trading Premises 1. To reduce disturbance to nearby residents, the movement of garbage and refuse

(including empty bottles and cans) from inside the premises to outside storage bins or areas should not occur:

after 10pm; and before 8:00am Monday to Saturday or before 9.00am on Sunday and Public Holidays.

Movement of waste (other than cans/bottles or other waste movement with a risk of undue noise) from inside to outside the premises can occur outside these hours provided noise is minimised.

2. Owners and operators shall at all times have displayed at all staff exits and in the

garbage storage area clearly visible and legible signs in the form of, or like “Bottle and cans are not to be moved from inside the premises to outside, and garbage is not to be collected by waste operators (other than by Council or its operators), after 10pm or before 8am (9am Sunday/Public Holiday). Movement of other waste from inside to outside the premises, after 10pm should occur quietly”; (wording negotiable).



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3. To reduce disturbance to nearby residents, no loading/unloading of any goods shall occur after:

(a) after 7pm; and (b) before 8:00am Monday to Saturday or before 9.00am on Sunday and Public

Holidays. 4. To minimise the impact of noise from the premises on the surrounding environment, the proprietor(s) and/or manager(s) shall take all steps necessary to ensure that no noise nuisance occurs from persons entering or leaving the premises.

7.b.10 Safety and Security Controls for all Late Night Trading Premises

1. Owners and operators of late night trading premises are to demonstrate how they

will responsibly manage the surrounding environment adjoining the premises (within a minimum 50metre radius), to maintain local amenity, safety, security and prevent potential impacts on surrounding residents.

2. Owners, operators or their approved crowd controllers shall appropriately manage

queuing of patrons parallel to the building, in order to ensure adequate and safe clearance for pedestrians. Any arrangements for queuing of patrons should not disrupt the operation, entry/exit points and any outdoor dining area and approved permits of neighbouring premises.

7.b.11 Additional Safety and Security Controls for Shops and Convenience Stores 1. In order to maintain visibility to the shop interior, the shop front windows must not

be obscured by: a. blinds, curtains or the like; b. advertising posters, painted signs, decals or displays that are fixed internally or

externally to the shopfront; c. shelving; or d. shop fittings, refrigeration equipment and the like which exceed 1200mm

above finished floor level or which projects above the sill of the shopfront. 2. Any proposed shelving along glass shopfronts must be of an open-framed, see

through construction and the combined height of shelving and any goods displayed must not exceed 1200mm above in finished floor level.

7.b.12 Amenity Controls for all Development identified as Late Night Trading Premises

1. Where a premise is located either in whole or as a component at ground level,

active uses must be provided at ground level for day trade. Suitable justification must be provided where this cannot be achieved.



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2. Signs must be permanently erected and placed in clearly visible positions within the

premises, including immediately adjacent the entry / exit doors, requesting patrons upon leaving the premises to do so quickly and quietly, having regard to maintaining the amenity of the area. Details of the proposed signage, including its content and location/s shall accompany the application and be detailed in a Management Plan as required by clause 7.b.14.

7.b.13 Reviewable Conditions for Cinemas; Theatres; Concert Halls; Music Halls; Indoor

Sports Stadiums; Function Centres; Licensed premises who’s principle purpose is the sale of liquor on the premises including Pubs, Hotels and Motels; Registered Clubs and Restaurants

1. Approvals for late night trading premises with extended operating hours will be subject to a reviewable condition to allow Council to assess the ongoing management performance of a premises and its impact on neighbourhood amenity.

2. Council may approve occupancy rates, subject to a reviewable condition, based

on the building class, proposed use and an assessment of potential impacts to the surrounding environment to allow Council to assess the ongoing management performance of a premises and its impact on neighbourhood amenity.

3. Permanent consent or renewal of extended operating hours and/or maximum

occupancy may only be permitted if Council is satisfied that a late night trading premises has demonstrated good management performance and compliance with a Management Plan following the completion of a satisfactory trial period.

4. Hours of operation and/or maximum occupancy, subject to reviewable conditions,

will be approved for a three (3) year trial period:



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Note: At the completion of the trial period, as required by clause 7.b.13.4, a new development application must be lodged to either obtain permanent consent for extended operating hours, renew existing approved extended operating hours or to seek an extension to these hours. At the completion of the duration period, as required by clause 7.b.13.4, a new development application must be lodged to either renew existing approved maximum occupancy rates or to seek an extension to these rates. Should a premise demonstrate good management at the end of a trial period, Council may grant permanent trading hours consistent with extended operating hours. Alternatively, if Council has concerns regarding the ongoing management performance of a premise and its impacts on neighbourhood amenity, an additional trial period may be set to further monitor any impacts associated with the premises. In determining the application of a trial period, Council will consider (but not be limited to) the following criteria: a. application/s history b. compliance history; c. NSW Police Force comments; d. any public submissions; and e. management history.

5. If Council determines that the trial period as required by clause 7.b.13.4 has been

unsatisfactory, then operating hours will revert back to base hours as prescribed in clauses 7.b.2, 7.b.3, 7.b.4, 7.b.5, 7.b.6 and 7.b.7, or identified in the applicable condition of consent, or the approved maximum operating hours consented to prior to the commencement of this section of the DCP.

6. If Council determines that the trial period as required by clause 7.b.13.4 has been

unsatisfactory, then occupancy numbers will revert back to those identified in the applicable condition of consent or as consented to prior to the commencement of this section of the DCP.

Note: Development applications for a renewal or extension of operating hours and/or occupancy numbers, previously the subject of a reviewable condition, should be lodged within 40 days of the expiry of the reviewable period and applicants will be allowed a period of ‘grace’ from the termination of the trial period until the new development application has been determined by Council. During this period, the premises may continue to trade during the existing approved trial hours. If a development application is not lodged within 40 days from the expiry of the trial period as set by the reviewable condition, the approved operating hours will revert to base operating hours or the approved maximum operating hours consented to prior to the commencement of this section of the DCP. This only applies to development applications determined after the commencement date of this section of the DCP.



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If a development application is not lodged within 40 days from the expiry of the trial period as set by the reviewable condition, the approved occupancy numbers will revert to those identified in the applicable condition that forms part of the consent. This only applies to development applications determined after the commencement date of this section of the DCP. Section 80A (Imposition of conditions) of the Environmental Planning and Assessment Act 1979 permits the use of reviewable conditions by a Consent Authority to approve hours of operation and/or number of persons permitted where it is uncertain about the impacts of the proposed development on adjoining land uses. Premises subject to reviewable conditions (as determined by clause 124B of the Environmental Planning and Assessment Regulation 2000) are: (i) entertainment venue (cinema, theatre, concert hall and indoor sports stadium); (ii) function centre; (iii) pub; (iv) registered club; and (v) restaurant.

Applicants should not assume that they will be entitled to maximum occupancy rates based on the proposed land use and its applicable building class under the Building Code of Australia (BCA). Council will determine as part of the assessment of any development application for late night trading premises the appropriate occupancy rates given the building class, proposed use and potential impacts to the surrounding environment.

7.b.14 Late Night Trading Premises Requiring Management Plans 1. For certain development types, the applicant will be required to provide a Management

Plan. 2. The table below identifies what form of development requires a Management Plan. There

may be instances where development types not listed in this table may warrant some form of late night trading assessment due to the local circumstances, or where a greater level of assessment is necessary to adequately examine the issue for a particular development. The requirements of this table should therefore be regarded as the minimum mandatory requirements for late night trading evaluation.

Land Uses requiring a Management Plans

All premises trading within extended operating hours; All Licensed Premises; Function centre; Hotel;

Pub; Registered club; Restaurant; and Sailing Club;



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Note to subclause 7.b.14.2: A Management Plan may include but is not limited to the following details: • Site and locality details • Organisational overview • Hours of operation • Noise control • Safety and security measure both on-site and off-site • General amenity • Waste management, including garbage collection and placement of recyclable materials • Staffing • Liquor licensing information • Licensing accord membership • Signage • Crowd control measures and procedures • Transport accessibility (private and public) • Complaints handling procedures, recording and follow up actions For additional information refer to Sutherland Shire Environmental Specification 2011 – Management Plan Guidelines. It is at Council’s discretion to request further information regarding the management of a premise if it is considered that the proposal may impact adversely on the amenity of the area.

7.b.15 Monitoring and Review for all Development Requiring a Management Plan

1. Consideration should be given to changes in the nature of the operation that has

occurred during a trial period as required by clause 7.b.13.4 and any complaints made to Council, the Office of Liquor, Gaming and Racing (OLGR) as well as the NSW Police Force.

2. At the termination of a trial period, as required by clause 7.b.13.4, it will be

necessary to submit a new Management Plan (with a statement of revisions of the previous Management Plan to demonstrate performance over the required period). This shall accompany an application for a renewal or extension of operating hours so that Council can determine whether adequate steps have been taken to resolve problems arising from the operation of the premises during the trial period, expressed within the reviewable condition.

Note: Applications for late night trading premises will be notified in accordance with Council’s notification policy as detailed in chapter 12: Administrative Provisions of SSCDCP 2006, and referred to the NSW Police Force where deemed necessary by Council. Applicants are advised to consult the NSW Police Force prior to the lodgement for applications for licensed premises and any recommendations should be included in a required Management Plan.



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7.b.16 Late Night Trading Premises in High Activity Areas

1. High activity areas are of variable size and located predominantly within interiors of

urban local centres. High activity areas are areas dominated by existing commercial activity and are suitably removed from surrounding residential land uses allowing for more intense late night trading.

2. High activity areas are often considered as ‘destination areas’ that attract people

from within the suburb and outside the immediate locality. They have accessible and frequent public transport services at night and have their focus on main streets where people shop, meet, work and live. Given the higher level of visitation and possibility of longer trading hours, it is important that all premises are well managed and regulated.

3. High activity areas have the capacity for an increase in well managed late night

trading premises. 4. High activity areas should be vibrant places both day and night. Premises that

operate within this area should seek to enhance this vibrancy through their choice of operating hours and by providing for a diversity or activity.

5. High activity areas are places that people visit for a number of reasons and not

solely to patronise licensed premises such as pubs and hotels. Alternative land uses such as commercial and retail, art/gallery space, cafes and the like are encouraged in high activity areas.

6. High activity areas, due to the greater absence of immediate residential land uses

are appropriate for entertainment including live music, theatre and ‘DJ’ culture. 7. The day to day management of licensed late night trading premises are to be

accompanied by detailed Management Plans which effectively address amenity, safety and security.

8. Extended hours within high activity areas reinforce the role of the centre as a

designated late night trading precinct and a centre of activity which offers entertainment, social and cultural opportunities that attracts both local and outside residents. Early morning trading within high activity areas may be acceptable where proponents can verify over time that noise, safety and amenity impacts can be managed to a level to an acceptable community standard.



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9. High activity areas are areas characterised by vibrant and stimulating atmospheres and varied street life by day and night, building on established roles as centres of night life and popular entertainment. Late night trading premises, including licensed premises and entertainment facilities, should seek to maximise the benefits of this mixed use precinct that may consist of tourist facilities, restaurants, retail, commercial and residential uses. Licensed Premises are an important part of the precinct and contribute to the desired future character but are in need of sensitive management to ensure that they continue to contribute, and do not detract from, the qualities that attract people to live, work and recreate in the area.

7.b.17 Late Night Trading Premises in Intermediate Activity Areas

1. These areas may be of variable size and their physical boundary is defined by clear

transitions in the intensity and duration of late night activity compared to lower and higher impact late night trade areas nearby.

2. Nominated intermediate activity areas will act as buffer zones to the more

concentrated late night time activity of high activity areas. Intermediate areas are intended to function as a transition zone by providing a lesser intensity of use. This is generally achieved by applying more stringent hours.

3. Intermediate activity areas are characterised by the potential to accommodate a

range of lower impact late night trading premises which can cater to an environment with a higher density of residential land uses. Premises that are desirable in the intermediate areas are premises that facilitate diversity within centres and help to reinforce the needs of the local community.

4. Appropriate late night trading hours for premises will be dependent on the proximity

of residential premises. Generally, longer operating hours will be acceptable where the late night premises are well “insulated” and the surrounding residential land uses are “protected” from late night trading activity.

5. Extended hours within intermediate activity areas reinforce the role of the area as a

designated buffer zone offering late night trading options but at a restricted intensity due to closer proximity to residential land uses. Extended operating hours within intermediate activity areas may be acceptable where proponents can verify over time that noise, safety and amenity impacts can be managed to a level which is at an acceptable community standard. It is desirable that premises do not trade exclusively at night and also function as places that people use during the day to create a balance of activity.

6. It is important that late night establishments in this precinct be sensitively managed

to ensure they contribute to and do not detract from the centre’s atmosphere and residential amenity that attracts people to live, work and recreate in the area.



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7. Due to the proximity and nature of residential development that surrounds Core areas, the impacts of development on the amenity of residents shall be carefully controlled and managed by the proprietor.

8. Intermediate activity areas are typically mixed residential and commercial uses with

potential to accommodate a range of lower impact late night trading premises at ground floor level. While this area is active and vibrant, the intensity of activity is distinctly lower than high and intermediate activity areas.

Note: Due to the close proximity between late night trading premises and surrounding residential development, proposals will differ in their assessment based on potential amenity impacts and their management. The submission of a Management Plan will assist in this regard, and applicants in addition to the basic content are encouraged to nominate specific mechanisms to manage proximity to residential development.

7.b.18 Late Night Trading Premises in Low Activity Areas

1. Low activity areas cover all other parts of the Sutherland Shire not included as high

and intermediate activity areas. 2. Low activity areas are predominately characterised by low density residential land

uses and as such, proposed late night trading premises should reflect the community expectation and amenity associated within these areas. Examples of late night trading premises located within low activity areas include bowling clubs, community halls, and registered clubs such as those associated with local sporting associations, restaurants, service stations and shops. Late night trading premises within the low activity areas should therefore be aimed at supporting and servicing the immediate community.

3. Base and extended hours within low activity areas reinforce the role of the area as

offering late night trading options but at a restricted intensity that accommodates the residential character of the locality. Premises that are desirable in the low activity areas are premises that facilitate local needs, in particular accessibility without the use of private vehicles and transport.

4. Up to 24 hours trading may be permissible in this area for Convenience Stores;

Service Stations; Shops and all other premises trading after 10pm (not including those indicated in Clauses 7.b.2, 7.b.3 and 7.b.4). However, extended hours are dependent on context and impact. In cases where impacts on residential properties cannot be effectively managed, late night trading will be limited to base hours only.



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7.c Assessment Principles 7.c.1 Assessment Principles for all Development identified as Late Night Trading

Premises 1. Hours

a. Appropriate hours are dependent on the nature and location of the proposal, the proximity of residential land uses and the potential safety, social or other impacts on the locality.

b. Late night premises are encouraged within late night trading precincts, however

as a general rule, premises should look to locate where proposed uses are compatible with the surrounding environment and amenity impacts will be minimised.

2. Management Plans

a. The submission of a Management Plan will ensure that proponents of late night

trading premises have considered and addressed any potential impacts that may arise from their operation during late night hours, as well as enabling Council to effectively assess the impacts of a proposal.

b. Management Plans must identify strategies to manage potential social, safety

and other impacts of late night premises and include verifiable data and actions.

3. Miscellaneous

a. In assessing the likely impacts of an application for late night trading premises, concerns raised by objectors are relevant only to the extent that there is a reasonable probability that those impacts will occur as a result of the proposal.

b. For premises that are currently operational, Council must consider the following

assessment criteria:

i. what are the adverse impacts of the current operation of the premises; ii. what measures are in place to address those impacts; iii. how are those measures documented; iv. have those measure been successful; and v. what additional measures are proposed by the applicant or might otherwise

be required.

c. Council must consider the impact of the existing premises on surrounding residential amenity. If this impact is currently unacceptable then the proposed extension or intensification should not be granted, unless there are measures proposed to mitigate the existing impact.



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d. It is not sufficient to assume that a use operating in compliance with its

approval has an acceptable impact.

7.c.2 Additional Assessment Principles for Cinemas; Theatres; Concert Halls; Music Halls; Indoor Sports Stadiums; Function Centres; Licensed premises who’s principle purpose is the sale of liquor on the premises including Pubs, Hotels and Motels; Registered Clubs and Restaurants

1. Reviewable Conditions

a. Council may use reviewable conditions where it is uncertain about the impacts

of the proposed development on adjoining land uses. Reviewable conditions will only be used in exceptional circumstances (extended operating hours). By using reviewable conditions Council can retain a close degree of control over the hours of operation and maximum occupancy of a late night trading premises. Council may reduce the hours or capacity granted to lower the level following a review. Conversely, applicants may apply to increase hours or occupancy if available to them and it is demonstrated that the impacts to the community are acceptable.

b. A development consent that is granted subject to a reviewable condition must

specify:

i. that the consent is subject to a reviewable condition; ii. the purpose of the condition; iii. when, or at what intervals, the reviews are to be carried out; and iv. the information that will be required to support an application to continue

beyond the reviewable period (including a new Management Plan with a statement of revisions to the previous Management Plan to demonstrate performance over the trial period).

c. In assessing reviewable conditions, either in relation to trading hours and/or

maximum occupancy, Council will undertake its own review of the level of compliance with the Management Plan and whether the trial period has been successful. This review will include (but not limited to):

i. consideration of complaints to Council and OLGR; ii. an assessment of inspections by council officers; and iii. comments from the NSW Police Force.



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d. When using a reviewable condition to set specific duration periods for occupancy numbers, the applicable condition will state a base number of occupants that premises will be allowed to accommodate and then an additional number of occupants, provided as a separate figure, and a total for the premises. For example, a venue may have approval for occupancy of 200 persons but with an additional permissible occupancy of 150, totalling 350 persons provided on a trial period for 3 years, based on clause 7.b.13.4 of this section of the DCP.

e. Permissible maximum occupancy will be assessed against the permissible

number of persons allowed to occupy the premises based on the proposed use and the nominated building class under the Building Code of Australia.

f. Should Council find that the premises is not operating in accordance with its

conditions of consent and the premises does not meet the requirements of the Building Code of Australia enforcement action will be undertaken.

KINGSWAY

DENMAN AVE

PRESIDENT AVE

BURNS LN

PARK LNWILL

ARON

G RD ROAD

HAY LN

BANKSIA RD

PORT

HAC

KING

RD

MACK

AY ST

MANSFIELD AVE

FLIDE ST

GLAS

SOP S

T

CAWA

RRA R

D

DURABA PL

HAY AVE

MANS

FIELD

LN

PARK PL

PRES

IDEN

T LN

CURB

AN LN

WILL

ARON

G RD

BANKSIA RD

1:2,0000 30 60 90 12015 Meters5

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Intermediate Activity AreaHigh Activity Area

EAST

PDE

ETON

STFLORA ST

LINDE

N ST

PRESIDENT AVE

MERT

ON ST

OLD PRINCES HWY

BELM

ONT S

T

SUTH

ERLA

ND LN

OXFORD ST

ACTON ST

ROBE

RTSO

N ST

SUTHERLAND OVERPASS

GRAY

LN

GRAY

ST

ROBE

RTSO

N LN

STAPLETON AVE

BOYLE ST

HARV

ARD

LN

ADELONG ST

MOORE ST

BOYLE LN

ETON LN

TORO

NTO P

DE

PHWY

PARK ST

MCCUBBENS LN

ROAD

WARA

TAH L

N

ANGLE LN

CAMBRIDGE LN

SUTHERLAND ST

MUST

ON LN

BELM

ONT S

T

MERT

ON ST

BELM

ONT S

T 1:2,5000 30 60 90 12015 Meters5

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KIORA

RD

KINGSWAY

KARIMBLA RD

WAND

ELLA

RD

GIBBS ST

PENPRASE LN

URUNGA PDE

CLUBB LN

CENT

RAL R

D

JACK

SON

AVE

CLUB

B CRE

S

WILLOCK AVE

KIORA LN

URUN

GA LN

JACK

SON

AVE

1:2,0000 30 60 90 12015 Meters5

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MENAI RD

OLD

ILLAW

ARRA

RD

ALLIS

ON C

RES MO

NA R

D

NEW

ILLAW

ARRA

RD

CARTER RD

BARRY RD

ELLIO

TT R

D

ALFO

RDS P

OINT

RD

MINA

RD

HILLOAK WY

CATALPA GR

POPPERWELL DR

PORTMADOC DR

MACMAHON PL

PARYS CL

MAYMAN ROW

DAVIS

PL

TUPE

LO G

R

THE WOODS CRCT

PHWY

ARNOLD PL

KILBO

RN PL

BOXS

ELL C

L

FORESTGROVE DR

DAINTREE WAY (PRIVATE)BE

AUMA

RIS DR

LAUREL GR

BLACKTHORN CRCT

AMBE

RWOO

D PL

SYCAMORE GR

ROSEWOOD ROW

MCGOVETT PL

ROAD

DAWS

ON PL

DEWBERRY CL

APPLETREE PL

SCHOFIELD PL

CHERRYWOOD GR

OAKW

OOD

WAY (

PRIVA

TE)

BASS

ETT P

L

ABRA

HAM

CL

PHWY

MENAI RD

1:3,5000 50 100 150 20025 Meters5

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PRINCES HWY WILSON PDEROSEBERY ST

OLIVER ST

LYNE LB

VENO ST

MARTIN ST

KING ST

HEATH LN

STRICKLAND ST

DILLWYNNIA GR

HUNT

ER ST

DIBBS LN

BORONIA GROLIV

ER LN

MIRRABOOK PL

BYRNES LN

GREVILLEA GR

1:2,0000 30 60 90 12015 Meters5

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GYME

A BAY

RD

SOUTH ST

NORTH ST

TALA

RA R

D

PREM

IER ST

SOUT

H LN

CHAP

MAN

ST

KOOR

ABEL

AVE

NORT

H LN

PRESIDENT AVE

WARBURTON ST

TURNERS LN

MANC

HEST

ER R

D

PHWY

KINGSWAYKINGSWAY

MOANI AVE

CHAPMAN LN

WARB

URTO

N LN

PHWY

PREM

IER ST

TALA

RA R

D

CHAP

MAN

ST

KINGSWAY

1:2,0000 30 60 90 12015 Meters5

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Intermediate Activity Area

OLD PR

INCES HWY

RAILWAY PDE

CALD

ARRA

AVE

WARATAH RD

ANZAC AVE

STATION ST

PRES

TON AV

E

BORONIA AVE

CAMBRAI AVE

NOLAN AVE

CHIPILLY AVE

COURT LN

DERN

ANCO

URT A

VE

TOMS LN

GEEBUNG LN

MIANGA AVE

ENGADINE PL

MIYAL PL

BULLECOURT AVE

PINE LNPHWY

LANE

PRESTON LN

1:2,5000 30 60 90 12015 Meters5

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SURF LN

KINGSWAY

GERRALE ST

CROY

DON

ST

CRONULLA ST

TONKIN ST

WILB

AR AV

E

OZON

E ST

WARATAH ST

PURLEY PL

SURF RD

ELOU

ERA R

D

SEARL RD

DEEBAN WKST

ANDR

EWS P

L

LAYCOCK AVE

NICHO

LSON

PDE

PHWY

MCALISTER AVE

BEACH PARK AVE

ABEL

PL

CARONIA AVE

SURF LB

PRINCE ST

OCEAN GROVE AVE

GOSP

ORT S

T

MENTO

NE AVE

MCDONALD ST

OZONE AVE

WILBAR LN

CURRANULLA LN

NERA

NG R

D

GIDDINGS AVE

CROYDON LN

CRANBROOK LN

PHWY

PHWY

PHWY

1:3,0000 40 80 120 16020 Meters5

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PRINCES HWY

MELROSE AVE

FLOR

IDA S

T

EASTON AVE

PORT

HAC

KING

RD

FORM

OSA S

T

PEMBROKE ST

PHWY

CORE

A ST

MURRALIN LN

JUNIPER PL

MADE

IRA S

T

CANBERRA RD

CORAL TREE PL (PRIVATE)

PHWY

1:2,0000 30 60 90 12015 Meters5

Late Night Trading Precinct - SylvaniaM:/...Mapdoc/SSDCP2006_Policies/LateNite_Trading_Precinct.mxd

Legend

Intermediate Activity Area



CHAPTER 9

Specific Land Use

8. Swimming Pools

8. a. Objectives 8. a.1 Objectives for Pools 1. The objectives of this section are to:

a. ensure that pool location and design maximises safety and minimises the impact

upon the environment

b. ensure that the visual impact of pools and associated development is minimised

by appropriate pool location and landscaping, and that the required landscape area is maintained

c. ensure that the pool location and design respects existing land forms and protects

the integrity and stability of geological elements in the vicinity

d. ensure that acoustic and other residential amenity impacts of pools and associated development are minimised

e. minimise the risk of children drowning

f. maintain access to and from residential buildings within the property outside enclosed pool areas

The Swimming Pools Act and the Swimming Pools Regulation apply to all types of pools (both indoor and outdoor) on premises where there is a residential building, a moveable dwelling (such as a caravan), a hotel or motel, tourist & visitor accommodation, multi-occupancy developments or child care facility. Swimming pool means an excavation, structure or vessel:

(a) that is capable of being filled with water to a depth of 300 millimetres or more, and

(b) that is solely or principally used, or that is designed, manufactured or adapted to be solely or principally used, for the purpose of swimming, wading, paddling or any other human aquatic activity,

and includes a spa pool, but does not include a spa bath (as defined in the Swimming Pools Act). Note: For the purpose of simplicity, in this document the use of the term ‘pool’ has the same meeting as ‘swimming pool’, as defined in the Act.



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Specific Land Use

g. ensure that the impact of pools and associated fences on the streetscape and

public places is minimised and the existing landscape character is enhanced

h. ensure that existing drainage easements, floodways or heritage items are not adversely affected or impeded

i. ensure that the impact of child-resistant fence barriers on adjoining occupants views is minimised

j. ensure that the impact of pools and associated fences do not impact on vehicle

parking, access and egress for the property. 8. b Controls

8.b.1 Design and Safety Controls for Pools

1. All pools shall be designed and constructed to comply fully with the provisions of

the Swimming Pools Act and Swimming Pools Regulations applicable at the time of construction / installation.

2. The Swimming Pools Act requires all pools to be separated from any residential

buildings (as defined under the Swimming Pools Act) within the property and any adjoining public or private properties by Child-Resistant Barriers in accordance with the Swimming Pools Regulations and the Building Code of Australia.

3. All pools and spas shall be constructed to comply with the Sutherland Shire

Environmental Specification 2011 – Swimming Pools. 4. New pools are not permitted as part of a child care centre. (See also Chapter 9,

Clause 2.b.1.11 of SSDCP 2006.) 5. Pools or pool child-resistant barriers which are within primary or secondary street

boundary setback shall be consistent with the objectives outlined in Chapter 3 Clause 19.a.1 of SSDCP 2006.

6. The pool and surrounds must be designed such that splash, drainage and spill

water does not adversely affect waterways and other sensitive natural features, or adjoining properties.

7. Hard surface areas adjacent to pools shall be minimised to allow stormwater and

pool overflow to permeate into the ground surrounding the pool.



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Specific Land Use

8. Fill from pool excavation shall be removed from the site, except where an application involves on-site fill placement / retention. Where proposed fill location and depth must be shown on the submitted plans.

9. The materials and design of any associated retaining walls shall be integrated with and complement the natural setting.

8.b.2 Controls for Location, Height and Setbacks of Pools (and Associated

Structures) 8.b.2.1 Location 1. Pools shall be located and designed to:

a. ensure the retention of existing significant, healthy trees b. minimise any impact on native vegetation from excavation c. minimise any alterations to the natural topography.

2. Where the site contains significant natural landforms such as cliff faces, rock

outcrops and the like, especially those which are visible from a waterway or public place, the pool shall be sited and designed to retain the natural land forms and protect the integrity and stability of geological elements in the vicinity.

3. Where a pool is located in close proximity to an existing tree, the pool surround/ decking shall be of isolated pier and beam construction to prevent tree root damage.

4. The pool shall be located such that it is separated from any residential structures such as, a garage, carport, shed, boatshed, pergola or the like. Such non-pool structures shall be outside the pool area enclosure.

5. Where a site is affected by a drainage easement, pools and ancillary structures and equipment shall be located clear of the easement boundaries.



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Specific Land Use

8.b.2.2 Height 1. Pools shall be built so that the top of the pool is as close to existing ground as

possible.

2. Further to the above clause, the following controls apply: a. a pool must not extend more than 300mm above existing ground level (at any

point), if located within the primary or secondary street building zone.

Note: No pool or associated structures are allowed forward of the dwelling for properties within in Woronora Heights and west of the Woronora.

b. an inground pool outside the areas stated in ‘a’ above must not extend more than 500mm above existing ground level (at any point).

c. a demountable pool (i.e., those pools also known as above ground/ portable/

prefabricated pools) outside the areas stated in ‘a’ above must not extend more than 1m above existing ground level (at any point).



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Specific Land Use

Note: SSLEP Clause 17 prohibits pools located between the Foreshore Building Line (FBL) and Mean High Water Mark (MHWM) exceeding a height of 300mm above existing ground level (at any point).

3. Any decks or surrounds associated with a demountable pool shall not exceed a

height of 500mm above existing ground level.

8.b.2.3 Setbacks 1. The minimum setback from the outside of the pool coping (or pool

surrounds/decking) to the primary street boundary is 7.5m.

2. The minimum setback from the outside edge of pool coping / pool decking / paving to the side and / or rear boundary, except where landscaping with a greater height than 900mm is required or proposed, is:

a. 1.0m where a pool/ surrounds is not more than 500mm above existing ground

at any point.

b. 1.5m where a demountable pool/ is between 501mm to 1000mm above

existing ground at any point.

3. Where landscaping with a height greater than 900mm is required or proposed, a 1.8m setback is required to allow a 900mm non-landscape / non-climbable zone to be provided. (See drawings in landscape controls.)

8.b.3 Controls for Pool Landscaping 1. Where a pool extends above existing ground level and is visible from a waterway,

public place or adjoining property, the following measures must be used to mitigate the visual impact of the structure:

a. Landscaping shall be installed to screen the exposed sides of the pool.



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Specific Land Use

b. The colour and texture of the materials comprising the exposed sides are to

match natural elements such as tree trunks, stone or seawalls. stone facing is the preferred facing material because it best complements the natural environment of Sutherland Shire.

2. Screen planting shall be provided to achieve a reasonable level of privacy between

adjoining neighbours. Such planting shall achieve a minimum mature height of 1.8m.

3. Landscaping provided to a property is not to be located in a position that intrudes into the non-climbable zone of pool child-resistant barriers.

4. Landscaping provided to a pool should be located clear of any subsurface drainage, water or sewer easement to eliminate root penetration into pipelines or damage during pipeline maintenance works.

Note: Suitable species for swimming pools is located in the Environmental Specification – Landscaping.

8.b.4 Additional Controls for Pools within the Foreshore Building Line

1. A pool fence barrier, where required for safety reasons, located between the Foreshore

Building Line (FBL) and Mean High Water Mark (MHWM), such pool fence barrier must meet the following requirements:

a. designed and located such that access to and from the residence and waterfront within the property is outside the pool enclosure and not thorough the pool area

b. located within close proximity to the pool structure. Fence barrier location to be within 2.5 m of the pool structure



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Specific Land Use

c. the maximum permitted height is 1.5m

d. it is setback a minimum 900mm from the side boundary

e. it is setback a minimum of 1.8m from the waterway to allow for adequate

landscaping and to maintain a barrier non climbable zone

f. materials shall be of high quality, low reflectivity and open form, so as not to detract from the visual quality of the foreshore area or adversely impact on views.

2. In Sylvania Waters, the construction of a pool must not affect the stability of the seawall. Construction feasibility shall be verified by a suitably qualified engineer.

8.b.5 Additional Controls for Pools on Flood Prone Land

1. Swimming or other ornamental pools and associated structures shall not obstruct floodway.

2. Swimming or other ornamental pools and associated structures shall not be constructed over drainage easements without written Council approval.

3. The design and siting of swimming or other ornamental pools shall not exacerbate flooding in neighbouring properties; this includes land upstream and downstream from the subject site.

4. At no time may swimming or other ornamental pools be emptied into the stormwater

drainage network, watercourse or environment. Swimming or other ornamental pools may only be emptied to the sewer.

Note: The coping height of swimming or other ornamental pools should be sufficiently raised to minimise the risk of contamination by flood waters, while not obstructing floodways.

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