Sutherland Shire Local Environmental Plan 2015

The objectives of this clause are as follows—

to ensure adequate opportunities exist for the retention or provision of vegetation that contributes to biodiversity and, in the case of trees, enhances the tree canopy of Sutherland Shire,

to minimise urban run-off by maximising permeable areas on the sites of development,

to ensure that the visual impact of development is minimised by appropriate landscaping and that the landscaping is maintained,

to ensure that landscaping carried out in connection with development is sufficient to complement the scale of buildings, provide shade, screen parking areas and enhance workforce amenities.

This clause applies to land in the following zones—

Zone R2 Low Density Residential,

Zone R3 Medium Density Residential,

Zone R4 High Density Residential,

Zone E3 Productivity Support,

Zone E4 General Industrial,

Zone E5 Heavy Industrial,

Zone SP4 Enterprise,

Zone C3 Environmental Management,

Zone C4 Environmental Living,

Zone W4 Working Waterfront.

(Repealed)

The minimum percentage of the site area on land to which this clause applies that is to consist of landscaped areas is the percentage shown on the Landscape Area Map in relation to that land.

Despite subclause (3), development consent may be granted to development even though the percentage of the site consisting of landscaped areas is up to 5% less than the percentage shown on the Landscape Area Map in relation to the land if—

there is a tree on the site to which State Environmental Planning Policy (Biodiversity and Conservation) 2021, Part 2.3 applies, and

the consent authority is satisfied that—

the tree makes an important contribution to the character or amenity of the locality, or

the species of tree is indigenous to the local area and listed as a threatened species under the Threatened Species Conservation Act 1995, or

the tree is important habitat for native fauna, or

the tree is important to the maintenance of biodiversity in the environment of the locality, or

the tree is part of remnant bushland, or

the tree forms a notable visual element in the landscape of the locality, or

the tree is botanically unique in or rare to the local area (whether the species of tree is native or exotic).

Despite subclause (3), development consent may be granted to relevant development on land to which this clause applies, even though the percentage of the site area consisting of landscaped areas is less than the percentage shown on the Landscape Area Map in relation to the land if—

the development will not result in a reduction of the percentage of the site area consisting of landscaped areas, and

the consent authority is satisfied that—

the tree canopy on the site area is maintained or enhanced, and

the landscaped area is protected and enhanced, and

the development does not have an adverse effect on the landscape quality of the site.

In subclause (4A)—

the alteration of or addition to an existing dwelling house or any development ancillary to an existing dwelling house, or

signage, internal alteration or a change of use of a building on land in any of the following zones—

Zone E3 Productivity Support,

Zone E4 General Industrial,

Zone E5 Heavy Industrial,

Zone SP4 Enterprise,

Zone W4 Working Waterfront.

(Repealed)

Despite subclause (3), the minimum percentage of the site area on land in Zone R2 Low Density Residential that is to consist of landscaped areas is 25% if the development is for the purposes of a centre-based child care facility.

The minimum landscaped area for any lot of land to which this clause applies created by the subdivision of a lot containing a dual occupancy is the percentage shown on the Landscape Area Map in relation to the land.

Subclause (6) does not apply to a subdivision of land under the Community Land Development Act 1989 or the Strata Schemes (Freehold Development) Act 1973.

The following are taken to be excluded from the site area for the purposes of this clause—

land on which the development is prohibited under this Plan (other than land on which the development is prohibited solely because of the application of clause 6.9),

in the case of an internal lot—

any access corridor to or from the lot, and

any right of way that traverses another lot.