Planning controls
There are controls and restrictions on what can be built in Bayside. These are outlined in our Development Control Plan and Local Environment Plan.
Local Environmental Plans
The Local Environmental Plan (LEP) is the key document used when considering planning and use of Bayside Council land, development issues, and permissible activities.
LEPs are supported by studies and strategies that analyse liveability issues such as housing, employment, transport, infrastructure, open space and recreation as well as environmental amenity.
The LEP outlines the local zoning and development controls that apply to a project.
View the Bayside LEP below:
Development Control Plans
Development Control Plans (DCPs) support the LEPs and define the accessibility, environmental performance, building form, and design standards for residential, business and commercial areas.
View the DCPs covering Bayside below:
State policies and legislation
Your project must comply with NSW State planning Acts, regulations and planning policies. These include, but are not limited to:
- NSW Environmental Planning and Assessment Act 1979 (EP&A Act, 1979)
- NSW Environmental Planning and Assessment Regulation 2000 (EP&A Regs 2000)
- NSW Local Government Act 1993
- State Environmental Planning Policies (SEPPs)
- Section 117 Ministerial Directions.
More information:
Physical constraints
There are a range of physical constraints related to the land, environment and climate. You will need to find out if your land is impacted by:
- acid sulphate soils
- sediment and soil erosion
- the Botany Sands Aquifier (groundwater less than 2m below ground level)
- climate change
- Sydney Airport height restrictions and noise exposure
- stormwater management
- flood management
- restrictions relating to Denison Street, Hillsdale
Online mapping tool
You can view the zones and controls that apply to your property on our online mapping tool.
Variations to Development Standards
Clause 4.6 request to vary development standards
Clause 4.6 of the Bayside Local Environment Plan 2021 allows variations to development standards subject to specific criteria.
Development consent cannot be granted for development that varies a development standard (such as building height or floor space ratio), unless accompanied by a written request from the applicant. The written request must justify the variation by demonstrating that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case, or that there are sufficient environmental planning grounds to justify the variation. The written request must adequately address the matters required by Clause 4.6 (3), and demonstrate that the proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out.
Variations to Development Standards Register
Council is required to maintain a register and report Clause 4.6 variations to the Department of Planning. The following Development Standards Variations (formerly SEPP 1) have been approved by Council: