Local Environmental Plans
A Local Environmental Plan (LEP) prepared under the State legislation - Environmental Planning and Assessment Act 1979, is a key tool used by Council to implement planning policies and directions.
The City of Botany Bays' current LEP, known as Botany Local Environment Plan 1995 (written instrument and map), came into effect on 30 June 1995.
The LEP, which contains land use and planning controls, assist in providing direction and guidance on growth and change within the City.
To download a copy of the consolidated Botany LEP 1995 please click here. Please refer to the Three Ports Amendment Note below before accessing the Botany LEP 1995.
Please refer to the Three Ports Amendment Note below before accessing the zoning map.
Three Ports Amendment Note
The Botany Local Environmental Plan 1995 does not apply to land affected by the provisions of the Three Ports Amendment to State Environmental Planning Policy (Major Development) 2005 which was gazetted on 24 July 2009. The land affected by the provisions of the Three Ports Amendment include the Banksmeadow Industrial Precinct, part of the Hillsdale Industrial area and part of the Hale Street Industrial Precinct as well as Foreshore Drive, Foreshore Beach and Port Botany. You are referred to State Environmental Planning Policy (Major Development) 2005, and in particular Schedule 3, Part 20 - Three Ports Site of that Policy for zoning, additional permissible uses and heritage listing. A copy of the Policy is available on the State Government's legislation website: www.legislation.nsw.gov.au
The various amendments that have been made to the Botany LEP 1995 are outlined below.
Draft and Gazetted Plans - October 2010
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Planning Instrument
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Resolution Date
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Purpose of the Plan
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Land to which plan applies
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Status
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Draft Botany Local Environmental Plan 1995 (Amendment No.1) |
31 October 1995 |
The draft plan aims to permit detached dual occupancy dwellings only when such dwellings would have direct frontage to a public road with a width of no less than 15m. |
This plan applies to all land zoned Residential 2(a). |
Superceded by SEPP 53 Note: City of Botany Bay is exempt from SEPP 53 |
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Draft Botany Local Environmental Plan 1995 (Amendment No.2) |
25 October 1995 |
The plan aims to rezone the subject land to Residential 2(a). |
This plan applies to 28 Spring Street and 29-31 Green Street, Botany. |
Plan did not proceed -directions from DUAP dated 7 December 1995. |
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Original - 22 May 1996 Amendment – 28/2/03 Amendment – 2/7/03 |
The plan aims to rezone the area bounded by Pemberton Street, Warrana and Wilson Streets, Botany to a part 2(b) Residential; and part 4(b1)Mixed Industrial – Restricted. |
This plan applies to land with frontages to Wilson Street and Pemberton Street, and between Botany Road and Warrana Street, Botany. |
Gazetted G.G.200 17/12/04 | |
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19 December 1995 Amended Resolution: 22 October 2003 |
The Plan aims to: a) To rezone land currently zoned under the County of Cumberland Planning Scheme Ordinance; b) To provide for the protection of wetlands and associated wetland vegetation, threatened species and endangered ecological communities within the City of Botany Bay through the introduction of a new open space zone which permits continued use of the land for existing recreational purposes; and d) To make additional uses permissible on certain land zoned for open space purposes. |
This Plan applies to: a. The Lakes Golf Course, Eastlakes Golf Course, Bonnie Doon Golf Course, Mutch Park, Astrolabe Park, and adjoining land, Mill Pond abutting Wentworth Ave known lot 1 in DP 780392 (proposed lot 3 in subdivision); lot 5 DP 780391; lot 4 DP 87663 (part Auto Con 8627-193); lot 6 DP 780391; lot 13 DP 87663 (part Auto Con 8627-193); and certificate of title references 1/780392, 2825/752015, 2473/52015, 1/1039418, 2/1039419, 2871/752015, 2870/752015, 3881/752015, 3882/752015, 1/1039419, 2/1039419, 1/241650, 2/854374 and 2/830181 as shown edged black on the map marked “Botany Local Environmental Plan 1995 (Draft Amendment No. 4) A”. b. The Sydney Water Depot, known as lot 1 in DP 780392 (proposed lot 2 in subdivision), as shown edged black on the map marked “Botany Local Environmental Plan 1995 (Draft Amendment No. 4) B”. c. The Gardens R Us Nursery at Gardeners Road, Eastlakes, lot 1 DP 780392 (proposed lot 1 in subdivision). |
Gazetted G.G.200 17/12/04 | |
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Draft Botany Local Environmental Plan 1995 (Amendment No.5) |
6 February 1996 |
This draft plan aims to amend Botany Local Environmental Plan 1995 by: (a) inserting in Schedule 1 to clause 7, a definition for “seaport related development”. (b) including in clause 10 the following zones: · Zone No. 4(c3) - Industrial Special - Seaport Related · Zone No. 4(c4) - Industrial Special – Seaport Related – Restricted. |
This plan applies to land zoned 4(a) under Botany LEP 1995 and the following land: a) The area generally bounded by Bay Street, Chegwyn Street, Folkestone Parade, and sewer line. b) The area generally bounded by Stephens Road, Denison Street, Wentworth Avenue, Corish Circle, Moolana Road, and Botany Rail Goods Line. c) The area generally bounded by Moolana Road, Botany Rail Goods Line, Beauchamp Road, Botany Road, and Stephens Road. |
Not proceeded with Council resolved on 28/08/03 not to proceed with the Draft LEP Amendment. Notice published on 9/9/03 of Council’s decision not to proceed. |
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Draft Botany Local Environmental Plan 1995 (Amendment No.6) |
18 June 1996 |
The draft plan aims to rezone the subject land to part Residential 2(a) and part Residential 2(b). The draft plan also aims to protect the heritage significance of the site. |
This plan applies to land known as 28 Spring Street, Botany. |
Draftplan was exhibited 11. 9.96 to 9.10.96. Draft plan was refused by DUAP |
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2 July 1996 |
This plan permits the use of 132 O’Riordan Street, Mascot, as a solicitor’s office. |
This plan applies to land known as Lot 1, DP 549033, being 132 O’Riordan Street, Mascot. |
Gazetted– G.G. 119, 7.11.97 |
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Draft Botany Local Environmental Plan 1995 (Amendment No.8) |
The plan permits development for general business purposes on the subject land. |
The plan applies to land at the corner of Wentworth Avenue and Dransfield Avenue Eastlakes known as Lot 6 DP 776212. |
The draft plan did not proceed, as Council did not adopt the draft plan at its meeting on 20.8.96. The draftplan has no legal status |
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6 August 1996 |
This plan rezones the subject land to part Residential 2(b) and part 4(c2) Industrial Special – Airport Related. |
This plan generally applies to land bounded by Baxter Road, Robey Street, Botany Road and O’Riordan Street. |
Gazetted– G.G. 63, 28.5.99 |
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4 October 1996 |
This plan permits the use of the “Bayview Tower” for general commercial purposes. |
This plan applies to land known as Lot Pt. Por. 5152; Lot C. DP. 340656; Lot 5153, DP. 753015; Lot 1, DP 777345, being 1753-1765 Botany Road, Banksmeadow (“Bayview Tower”) |
Gazetted– G.G. 161, 13.11.98 |
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15 July 1997 Adopted 19 December 2001 |
The plan rezones land to 10(a) Mixed Use (Residential/Commercial) and 10(b) Mixed Use (Commercial). Revised plan introduces an additional zone - 3(b) Business Restricted |
This plan applies to land bounded by O’Riordan Street, Kent Road, Coward Street and Gardeners Road, Mascot. The area is known as the Mascot Station Precinct |
Gazetted– G.G. 163, 4.10.02 |
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10 December 1996 |
This plan aims to rezone land identified in this plan to Residential 2(a). |
This plan applies to land on the southern side of Fabry Street and between Cranbrook Street and Tenterden Road, Botany, including 4 properties with frontage to Tenterden Road. |
Gazetted– G.G. 88, 8.8.97 |
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10 December 1996 |
The plan rezones land on the western side of Botany Road, between Robey Street and Baxter Road, to part General Business and part Open Space and Recreation. |
This plan applies to the land known as Lots 3-7 and 9 DP. 835673 being 990-1002 Botany Road, Mascot. |
Gazetted– G.G 90, 5.6.98 |
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24 June 1998 |
(i) The plan rezones two areas within the City to Residential 2(b) (ii) The plan replaces Clause 29 – Contaminated Land. |
This plan applies: (i) to the area of land generally bounded by Sandgate Street, Chelmsford Avenue, The Esplanade and Folkestone Parade, Botany and: (ii) to the area generally bounded by Myrtle Street, Bay Street and Jasmine Street, Botany Note: the area bound by High Street, Robey Street, O’Riordan Street and Botany Road, Mascot, was excluded from this plan |
Gazetted– G.G 196, 21.12.01 |
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4 February 1997 |
This plan permits the use of part of 283 Coward Street, Mascot, for the purpose of a materials recycling yard. |
The plan applies to land known as Lot 105 DP. 253766 and Lot 1 DP. 502438, being 283 Coward Street, Mascot. |
Gazetted– G.G. 32, 12.3.99 |
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8 April 1997 |
This plan aims to allow use of the subject land for the purpose of a dwelling house. |
This plan applies to Lot D, DP. 313195 being 1533 Botany Road, Botany. |
Gazetted – G.G. 87, 29.5.98 |
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22 November 2000 |
This plan aims to introduce new land use activities in the 4(b) and 4(c2) zone and amend cl. 17 –Development in Industrial Zones (exhibited 12.9.00 to 25.10.00) |
This plan applies to land zoned Industrial 4(a), 4(b) 4(c1) and 4(c2) |
Gazetted– G.G.120, 03.08.01 |
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11 June 1998 |
This plan aims to incorporate an appropriate list of types of developments that fall into the exempt and complying development categories. |
This plan applies to all land within the City of Botany Bay. |
Gazetted- G.G. 29, 25.2.00 |
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Draft Botany Local Environmental Plan 1995 (Amendment No. 19) |
15 July 1997 |
This draft plan aims is to introduce appropriate incentive clauses in respect of all development within land currently zoned General Business 3(a) and land which enjoys existing use rights for shopping and retail activities as determined by Council. |
This plan applies to all land zoned General Business 3(a), and all land that is occupied by, and enjoys existing use rights for, shopping and commercial activities within the City of Botany Bay. |
Draftplan still under preparation. The draft plan has no legal status. Review in Progress Subject to commercial centres study & LEP |
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25 September 1998 |
This plan identifies a number of heritage items and a conservation area and introduces provisions to encourage the heritage conservation and protection of the Council area. |
This plan applies to land being: (a) the heritage items numbered L-177 identified in Schedule 3 of the LEP (b) The heritage conservation area - Botany Township. |
Gazetted- G.G. 29, 25.2.00 |
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23 February 1999 |
This plan aims: (a) to rezone the subject land to Industrial 4(c2) – Airport Related – Restricted; and (b) to include a new clause in the LEP to require a 10m- building setback from Alexander Canal for properties with direct frontage to the Canal. |
This plan applies to land bounded by Alexander Canal, Coward Street, Kent Road and Gardeners Road, Mascot and Nos. 243-259 Coward Street, Mascot. |
Gazetted- G.G. 29, 25.2.00 Note: DUAP deferred the rezoning of the land bounded by Alexander Canal, Coward Street, Kent Road and Gardeners Road, Mascot. The Alexandra Canal provisions were deleted from the Plan. Please refer to Botany Local Environmental Plan 1995 (Amendment No. 29) |
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22 February 2000 |
The plan rezones a small parcel of Council owned land to residential 2(a) and reclassifies the land from community to operational. Draft plan was exhibited 25.5.00 to 21.6.00 |
The plan applies to Lot 50 DP88065 Banksia Rd – adjoining 76 Ocean St |
Gazetted– G.G. 159, 8.12.2000 |
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Draft Botany Local Environmental Plan 1995 (Amendment No. 23) |
22 February 2001 |
This plan aims to protect the structure and integrity of the Airport Line Tunnel and to ensure development within the vicinity of the Airport Line Tunnel is designed and constructed in an appropriate manner. |
This plan applies to land within 25 m of the centre line of the Airport Line Tunnel. |
DraftPlan didnot proceed dueto an objection from DUAP. Provisions placed in DCP No. 24 – Notification of DAs. |
| Botany Local Environmental Plan 1995 (Amendment No.24) |
May 2001 |
The plan has been prepared pursuant to the Ministerial direction in relation to acid sulfate soils dated 30 November 1998. The draft plan has been prepared to provide environmental planning controls that will result in the management of any disturbance to acid sulfate soils in the City of Botany Bay so as to minimise impacts on the natural environment and urban infrastructure activities; |
The plan applies to all land identified on the map titled Acid Sulfate Soil Planning Map |
Gazetted – G.G. 132, 29th August 2003 |
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April 2002 |
The plan proposes to amend Schedule 2 to permit the occupation of the subject land for commercial uses not related to Port Botany. |
The plan applies to Unit 21, 1801 Botany Road, Banksmeadow, Lot 1 DP.873898 |
Gazetted - G.G. 154, 26/09/03. |
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1 May 2002 |
The plan amends Schedule 2 to permit caretaker’s residence to occupy part of the site – in conjunction with a primary industrial use. The plan introduces the definition of caretaker’s residence and amend Item 70 in Schedule 3 to relate to the palms only. |
This plan applies to 23 Brynes Street, Botany – Lot 1 DP.169307 |
Gazetted – G.G. 39, 07.02.03 |
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| Botany Local Environmental Plan 1995 (Amendment No.27) |
1 May 2002 |
The plan rezones the subject land to part Business General 3(a) and part Special Uses 5(a) – Road Widening. |
The plan relates to Lots 13 and 17 in DP.836735, being, 1 Robey Street and a Council laneway – Road 244. |
Gazetted – G.G. 25, 24.01.03 |
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28 August 2002 |
The plan proposes to amend the Botany LEP 1995 so as to improve the interpretation of provisions and ensure/introduce more effective planning controls. |
The plan applies to all land within the City of Botany Bay. |
Gazetted - G.G 84, 30.06.06 |
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23 February 1999 (as part of resolution to prepare LEP No. 21) |
The plan rezones the Deferred Area under Botany LEP 1995 Amendment No. 21 from 4(a) to 4(c2). |
The plan applies to land bounded by Alexandra Canal, Gardeners Road, Kent Road and Coward Street, Mascot. |
Gazetted – G.G. 33, 31.01.03 |
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Resolution to prepare – 22/11/02 |
The plan aims to amend Clause 10A of the Botany LEP 1995 as part of the review of the Exempt and Complying DCP. |
This plan applies to all land within the City of Botany Bay. |
Gazetted – G.G. 179, 14.11.03 |
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Draft Botany Local Environmental Plan 1995 (Amendment No. 31) |
Resolution to prepare – 22/11/02 |
The draft plan aims to rezone the shoreline and the Penrhyn Inlet to an environmental protection zone. |
The plan applies to land at the Botany shoreline and Penrhyn Inlet on Botany Bay, which is located between the Airport and Port Botany. |
Section 54(4) Report referred to PlanningNSW. Section 62 Consultation completed. DIPNR advised by letter dated 10/6/03 to defer until release of the Botany Bay Strategy. |
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Resolution to prepare – 22/11/02 Amended resolution – 26/11/03 |
The Plan aims to: · To amend the map to rezone the land zoned Residential 2 (b) in the Daceyville Garden Suburb Heritage Conservation Area to Residential 2(a); · To alter the Heritage Conservation Area Boundary to include the Federation Period cottages located at 59-65 Gardeners Road, 1 Astrolabe Road and 2 Isaac Smith Street, Daceyville; · To introduce more effective planning controls within Daceyville Garden Suburb in order to ensure adequate heritage protection is given to all the culturally significant items within the Daceyville Area Boundary; and · To ensure future development in the Daceyville Garden Suburb Heritage Conservation Area contributes positively to the heritage and social quality of the area. |
The plan applies to land within the suburb of Daceyville. |
Gazetted - G.G. 36, 24.04.05 | |
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Botany Local Environmental Plan 1995 (Amendment No. 33)
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Resolution date to prepare – 04/07/03 |
The plan aims to insert more criteria into Clause 12(2). |
Residential (2b) zones. |
Gazetted – G.G. 63, 26.03.04 |
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Draft Botany Local Environmental Plan 1995(Amendment No. 34) |
06/08/03 – resolution to prepare |
To insert in Schedule 2 – Development for Certain additional purposes to the Botany LEP 1995 the use “retail plant nursery and associated retail facilities” as being a permissible use with prior Council consent on Lot B in DP.402249 and Lot 1 in DP.784515, being 84A Wentworth Avenue, Mascot. |
84A Wentworth Avenue, Mascot. |
Minister decided not to proceed with draft plan under Section 70(1)(c) of the EP&A Act 1979 - 24 February 2006. |
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Draft Botany Local Environmental Plan 1995(Amendment No. 35) |
12/05/04 – resolution to prepare |
To rezone no. 32 Page Street Banksmeadow (known as the former Electrolux site), being Lot 201 in DP. 788578 to Residential 2(b) under Botany LEP 1995 |
No. 32 Page Street Banksmeadow (known as the former Electrolux site), being Lot 201 in DP. 788578. |
Section 54 Notice to DIPNR – 24/5/04 |
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12/05/04 – resolution to prepare |
The plan aims to amend Clause 10A of the Botany LEP 1995 as part of the review of the Exempt and Complying DCP. |
This plan applies to all land within the City of Botany Bay. |
Gazetted - G.G. 73, 17.06.05 |
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| Botany Local Environmental Plan 1995 (Amendment No. 37) |
03/08/05 - resolution to prepare |
This plan aims to:
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The plan applies to Zone Nos. 10(a) and 10(b) in the Mascot Station Precinct |
Gazetted - G.G.45, 30.03.07 |
| Draft Botany Local Environmental Plan 1995 (Amendment No. 38) |
03/08/05 - resolution to prepare |
This plan aims to remove No. 33 Cranbrook Street, Botany, from the Heritage Schedule |
This plan applies to No. 33 Cranbrook Street, Botany. |
Department of Planning advised by letter dated 1.5.06 that plan will not proceed |
| Botany Local Environmental Plan 1995 (Amendment No. 39) |
01/02/06 - resolution to prepare |
The plan aims to rezone 25 Carinya Avenue, Mascot to Residential 2(a); rezone 14-20 Hughes Avenue, Mascot Residential 2(a); and rezone 17-23 Hughes Avenue to Open Space and Recreation 6(a) | This plan applies to 25 Carinya Avenue, Mascot; 14-20 Hughes Avenue, Mascot; and 17-23 Hughes Avenue. | Gazetted - GG 94 27.07.07 |
| Botany Local Environmental Plan 1995 (Amendment No. 40) |
07/06/06 |
To insert in Schedule 2: Land, being Lot B, DP.402249 and Lot 1, DP.784515, known as 84A Wentworth Avenue, Mascot, as shown edged heavy black on the map marked "Botany Local Environmental Plan 1995 (Amendment No. 40)" - retail plant nursery. | This plan applies to Lot B, DP.402249 and Lot 1, DP.784515, known as 84A Wentworth Avenue, Mascot. | Gazetted - GG 36, 02.03.07 |
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Insert at the end of the Schedule: Land at Hillsdale, being Lot B, DP 406437 and Lot 7, DP 24380, known as 148 Denison Street; Lots 6 and 7, DP 22617, known as 45 Smith Street; Lot A, DP 24380, Lots 1–6, DP 24380, Lot B, DP 323369 and Lots 1–4, DP 373787, known as 49 Smith Street; Lots 3–5, DP 22617, known as 51–55 Smith Street; Lot 2, DP 22617, Lot 9, DP 24380 and Lot 1, DP 660951, known as 57 Smith Street—hardware and building supplies, with a maximum building height of 19 metres from natural ground level and all access to and from the site restricted to Denison Street, Hillsdale. |
Gazetted - GG 123, 29/10/10 (Amendment to Botany LEP 1995 was made under SEPP (Major Development) Amendment (Port Botany) 2010) |