Planning Controls

The Burwood Local Environmental Plan (LEP) 2012 is Council’s principle planning document in respect of all land within the municipality of Burwood.

The Burwood LEP outlines the land uses which are permissible and prohibited in the relevant zones; sets out development standards (such as height of buildings and floor space ratios) and planning provisions.

The Burwood LEP came into force on 9 November 2012 and consists of two main parts, being the written instrument, and a series of maps. The Burwood LEP instrument and maps can be viewed on the Legislation NSW website here.

Employment Zones LEP Amendment

Employment zones commence within Burwood LEP on 26 April 2023. From 26 April 2023, in a document (other than a state environmental planning policy) a reference to a former zone under an environmental planning instrument is taken to include a reference to a new zone under the environmental planning instrument.

The translation of the Employment zones applying to the Burwood Local Government Area are as follows:

The NSW Planning Portal’s ePlanning Spatial Viewer provides key planning & development information in map format including but not limited to Floor Space Ratio (FSR), Height of Building, Heritage, Land Zoning, Minimum Lot Size and environmental protection affecting properties in New South Wales. Simply search for property in New South Wales by street address or Lot & DP/SP on the NSW Planning Portal.

The Burwood Development Control Plan (BDCP) details the various standards, policies and guidelines related to construction and development for the Burwood local government area (LGA). It applies to all the land located in the Burwood LGA in accordance with the Burwood Local Environment Plan 2012 Land Application Map and must be taken into account in determining development applications.

The new employment zones commence within Burwood LEP on 26 April 2023. From this date, a reference to a former business zone in Burwood DCP is taken to be the new employment zone as referenced in the table below:

The current Burwood Development Control Plan Amendment No.10 in force can be viewed here.

Burwood-Development-Control-Plan-Amendment-No.-10-Adopted-24.10.23-Effective-27.10.23.pdf(PDF, 23MB)

Site Specific DCP for 42-50 and 52-60 Railway Parade Burwood(PDF, 1006KB)

The Environmental Planning and Assessment Act 1979 as amended requires all councils of NSW to prepare a Community Participation Plan. This plan details how Council will undertake community participation when exercising planning functions, such as preparing a Local Environmental Plan or assessing a Development Application, under the Act.

The NSW Government has amended a number of Acts and issued Ministerial Orders to implement emergency measures as a result of the Covid-19 pandemic. One of the changes is that councils will not be required to display physical copies of planning documents at council facilities. These are now to be made available online through the NSW Planning Portal. A notation has been made inside the Community Participation Plan to alert the public to this change as the changes were effective immediately.

 Community Participation Plan.pdf(PDF, 4MB)   

 Exempt development

Certain minor building works to your house, shop or business can be carried out without a development application (DA) or a Complying Development Certificate (CDC) approval. This is called exempt development. Provided the proposed works are low impact and meet all relevant development standards (identified in the State Policy) a planning or building approval may not be needed. Provided they fully meet all of the requirements contained in the Code, examples of works that may be carried out as exempt development include but are not limited to:

• Fences 
• Awnings
• Decks
• Carports
• Patios and pergolas.
• Hardstand areas

Please visit the NSW Planning Portal’s Exempt Development for further information

The State Policy for exempt and complying development is contained within the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (the State Policy) available here.

Complying development
Complying development is a combined planning and construction approval for straightforward development that can be determined through a fast-track assessment by an accredited certifier. Complying development applies to homes, businesses and industry. Routine works that comply with the relevant development standards in the State Policy can save homeowners and businesses time and money. Approvals under the fast-track complying development pathway can be issued in as little as 20 days. For more detailed information about complying development, visit the NSW Planning Portal.

Please visit the NSW Planning Portal’s Complying Development for further information.

The State Policy for exempt and complying development is contained within the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (the State Policy) available here

The Burwood municipality has a rich and diverse heritage. Council seeks to protect the significance of Heritage Items and Heritage Conservation Areas such that these places continue to contribute to the character of the Burwood municipality.

Heritage Items and Heritage Conservation Areas are shown on the Heritage Map, which may be downloaded at the link below. The complete list of Heritage Items and Heritage Conservation Areas is contained in Schedule 5 of the Burwood Local Environmental Plan (BLEP) 2012.

A downloadable list of Heritage Conservation Areas is also provided at the link below.

• Owners Factsheet - Heritage Properties - Alterations and Additions(PDF, 6MB)
• Burwood Heritage Map(PDF, 2MB)
• Heritage Paint Scheme Factsheet(PDF, 557KB)
• Heritage Conservation Areas(PDF, 523KB)
• Tree Removal on a Heritage Property Form
• Tree Removal Form

Heritage Images for Hoarding Use

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The Low Rise Housing Diversity Code allows certain higher density residential development to be carried out under a fast track complying development approval, provided it fully meets all of the requirements contained in the Code, including: 

• Dual occupancies (attached and detached)
• Manor houses
• Multi-dwelling housing (terraces).

to be carried out as complying development provided the proposal meets the relevant development standards set out in the Low Rise Housing Diversity Code under the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (the Codes SEPP).

Please visit the NSW Planning Portal’s Low Rise Housing Diversity Code for further information

 The NSW Housing Code simplifies the planning process for new houses and alterations and additions to existing homes. It allows general home developments to be approved via an accredited certifier which can be issued within 20 days as complying development and is an alternative to the traditional, development application (DA) process. The Housing Code allows:

• the construction of a new single or two-storey home
• alterations and additions to a home
• attached development (including garages and balconies), and
• detached development (including detached garages and sheds) (see Division 4 of the Housing Code)

to be carried out as complying development provided the proposal meets the relevant development standards set out in the Housing Code under the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (the Codes SEPP), including maximum building height, minimum setbacks and minimum landscaping requirements.

Please visit the NSW Planning Portal’s Housing Code for further information. 

Disclaimer

Development of the Flood Identified Properties Map has relied on the draft flood studies undertaken by consultants commissioned by Council. While every effort has been made to ensure the accuracy and completeness of the data, no liability is taken by Council in regards to the quality (accuracy, completeness, currency) of the data. It is the responsibility of the user to check/verify that the quality of the data suits their individual purpose. Burwood Council does not provide any warranties, expressed or implied, for the data. This Flood Identified Properties Map is subject to Burwood Council Copyright.

 Flood Identification Map(PDF, 531KB)