2000
2000
2003-11-14
act
publicspecial
act.reprint
allinforce
none
act-2000-029
3994dcf9-c068-46e2-a70e-397c7ea46573
49968b4f-e8e9-4355-b202-0aacdaa7bf1e
See
also:
Statute Law (Miscellaneous Provisions)
Bill (No 2) 2003
An Act to amend the Environmental Planning and Assessment Act
1979 to make further provision for affordable housing; to
make or validate certain instruments and to validate other matters relating to
affordable housing; and for other purposes.
1Name of
Act
This Act is the Environmental
Planning and Assessment Amendment (Affordable Housing) Act
2000.
2Commencement
This Act commences on the date of
assent.
3Interpretation
(1)
The Environmental
Planning and Assessment Act 1979 is referred to in this
Act as the Principal Act.
(2)
References in this Act to anything done include
references to anything purporting to have been done.
4Amendment of Environmental Planning and Assessment Act 1979 No
203
The Principal Act is amended as set out in
Schedule 1.
5General
validation
Anything:
(a)
that was done or omitted to be done before the
commencement of this Act, and
(b)
that would have been lawful if the Principal Act,
as amended by:
(i)
Schedule 1 to the Environmental
Planning and Assessment Amendment Act 1999,
and
(ii)
Schedule 1 [1] to this
Act,
had been in force when the thing was done or omitted to
be done,
is as valid as it would have been had that Act, as so
amended, been in force when the thing was done or
omitted.
6Validation of certain
affordable housing schemes
Schedule 2 has effect.
7Future application of certain
affordable housing schemes
(1)
The following provisions, as validated by this
Act, are taken to be repealed on the second anniversary of the date of assent
to this Act unless sooner repealed by an environmental planning
instrument:
(a)
Part 4 of Sydney Regional
Environmental Plan No 26—City
West,
(b)
Division 3 of Part 4 of South
Sydney Local Environmental Plan 1998,
(c)
clause 25B of Willoughby Local
Environmental Plan 1995,
(d)
the provisions of the section 94 contributions
plans validated by Schedule 2.4–2.6.
(2)
If a provision referred to in subsection (1)
(a)–(d) applies to a development application when the application is
made, the provision continues to apply to that application until the
application is finally determined.
(3)
Sections 94F and 94G of the Principal Act, as
inserted by this Act, do not apply to a development application to which a
provision referred to in subsection (1) (a)–(d)
applies.
8Amendment or repeal of
validated provisions
Except as provided by section 7, nothing in this
Act prevents or restricts the amendment or repeal of any provision of an
environmental planning instrument validated by this
Act.
9Compensation
To remove any doubt, the Land
Acquisition (Just Terms Compensation) Act 1991 does not
apply to anything done or required to be done pursuant to a consent granted
before or after the commencement of this Act in accordance with a provision
referred to in section 7 (1) (a), (b) or (c).
Schedule 1Amendment of Environmental Planning and Assessment Act
1979
(Section 4)
[1]Section 26 Contents of
environmental planning instruments
Omit section 26 (1) (d). Insert instead:
(d)
providing, maintaining and retaining, and
regulating any matter relating to, affordable
housing,
[2]Section 80A Imposition of
conditions
Insert “or 94F” after “section
94” in section 80A (1) (h).
[3]Part 4, Division 6A (sections
94F and 94G)
Insert after section 94E:
Division 6AConditions requiring land or
contributions for affordable housing
94FConditions requiring land or
contributions for affordable housing
(1)
This section applies with respect to a
development application for consent to carry out development within an area if
a State environmental planning policy identifies that there is a need for
affordable housing within the area and:
(a)
the consent authority is satisfied that the
proposed development will or is likely to reduce the availability of
affordable housing within the area, or
(b)
the consent authority is satisfied that the
proposed development will create a need for affordable housing within the
area, or
(c)
the proposed development is allowed only because
of the initial zoning of a site, or the rezoning of a site,
or
(d)
the regulations provide for this section to apply
to the application.
(2)
Subject to subsection (3), the consent authority
may grant consent to a development application to which this section applies
subject to a condition requiring:
(a)
the dedication of part of the land, or other land
of the applicant, free of cost to be used for the purpose of providing
affordable housing, or
(b)
the payment of a monetary contribution to be used
for the purpose of providing affordable housing,
or both.
(3)
A condition may be imposed under this section
only if:
(a)
the condition complies with all relevant
requirements made by a State environmental planning policy with respect to the
imposition of conditions under this section, and
(b)
the condition is authorised to be imposed by a
regional environmental plan or local environmental plan, and is in accordance
with a scheme for dedications or contributions set out in or adopted by such a
plan, and
(c)
the condition requires a reasonable dedication or
contribution, having regard to the following:
(i)
the extent of the need in the area for affordable
housing,
(ii)
the scale of the proposed
development,
(iii)
any other dedication or contribution required to
be made by the applicant under this section or section
94.
(4)
A consent authority that proposes to impose a
condition in accordance with this section must take into consideration any
land or other sum of money that the applicant has previously dedicated free of
cost, or previously paid, for the purpose of affordable housing within the
area otherwise than as a condition of a consent.
(5)
Nothing in this section prevents the imposition
on a development consent of other conditions relating to the provision,
maintenance or retention of affordable housing. Such conditions may require,
but are not restricted to, the imposition of covenants (including positive
covenants) or the entering into of contractual or other
arrangements.
94GProvision of affordable
housing
(1)
Land dedicated in accordance with a condition
imposed under this Division must:
(a)
be made available by the consent authority for
the purposes of affordable housing within a reasonable time,
or
(b)
be transferred by the consent authority in
accordance with any applicable direction under subsection
(3).
(2)
A consent authority must:
(a)
hold any monetary contribution paid in accordance
with a condition imposed under this Division (and any additional amount earned
from its investment) for the purpose for which the payment was required and
apply the money for the purposes of affordable housing in the area or an
adjoining area within a reasonable time, or
(b)
pay the monetary contribution in accordance with
any applicable direction under subsection (3).
(3)
The Minister may give a direction, that applies
generally or in any particular case or class of cases, to a consent
authority:
(a)
requiring it to transfer land to a person
nominated by the Minister, if it imposes a condition under this Division
requiring dedication of the land, or
(b)
requiring it to pay a monetary contribution to a
person nominated by the Minister, if it imposes a condition under this
Division requiring the payment of the monetary
contribution.
(4)
A person nominated under this section by the
Minister must:
(a)
make available any land transferred to the person
under this Division for the purposes of affordable housing within a reasonable
time, and
(b)
apply any monetary contribution paid to the
person under this Division (and any additional amount earned from its
investment) for the purposes of affordable housing in the area concerned or in
an adjoining area within a reasonable time.
Schedule 2Validation of affordable
housing schemes
(Section 6)
2.1Green Square affordable
housing scheme
(1)
The instrument set out in Schedule 3 is
taken:
(a)
to have been duly made in accordance with the
Principal Act as a local environmental plan, and
(b)
to have been duly published in accordance with
the Principal Act on 28 May 1999, and
(c)
to have commenced on 28 May
1999.
(2)
The instrument cited as South Sydney City
Council Green Square Affordable Housing Development Control Plan, as
approved by South Sydney City Council on 10 February 1999, is taken:
(a)
to have been duly made and approved in accordance
with the Principal Act as a development control plan, and
(b)
to have had effect on and from 28 May
1999.
(3)
Without limiting subclauses (1) and (2) or
section 5, anything done or omitted to be done on or after 28 May 1999 and
before the commencement of this Act (including the granting of a development
consent) is as valid as it would have been had the instrument set out in
Schedule 3 and the development control plan referred to in subclause (2) been
in force when the thing was done or omitted.
2.2City West affordable housing
scheme
(1)
The instrument cited as Sydney Regional
Environmental Plan No 26—City West (Amendment No 4—Affordable
Housing) and published in Gazette No 23 of 3 March 1995 at
pages 1123–1131 is taken:
(a)
to have been duly made in accordance with the
Principal Act as a regional environmental plan, and
(b)
to have been duly published in accordance with
the Principal Act on 3 March 1995, and
(c)
to have commenced on 3 March
1995.
(2)
The instrument cited as Revised City West
Housing Program, as adopted by the Minister on 21 July 1996, is
taken:
(a)
to have been duly adopted as an official program
for the purposes of Part 4 of Sydney Regional Environmental
Plan No 26—City West, and
(b)
to have had effect on and from 21 July
1996.
(3)
Without limiting subclauses (1) and (2) or
section 5, anything done or omitted to be done on or after 3 March 1995 and
before the commencement of this Act (including the granting of a development
consent) is as valid as it would have been had the regional environmental plan
referred to in subclause (1) and the official program referred to in subclause
(2) been in force when the thing was done or omitted.
2.3St Leonards affordable housing
scheme
(1)
The instrument cited as Willoughby Local
Environmental Plan 1995 (Amendment No 21) and published in
Gazette No 137 of 3 December 1999 at pages 11714–11720 is taken:
(a)
to have been duly made in accordance with the
Principal Act as a local environmental plan, and
(b)
to have been duly published in accordance with
the Principal Act on 3 December 1999, and
(c)
to have commenced on 3 December
1999.
(2)
The instrument titled Willoughby Development
Control Plan No 23—Willoughby Local Housing Program, as approved by
Willoughby City Council on 8 March 1999 is taken:
(a)
to have been duly made and approved in accordance
with the Principal Act as a development control plan, and
(b)
to have had effect on and from 3 December
1999.
(3)
Without limiting subclauses (1) and (2) or
section 5, anything done or omitted to be done on or after 3 December 1999 and
before the commencement of this Act (including the granting of a development
consent) is as valid as it would have been had the local environmental plan
referred to in subclause (1) and the development control plan referred to in
subclause (2) been in force when the thing was done or
omitted.
2.4North Sydney affordable
housing contributions plan
(1)
The provisions of the instrument titled North
Sydney Council Section 94 Contributions Plan—Affordable Housing, as
approved by North Sydney Council on 13 November 1995, are taken:
(a)
to have been duly made under the Principal Act
and approved in accordance with that Act as provisions of a contributions
plan, and
(b)
to have had effect on and from 13 November
1995.
(2)
Without limiting subclause (1) or section 5,
anything done or omitted to be done on or after 13 November 1995 and before
the commencement of this Act (including the granting of a development consent)
is as valid as it would have been had the provisions referred to in subclause
(1) been in force when the thing was done or omitted.
2.5Provisions of Randwick
affordable housing contributions plan
(1)
The provisions set out on pages 29 and 30 (headed
“Loss of Affordable Housing”) of the instrument titled Randwick
City Council Section 94 Contributions Plan and known as Policy No 6.01.30,
as approved by Randwick City Council on 20 August 1999, are taken:
(a)
to have been duly made under the Principal Act
and approved in accordance with that Act as provisions of a contributions
plan, and
(b)
to have had effect on and from 20 August
1999.
(2)
Without limiting subclause (1) or section 5,
anything done or omitted to be done on or after 20 August 1999 and before the
commencement of this Act (including the granting of a development consent) is
as valid as it would have been had the provisions referred to in subclause (1)
been in force when the thing was done or omitted.
2.6Provisions of Waverley
affordable housing contributions plan
(1)
The provisions of Part 5 (Loss of Affordable
Housing) of the instrument titled Waverley Council Section 94 Contributions
Plan, as approved by Waverley Council on 22 September 1998, are
taken:
(a)
to have been duly made under the Principal Act
and approved in accordance with that Act as provisions of a contributions
plan, and
(b)
to have had effect on and from 22 September
1998.
(2)
Without limiting subclause (1) or section 5,
anything done or omitted to be done on or after 22 September 1998 and before
the commencement of this Act (including the granting of a development consent)
is as valid as it would have been had the provisions referred to in subclause
(1) been in force when the thing was done or omitted.
Schedule 3Green Square local
environmental plan
(Schedule 2.1)
South Sydney Local
Environmental Plan 1998 (Amendment No 6)—Green
Square
1Name of
plan
This plan is the South Sydney Local Environmental Plan
1998 (Amendment No 6)—Green
Square.
2Land covered by this
plan
(1)
This plan applies to the part of the Green Square
redevelopment area shown coloured on the map marked “South Sydney Local Environmental Plan 1998
(Amendment No 2)—Green Square—Zoning”
deposited in the office of South Sydney City Council.
(2)
However, this plan does not apply to the land
identified on that map as “deferred matter”.
3Aims of this
plan
The aims of this plan are:
(a)
to capitalise on the strategic location of Green
Square in the City South Region, and
(b)
to maximise the use of the new Green Square
Railway Station and the New Southern Railway infrastructure,
and
(c)
to provide opportunities for the redevelopment of
industrial land for a range of residential and business land uses,
and
(d)
to establish the planning principles and
integrated planning controls which seek to achieve the vision for Green Square
set out in the Green Square Structural Masterplan which is available for
inspection at the office of South Sydney City Council, and
(e)
to encourage a variety of housing types and
tenures (including affordable housing) to accommodate a range of income groups
close to employment and services, and
(f)
to ensure that low to moderate income households
can live in Green Square through requiring development to provide an
appropriate proportion of affordable housing, and
(g)
to facilitate the development of a vibrant and
sustainable community, which is based on accessibility, reduced car
dependence, a mix of land uses, friendly and safe streets, high quality public
domain and active commercial centres, and
(h)
to protect the amenity of the existing
residential communities around Green Square, and
(i)
to reinforce the focal role of the Green Square
Railway Station through the establishment and support of an active commercial
and residential core within walking distance from the Station,
and
(j)
to protect the integrity of adjoining land zoned
for industrial purposes, and
(k)
to ensure the planning, assessment and
implementation of development in Green Square draws on an equal and integrated
consideration of social, environmental, economic and urban design
issues.
4Relationship to other
plans
This plan amends:
(a)
South Sydney Local Environmental
Plan 1998 as set out in Schedule 1,
and
(b)
City of Sydney Planning Scheme
Ordinance and South Sydney
Local Environmental Plan No 114 (Southern Industrial and Rosebery/Zetland
Planning Districts) as set out in Schedule
2.
Schedule 1Amendment of South Sydney Local Environmental Plan
1998
(Clause 4 (a))
[1]Clause 9 Zones indicated on
the map
Insert at the end of clause 9:
Zone No 10 (a) Mixed Uses “A”
Zone
Zone No 10 (b) Mixed Uses “B” Zone
Zone No 10 (c) Mixed Uses “C” Zone
Zone No 10 (d) Mixed Uses “D”
Zone
[2]Clause 15 Zoning controls for
Zone No 5—the Special Uses Zone
Insert at the end of clause 15 (1) (c):
, and
(d)
for land in the zone and within Green Square, in
addition to the above:
(i)
to reflect and reinforce the need for proper
recognition of community land and facilities as part of a robust public domain
in the Green Square locality, and
(ii)
to recognise that protecting and improving the
quality, accessibility and impact of the public domain makes a fundamental
contribution to the social, economic, environmental and urban design outcomes
for the area, and
(iii)
to ensure that development contributes to a
sustainable, vibrant community, and reflects equal and integrated
consideration of social, economic and environmental design
issues.
[3]Clause 16 Zoning controls for
Zone No 6 (a)—the Local Recreation Zone
Insert at the end of clause 16 (1) (e):
, and
(f)
for land in the zone and within Green Square, in
addition to the above, to ensure that development contributes to a
sustainable, vibrant community, and reflects equal and integrated
consideration of social, economic and environmental design
issues.
[4]Clauses
21A–21D
Insert after clause 21:
21AZoning controls for Zone No 10
(a)—the Mixed Uses “A” Zone
(1)What are the objectives of the
zone?
The objectives of Zone No 10 (a) are:
(a)
to protect and enhance the historical character
and amenity of the existing residential neighbourhoods within Green Square,
and
(b)
to identify those localities which are primarily
residential and where in future primarily residential infill development is to
occur, and
(c)
to ensure that building form, including
alterations and additions, is in character with the surrounding built
environment and does not detract from the amenity and environmental quality
enjoyed by nearby residents, and
(d)
to allow up to 15% non-residential uses on each
development site, and
(e)
to offer limited opportunities for
non-residential development, which provides goods, services or employment for
residents and is of a type and scale that is compatible with existing or
planned residential development and does not detract from the amenity and
environmental quality enjoyed by nearby residents, and
(f)
to minimise any adverse impact, including social
impact, on residential amenity by devising appropriate design assessment
criteria and applying specific impact mitigation requirements by the use of
development control plans, and
(g)
to ensure that development contributes to a
sustainable, vibrant community, and reflects equal and integrated
consideration of social, economic and environmental design
issues.
(2)What does not require
consent?
Development for the purpose of:
home businesses, minor building
works.
(3)What requires development
consent?
Development for the purpose of:
bed and breakfasts, boarding houses, child care
centres, commercial signs*, community centres, dwelling houses, educational
establishments, home industries, hospitals, local businesses, local shops,
multiple dwellings, non-structural advertisements*, places of public worship,
professional consulting rooms, public buildings, restaurants, roads, under
awning signs*.
(4)What is
prohibited?
Development not included in subclause (2) or
(3).
Note—
* Refer to Part 5 (Performance based exemptions)
to determine whether you need to obtain development
consent.
21BZoning controls for Zone No 10
(b)—the Mixed Uses “B” Zone
(1)What are the objectives of the
zone?
The objectives of Zone No 10 (b) are:
(a)
to provide urban housing and a range of
compatible vibrant non-residential uses, such as shops, offices, retail and
studio-type workshops, and
(b)
to promote mixed use planning by encouraging the
location of facilities such as housing, places of employment and shops in
close proximity to each other and so as to be accessible by public transport,
and
(c)
to allow up to 25% non-residential uses on each
development site, and
(d)
to ensure non-residential uses are
environmentally compatible with residential uses, and do not adversely affect
residential amenity, within the zone, and
(e)
to minimise any adverse impact, including social
impact, on residential amenity by devising appropriate design assessment
criteria and applying specific impact mitigation requirements by the use of
development control plans, and
(f)
to ensure that the nuisance generated by
non-residential development, such as is caused by operating hours, noise, loss
of privacy, vehicular and pedestrian traffic or other factors, is controlled,
so as to preserve the quality of life for residents in the area,
and
(g)
to ensure that development contributes to a
sustainable, vibrant community, and reflects equal and integrated
consideration of social, economic and environmental design
issues.
(2)What does not require
development consent?
Development for the purpose of:
home businesses, minor building
works.
(3)What requires development
consent?
Development for the purpose of:
backpackers’ hostels, bed and breakfasts,
boarding houses, commercial premises, commercial signs*, community centres,
dwelling houses, educational establishments, high technology industries, home
industries, hospitals, hotels, light industries, local businesses, multiple
dwellings, non-structural advertisements*, places of assembly, places of
public worship, private hotels, professional consulting rooms, public
buildings, roads, recreation areas, recreation facilities, restaurants,
serviced apartments, shop, under awning signs*.
Any other development not included in subclause
(2).
Note—
* Refer to Part 5 (Performance based exemptions)
to determine whether you need to obtain development
consent.
21CZoning controls for Zone No 10
(c)—the Mixed Uses “C” Zone
(1)What are the objectives of the
zone?
The objectives of Zone No 10 (c) are:
(a)
to promote mixed use development in the Green
Square Centre by encouraging urban housing in conjunction with appropriate
business activities which contribute to economic growth and employment
opportunities, and
(b)
to require the provision of a minimum of 25%
non-residential uses on each development site, and
(c)
to promote the vitality of the public domain by
encouraging the location of active retail and entertainment uses at ground
level, particularly in areas fronting the Green Square Railway Station,
and
(d)
to ensure through the design of a high quality
public domain that a high level of amenity is provided for pedestrians,
shoppers and workers within the zone, and
(e)
to minimise any adverse impact, including social
impact, on residential amenity by devising appropriate design assessment
criteria and applying specific impact mitigation requirements by the use of
development control plans, and
(f)
to ensure that the nuisance generated by
non-residential development, such as is caused by operating hours, noise, loss
of privacy, vehicular and pedestrian traffic or other factors, is controlled
so as to preserve the quality of life for residents in the area,
and
(g)
to ensure that development contributes to a
sustainable, vibrant community, and reflects equal and integrated
consideration of social, economic and environmental design
issues.
(2)What does not require
development consent?
Development for the purpose of:
home businesses, minor building
works.
(3)What requires development
consent?
Development for the purpose of:
advertising structures, backpackers’
hostels, bed and breakfasts, boarding houses, clubs, child care centres,
commercial premises, commercial signs*, community centres, dwellings attached
to, or within, a building used or intended to be used for a land use which is
permissible within the zone, educational establishments, high technology
industries, home industries, hotels, light industries, local businesses,
medical centres, multiple dwellings, non-structural advertisements*, places of
assembly, places of public worship, private hotels, public buildings,
recreation areas, recreation facilities, restaurants, roads, serviced
apartments, shops, under awning signs*.
Any other development not included in subclause
(2).
Note—
* Refer to Part 5 (Performance based exemptions)
to determine whether you need to obtain development
consent.
21DZoning controls for Zone No 10
(d)—the Mixed Uses “D” Zone
(1)What are the objectives of the
zone?
The objectives of Zone No 10 (d) are:
(a)
to establish a predominantly employment based
zone while allowing not more than 15% residential use of each development
site, but only if it supports those employment uses, and
(b)
to encourage appropriate business activities
which contribute to economic growth and employment opportunities within the
Green Square area, and
(c)
to promote the vitality of the public domain by
encouraging the location of active retail and entertainment uses at ground and
first floor levels, particularly in areas fronting the Green Square Railway
Station, and
(d)
to ensure through the design of a high quality
public domain that a high level of amenity is provided for pedestrians,
shoppers and workers within the zone, and
(e)
to minimise any adverse impact, including social
impact, on residential amenity by devising appropriate design assessment
criteria and applying specific impact mitigation requirements by the use of
development control plans, and
(f)
to ensure that existing and future development on
land zoned industrial under this plan is preserved and promoted so as to
protect the existing employment within South Sydney, and
(g)
to ensure that development within the zone
contributes to a sustainable, vibrant community, and reflects equal and
integrated consideration of social, economic and environmental design
issues.
(2)What does not require
development consent?
Development for the purpose of:
home businesses, minor building
works.
(3)What requires development
consent?
Development for the purpose of:
advertising structures, amusement centres,
backpackers’ hostels, bed and breakfasts, car repair stations, child
care centres, clubs, commercial premises, commercial signs*, community
centres, dwellings used in conjunction with and attached to a building used or
intended to be used for a land use which is permissible within the zone,
educational establishments, high technology industries, home industries,
hospitals, hotels, light industries, local businesses, medical centres,
motels, motor showrooms, multiple dwellings used in conjunction with and
attached to, or within a building used or intended to be used for, a land use
which is permissible within the zone, non-structural advertisements*,
passenger transport terminals, places of assembly, places of public worship,
private hotels, public buildings, recreation areas, recreation facilities,
restaurants, roads, service stations, shops, under awning signs*, warehouses
or distribution centres.
(4)What is
prohibited?
Development not included in subclause (2) or
(3).
Note—
* Refer to Part 5 (Performance based exemptions)
to determine whether you need to obtain development
consent.
[5]Part 4, Division 1,
heading
Insert before clause 22:
Division 1Heritage
conservation
[6]Part 4, Divisions 2 and
3
Insert after clause 27:
Division 2Development at Green
Square
27AVision for Green
Square
(1)
The vision for Green Square is to transform Green
Square into an attractive, vibrant and sustainable urban place by capitalising
on the opportunities created by:
(a)
the area’s strategic location between
Sydney’s most significant economic gateways: the Central Business
District, Kingsford Smith Airport and Port Botany, and
(b)
the construction of the New Southern Railway and
Green Square Railway Station.
(2)
Four key concepts sustain this vision:
(a)Diversity
This applies to the development of a mix of land
uses, a range of building types, diverse public spaces, and employment and
housing choices, which will support a socially diverse community, underpinning
a vibrant city that offers complex experiences and social
contact.
(b)Connectivity
This applies to an accessible network of public
spaces and public streets, which integrate existing and future landscapes and
buildings.
(c)Interdependency
This applies to the need for compatibility
between land uses, to the high quality urban design response of buildings to
public spaces, the interdependency of the social and physical environment, and
the relationship of the Green Square area to the City South
Region.
(d)Long-term
growth
This applies to the development of an urban
strategy that can accommodate and support renewal and growth of Green Square
into a compact sustainable urban area over a long period of
time.
27BPlanning principles for Green
Square
The planning principles for Green Square are set
out in Schedule 4. Those principles are underpinned by the key concepts of
diversity, connectivity, interdependency and long-term growth.
The Council must take those principles into
consideration before granting consent to any development within Green
Square.
27CDetermination of development
applications
(1)
The Council must not grant consent for
development of any land within Green Square unless:
(a)
there is a masterplan adopted by the Council for
the development site comprising that land or within which that land is
situated, and
(b)
the development is consistent with the
masterplan.
(2)
The Council may waive the requirement for a
masterplan because of the minor nature of the development concerned, the
adequacy of other planning controls that apply to the proposed development, or
for such other reasons as the Council considers
sufficient.
(3)
If:
(a)
the Council has waived the requirement for the
masterplan under subclause (2), or
(b)
a draft masterplan for the development site has
been submitted to the Council for adoption, and that draft masterplan:
(i)
has not been adopted by the Council before or
within 60 days after the date on which the development application was lodged,
or
(ii)
has been rejected by the
Council,
then subclause (1) does not apply, but when the Council
assesses the development application it must have regard to the criteria in
clause 27D (4) (a)–(l).
27DPreparation of
masterplans
(1)
A draft masterplan may only be prepared by or on
behalf of the owner or lessee of the land concerned.
(2)
The South Sydney Development Corporation may
prepare a draft masterplan on behalf of the owners for the area shown in heavy
red edging on the map marked “South Sydney Local Environmental Plan 1998 (Amendment No
2)—Green
Square—Zoning”.
(3)
A draft masterplan should be prepared following
consultation with the Council and any relevant public authorities or
corporations.
(4)
A masterplan is to outline long-term proposals
for the development of the land to which it applies, and illustrate and
explain, where appropriate, the following:
(a)
how those proposals address the vision for Green
Square set out in clause 27A, the planning principles set out in Schedule 4,
and any development control plan adopted for Green Square by the
Council,
(b)
design principles drawn from analysis of the site
and its context,
(c)
phasing of the development,
(d)
distribution of land uses, including open
space,
(e)
pedestrian, cycle and vehicle access and
circulation networks,
(f)
parking provision,
(g)
subdivision pattern,
(h)
infrastructure provision,
(i)
building envelope and built form
controls,
(j)
heritage conservation,
(k)
site remediation,
(l)
open space provision, its function and
landscaping.
27EConsultation
(1)
Immediately after receiving a draft masterplan,
the Council must advertise it in a newspaper circulating in the locality and
exhibit it at the Council’s offices for not less than 21 days for public
comment.
(2)
The Council must take into account any written
submissions made about the content of the draft plan during the exhibition
period.
27FAdoption of
masterplans
(1)
Following the exhibition of the draft masterplan,
the Council may adopt it without variation, or adopt it with such variation
made in response to submissions arising out of its exhibition as the Council
considers appropriate, or reject it.
(2)
When a masterplan is adopted, the Council must
advertise the adoption in a newspaper circulating in the
locality.
(3)
A copy of the masterplan must be available for
inspection at the Council’s offices.
27GAmendment of
masterplans
(1)
A masterplan may be
amended.
(2)
The Council may request the preparation of a
draft amendment for the purpose of keeping a masterplan
up-to-date.
(3)
This Division applies to the amendment of a
masterplan in the same way as it applies to the preparation of a
masterplan.
(4)
A masterplan may be amended or replaced by a
subsequent masterplan.
27HMasterplans may not implement
certain planning standards
(1)
The Council may adopt a masterplan or an
amendment of a masterplan even if the masterplan proposes development in
accordance with planning standards that differ from those contained in a
development control plan.
(2)
Before adopting such a masterplan or amendment,
the Council must be satisfied that:
(a)
a better development solution will result,
and
(b)
the land use mix proposed is consistent with the
relevant zone objectives (including the desired mix of uses for the relevant
zone), and
(c)
the total floor space of all buildings within a
development will not increase above that allowed by the development control
plan as a result of the masterplan, and
(d)
the total land available for public recreation
areas within the site will not be reduced below that required by a previous
masterplan or amendment.
27IApplication of zone objectives
to masterplans
For the purposes of applying the requirements
made by zone objectives and clause 27J to land to which a masterplan applies,
and in particular for the purposes of assessment of the percentage of the
non-residential component of a site, the Council needs only to be satisfied
that the overall percentage of non-residential use will be achieved over the
whole of the land to which a masterplan applies, irrespective of its
distribution in relation to individual allotments comprising the masterplan
site.
27JNon-residential development on
development sites in Zones Nos 10 (b) and 10 (c)
(1)
Subject at all times to clause 27I, the Council
must not grant consent to any development on land within Zone No 10 (b) until
it is satisfied that no more than 25% of the total floor space proposed for a
development site will be available for non-residential
development.
(2)
Subject at all times to clause 27I, the Council
must not grant consent to any development on land within Zone No 10 (c) until
it is satisfied that at least 25% of the total floor space proposed for a
development site will be available for non-residential
development.
27KAmusement centres in Green
Square
Despite any other provision of this plan, in
order to protect the amenity of the Green Square locality, consent may be
granted for development for the purpose of amusement centres on land within
Green Square only if the centres are ancillary to another use allowed in the
zone applying to the land.
Division 3Affordable housing at Green
Square
27LAffordable housing aims and
objectives
Because land values in Green Square may
reasonably be expected to increase when land in the area is developed in
accordance with this plan, development in Green Square is to provide different
kinds of housing, including affordable housing, to ensure that households on
very low to moderate incomes may live in the area.
Development in Green Square is to promote and
retain a socially diverse residential population representative of all income
groups.
27MMeanings of “affordable
housing”, “affordable housing provisions” and “total
floor area”
In this Division:
affordable housing means rented
housing occupied by very low, low and moderate income households provided and
managed under the scheme provided by the Green Square Affordable Housing
Development Control Plan adopted by the Council on 10 February 1999, and in
accordance with the affordable housing principles.
The gross incomes of such households fall within
the following ranges of percentages of the median household income for the
time being for the Sydney Statistical Division according to the Australian
Bureau of Statistics:
Very low
income household
less than
50%
Low income
household
50 or more
but less than 80%
Moderate
income household
80–120%
affordable housing provisions means
the provisions of the Green Square Affordable Housing Development Control
Plan, as adopted by the Council on 10 February 1999, setting out a scheme for
the provision and management of affordable housing in the Green Square area in
accordance with the affordable housing principles. Copies of the plan are
available from the Council’s administrative offices.
total
floor area means the total of the areas of each floor of a
building. The area of each such floor is taken to be the area within the outer
face of the external enclosing walls, but excluding:
(a)
columns, fins, sun control devices, awnings and
other elements, projections or works outside the general lines of the outer
face of the external walls (other than balconies comprising the minimum
balcony area required by the Council, and excluding any additional area),
and
(b)
the maximum ancillary car parking permitted by
the Council and any associated internal vehicular and pedestrian access to
that car parking, and
(c)
space for the loading and unloading of
goods.
27NAffordable housing
principles
The affordable housing principles are as
follows:
(a)
affordable housing is to be provided and managed
in the Green Square area so that a socially diverse residential population
representative of all income groups is created and
maintained,
(b)
affordable housing is to be made available to a
mix of households on very low, low and moderate incomes,
(c)
affordable housing is to be rented to eligible
households at an appropriate rate of gross household
income,
(d)
dwellings provided for affordable housing are to
be managed so as to maintain their continued use for affordable
housing,
(e)
affordable housing is to consist of dwellings
constructed to a standard which in the opinion of the Council is consistent
with other dwellings in the Green Square area and with an average total floor
area of not less than 100 square metres.
27OMatters for consideration by
the Council
Before granting consent to any proposed
development of land within Green Square in Zone No 10 (a), 10 (b), 10 (c) or
10 (d), the Council must take into consideration the aims and objectives of
this Division, the affordable housing principles and the following:
(a)
the need for development to provide different
kinds of housing, including affordable housing, to ensure that households on
very low, low and moderate incomes may be able to afford to live in Green
Square,
(b)
the impact of the proposed development on the
existing mix and likely future mix of residential housing stock within Green
Square.
27PInclusion of affordable
housing in a building
(1)
Before granting consent to the carrying out of
development (other than subdivision) on land in Green Square within Zone No 10
(a), 10 (b), 10 (c) or 10 (d), the Council must be satisfied that not less
than the following amount of total floor area to which the development
application relates will be used for the purpose of affordable housing, in
accordance with the affordable housing principles in this Division and the
affordable housing provisions for Green Square:
(a)
3% of so much of that total floor area as is
intended to be used exclusively for residential purposes,
and
(b)
1% of so much of that total floor area as is not
intended to be used exclusively for residential purposes,
and
(c)
if the percentage required to be provided would
be insufficient to provide complete dwellings, such extra amount of that total
floor area as may be necessary to provide complete dwellings having an average
total floor area of at least 100 square metres.
(2)
It does not matter whether the total floor area
concerned was in existence before, or is created after, the commencement of
this Division, or whether the area concerned replaces a previously existing
area.
(3)
Nothing prevents in a particular case the
provision of some of the complete dwellings required by this Division to be
provided for affordable housing and the provision of a proportion of the
monetary contribution equivalent to make up for the rest of the complete
dwellings.
27QContribution of money as an
alternative to including affordable housing in a
building
(1)
Clause 27P does not require the provision of
affordable housing if the Council is satisfied that:
(a)
a monetary contribution has been or will be
provided, by or on behalf of the applicant for development consent, for use
for the purpose of providing affordable housing within Green Square in
accordance with the affordable housing principles and the affordable housing
provisions, and
(b)
the amount of the contribution has been
calculated, in accordance with this clause and the affordable housing
provisions, as equivalent to the value of the total floor area that would
otherwise be required by this Division to be provided for use for affordable
housing, except any extra amount of area included to provide complete
dwellings in accordance with that clause.
(2)
Demolition of a building or a change in the use
of land does not give rise to a claim for a refund of any amount that has been
contributed under this clause for use for affordable
housing.
27RConditions on development
consent to give effect to this Division
(1)
The Council may impose conditions on any consent
for development for the purpose of achieving the affordable housing aims and
objectives of this Division.
(2)
In particular, any such condition may be imposed
to ensure that any affordable housing that is to be provided under this
Division is provided in accordance with the affordable housing principles or
that any monetary contribution that is elected or required to be provided for
the purpose of any such affordable housing is provided in accordance with
those principles.
27SDevelopment exempted from
affordable housing
This Division does not require the Council to
ensure that affordable housing will be provided in the case of a development
application seeking consent for development:
(a)
for residential purposes, if the proposed
development will result in the creation of less than 200 square metres of
total floor area, or
(b)
for non-residential purposes, if the proposed
development will result in the creation of less than 60 square metres of total
floor area, or
(c)
for the purpose of public housing,
or
(d)
for the purpose of affordable housing, if the
applicant for consent is a community housing or non-profit organisation,
or
(e)
for the purpose of community facilities,
or
(f)
for the purpose of a public road, or a public
utility undertaking or facility, and for no other
purpose.
27TProvision of affordable
housing where subsequent development occurs
A percentage of the total floor area to which a
development application relates is not required to be provided under this
Division for the purpose of affordable housing if the Council is satisfied
that:
(a)
the total floor area is the same as or, because
of redevelopment of a site, will replace an equivalent area that was the
subject of a former development application granted consent after the
commencement of this Division, and
(b)
the same percentage of that total floor area has
already been provided for use for affordable housing as required by this
Division, or a contribution has already been paid in relation to that floor
area in accordance with the affordable housing
provisions.
[7]Division
4
Insert before clause 28:
Division 4Miscellaneous
[8]Schedule 1
Definitions
Insert in alphabetical order:
affordable housing means housing
occupied by members of very low, low and moderate income groups that is
provided and managed in accordance with the affordable housing principles and
the Green Square Affordable Housing Development Control Plan adopted by the
Council on 10 February 1999.
development site, within Green
Square, means a site (or a grouping of sites) that was in common ownership at
the date of commencement of Division 2 of Part 4, and for which a masterplan
is required.
Green
Square means the land shown coloured on the map marked
“South Sydney Local Environmental
Plan 1998 (Amendment No 2) Green Square Zoning”, except
land identified as deferred matter on that map.
non-residential use, within Green
Square, means a use not defined in this plan as a residential
use.
residential use, within Green
Square, means use for long-term residential accommodation and includes use for
boarding houses, dwelling houses, dwellings used in conjunction with and
attached to a building used or intended to be used for another use, and
multiple dwellings.
[9]Schedule
1
Insert “or ’South Sydney Local Environmental Plan 1998 (Amendment No
2)—Green Square—Heritage &
Conservation’” after the words “marked
’Heritage and Conservation’” wherever occurring in the
definitions of heritage
conservation area and heritage
item.
[10]Schedule
1
Insert at the end of the definition of the map:
South
Sydney Local Environmental Plan 1998 (Amendment No 2)—Green
Square—Zoning
[11]Schedule 2 Heritage
items
Insert the following items in alphabetical order
of street name:
GS1
Botany
Road
Waterloo
237–271
Waterloo
Public School Group, including school residence, site landscaping and
grounds
GS2
Bourke
Street
Waterloo
903A
Sydney
Water Site—Pumping Station Building, Valve House and Electricity
Substation (No 18)
GS3
Bourke
Street
Zetland
932–934
Former Fire
Station
GS4
Bourke
Street
Zetland
936–938
Green
Square Hotel (formerly Zetland Hotel)
GS5
Bourke
Street
Zetland
999–1011
Federation
Terrace Group
GS6
Elizabeth
Street
Waterloo
810–822
Federation
warehouse (former Chubbs P/L) and Electricity Substation (No
110)
GS7
Elizabeth
Street
Waterloo
Former Tram
Shed
GS8
Elizabeth
Street
Zetland
878
“Alencon”—2 Storey Victorian terrace
house
GS9
Elizabeth
Street
Zetland
934
Single
storey weatherboard cottage
GS10
Epsom
Road
Zetland
68–74
Electricity
Substation (No 338), near Joynton Avenue
GS11
Hansard
Street
Zetland
10–12
Gabled
Victorian semi-detached terrace
GS12
Hansard
Street
Zetland
15
Stone
cottage with two storey rear extension
GS13
Hansard
Street
Zetland
24
Free
standing Victorian residence
GS14
Joynton
Avenue
Zetland
Navy
Stores/Landcom Site—Former Totaliser Building
GS15
Joynton
Avenue
Zetland
Navy
Stores/Landcom Site. Site vegetation: Figs and trees along Joynton Avenue
frontage of the site
GS16
Joynton
Avenue
Zetland
Avenue of
trees along Joynton Avenue, between O’Dea Avenue and Cook
Lane
GS17
Merton
Street
Zetland
11–13
Victorian
semi-detached residence
GS18
Portman
Street
Zetland
2–8
“Elsie Terrace”—Terrace
Group
GS19
Portman
Street
Zetland
13–19
“Ada
Terrace”—Terrace Group
GS20
Portman
Street
Zetland
65–69
Gabled
Terrace Group
GS21
Portman
Street
Zetland
71–75
Gabled
Terrace Group
GS22
Tilford
Street
Zetland
37
Single
storey Victorian cottage
GS23
South
Dowling Street (ACI site)
Waterloo
807–851
ACI
site—Facade of Building in north east corner of the site, South Dowling
Street/Crescent Street (former storage building)
GS24
South
Dowling Street (ACI site)
Waterloo
807–851
ACI
site—Building in south east corner of the site, South Dowling
Street/Lachlan Street (Former offices and warehouse known as the AGM
Building)
GS25
South
Dowling Street (ACI site)
Waterloo
807–851
ACI
site—Building which addresses South Dowling Street (former
Administrative Offices)
GS26
South
Dowling Street (ACI site)
Waterloo
807–851
ACI
site—Grissell Building, Brick Chimney, remnant machinery and site
archaeology
[12]Schedule
4
Insert after Schedule 3:
Schedule 4Planning principles for Green
Square
(Clause 27B)
(1)Regional
role
Development in Green Square is to contribute to
the status of the area as an important commercial and residential location,
strategically positioned between Port Botany, Kingsford Smith Airport and the
Sydney CBD.
Development in Green Square is to promote a
compact working and living environment to maximise the efficient use of
resources and infrastructure provision.
Development in Green Square is to benefit, in a
physical, social, economic and environmental manner, the existing communities
within South Sydney and the people of the City South
Region.
(2)Integrated planning and
development
Planning and development in Green Square are to
ensure that social, economic, environmental and urban design issues are
considered together and with proper regard for their mutual and cumulative
impacts. This principle of integration is to be reflected at all stages of the
planning and development process—planning, implementation and
evaluation.
The planning and development processes in Green
Square are to take into account the impact and effect of development on the
people of Green Square and the quality of the spaces in which they live and
work and in which they become part of and contribute to successful urban
communities.
(3)Public
domain
Development is to define and contribute to the
public domain so as to create a high quality physical setting for buildings,
which is safe and accessible and can be enjoyed by residents and
workers.
Development of the public domain is to enhance
the integration between the precincts within Green Square and surrounding
areas. A system of interconnected streets, pedestrian/bicycle networks and
open space/waterway reserves and corridors is to provide the structural
framework of this public domain. There are two main axes to this framework,
formed by the E–W avenue linking Green Square Railway Station to South
Dowling Street, and the N–S links providing the further connection to
Moore Park.
Development is to promote a street pattern that
reinforces and supplements the existing street pattern of some of the smaller
blocks in Green Square and integrates functional and environmental
demands.
Development is to facilitate the creation of a
system of channels and ponds to improve storm and ground water management, and
to develop a theme to enhance the public domain and image of Green
Square.
(4)Urban
form
Urban form in Green Square is to reflect its
location in relation to transport nodes and existing residential precincts, be
architecturally rich and diverse, achieve a high level of amenity, define and
enhance the public domain and allow for mixed uses.
Development is to provide a variety of building
types selected to complement the locality, landform and precinct character,
and designed to be responsive to environmental conditions such as noise,
orientation, aspect and air pollution.
Building form within specific blocks is to be
articulated both in height and mass to provide interest, resolve urban design
and environmental issues and satisfy other planning principles for Green
Square.
Buildings are to be of high quality and adaptable
to a variety of uses over time, to ensure their long life.
The integrity of heritage items, contributory
buildings and significant landscape elements is to be protected and
enhanced.
(5)Economic and community
life
Development is to provide a variety of housing
(including affordable housing) to accommodate a range of income groups and
social diversity, increase housing choice and flexibility, encourage
employment-based activities and contribute to the creation of a range of
precincts with character.
Development in Green Square is to provide an
appropriate proportion of affordable housing to ensure that very low to
moderate income households can continue to live in Green
Square.
Development in Green Square is to contribute to
an integrated mixed-use development pattern (both vertical and horizontal)
containing a wide range of housing and employment opportunities, combined with
educational, recreational and cultural facilities.
Development is to facilitate the increase and
diversity of employment opportunities, which are to be compatible with
achieving a high quality mixed living and working environment.
Activities along the main street frontage are to
enhance the public domain and enrich pedestrian activity. There must be
adequate provision of a range of small scale retail and neighbourhood
facilities, concentrated along major pedestrian routes and around public
spaces.
Development is to recognise and enhance the
existing residential communities within Green Square.
Development is to facilitate the timely provision
of recreational and community facilities and public open space within Green
Square, to support the increase in residents and workers. These facilities and
amenities are to be integrated with the pattern of distribution of existing
facilities and amenities within Green Square and surrounding
areas.
Potential conflict between existing and future
land uses is to be managed (by design and operational controls) so as to
minimise the impacts of one on the other, and so that future development
within Green Square can co-exist with land uses in adjoining land zoned
industrial under this plan.
(6)Transport and
access
Green Square Railway Station is to be established
as a focus for inter-connecting transport facilities. Development in Green
Square is to contribute to and support this function.
Development in Green Square is to promote the
reduction of motor vehicle dependency and actively encourage the use of public
transport, walking and cycling.
Integrated public domain improvements and
pedestrian and cycle routes/facilities are to be provided throughout Green
Square.
A barrier free environment for people with
disabilities and mobility difficulties is to be created to ensure access
equity.
Parking provision and management in Green Square
is to acknowledge travel demand management principles, discourage excessive
car ownership and usage levels by residents, and discourage car travel by
commuters and other users. The location and intensity of development is to be
oriented towards maximum potential for use of public
transport.
(7)Environmental
performance
Development is to create a safe and comfortable
environment for residents and workers in both the private and public space, by
“best practice” design to ensure buildings and spaces achieve
maximum environmental performance and minimum resources use.
Development is to be designed having regard
to:
wind effect, reflectivity, noise attenuation,
solar access and energy conservation, water conservation and re-use,
stormwater management, use of recycled materials and waste
reduction.
The development of the public domain and open
spaces must contribute to greater bio-diversity, habitat protection and
enhancement, and air and water quality.
(8)Quality of
design
Buildings and the public domain are to be of a
high quality in both design and materials. The public domain, being the
network of public spaces, streets and squares, is to be designed as
purposefully as the built form. Buildings are to support and be integrated
into this public domain network to achieve coherence and purpose. Buildings
are to be of a high quality, articulated both in height and
mass.
(9)Implementation
Through the redevelopment process, development is
to efficiently use the existing infrastructure within Green Square and provide
new physical and social infrastructure.
Schedule 2Amendment of other
environmental planning instruments
(Clause 4 (b))
2.1City of Sydney Planning
Scheme Ordinance
Insert after clause 1:
1AExcluded
land
This Ordinance does not apply to land to which
South Sydney Local Environmental Plan
1998 applies.
2.2South
Sydney Local Environmental Plan No 114 (Southern Industrial and
Rosebery/Zetland Planning Districts)
Insert after clause 2 (2):
(3)
This plan does not apply to land to which South Sydney Local Environmental Plan
1998 applies.
Historical
notes
Table of amending
instruments
Environmental Planning and
Assessment Amendment (Affordable Housing) Act 2000 No 29.
Assented to 5.6.2000. Date of commencement, assent, sec
2.