16APreparation, adoption and
amendment of master plans
(1)
A draft master plan for the land referred to in
clause 16, or any part of that land, may be prepared by or on behalf of the
owner or lessee of the land concerned or the
Director-General.
(2)
A draft master plan prepared by an owner or
lessee should be prepared following consultation with the Director-General and
is to illustrate and explain, where appropriate in relation to the land,
proposals for the following:
(a)
design principles drawn from an analysis of the
site and its context,
(b)
phasing of development,
(c)
distribution of land uses including foreshore
public access and open space,
(d)
pedestrian, cycle and road access and circulation
networks,
(e)
parking provision,
(f)
subdivision pattern,
(g)
infrastructure provision,
(h)
building envelopes and built form
controls,
(i)
heritage conservation, implementing the
guidelines set out in any applicable conservation policy, and protection of
archaeological relics,
(j)
remediation of the site,
(k)
provision of public
facilities,
(l)
provision of open space, its function and
landscaping,
(m)
the protection of the environment, in particular
as regards such part of the site as is or forms part of:
(i)
a reserve under the National Parks and Wildlife Act 1974,
or
(ii)
an aquatic reserve or critical habitat under Part
7 or 7A of the Fisheries Management Act
1994, or
(iii)
critical habitat under the Threatened Species Conservation Act
1995, or
(iv)
an item of the environmental heritage or
conservation area (however described) under any environmental planning
instrument, or
(v)
a heritage item under the Heritage Act
1977,
(n)
any other matter specified by the
Director-General.
(3)
To the extent to which it applies to land within
Sydney Olympic Park, a draft master plan must be consistent with the plan of
management for the Millennium Parklands under Division 3 of Part 4 of the
Sydney Olympic Park Authority Act
2001.
Note—
To each master plan prepared for Sydney Olympic
Park under this clause, subclause (3) extends a requirement that applies to a
master plan prepared for Sydney Olympic Park under section 18 of the Sydney Olympic Park Authority Act
2001.
(4)
If a draft master plan is prepared by or on
behalf of the Director-General, the Director-General is required to consult
with the owner or lessee of the land concerned.
(5)
A draft master plan must be submitted to the
Minister for adoption.
(6)
The Director-General may recommend that a draft
master plan be adopted without any variations or that it be adopted with such
variations as the Director-General considers
appropriate.
(7)
When submitted to the Minister:
(a)
the draft master plan is to be advertised in a
newspaper circulating throughout the State and in the locality and is to
exhibited for not less than 21 days for public comment,
and
(b)
copies of the draft master plan are to be given
to each council whose local government area includes the land to which the
plan applies or any other land that, in the opinion of the Director-General,
is likely to be affected by the proposals contained in the
plan.
(8)
In considering a draft master plan, the
Minister:
(a)
must take into account:
(i)
any written submissions made about the content of
the draft master plan during the exhibition period, and
(ii)
the views of the relevant council,
and
(b)
to the extent to which it applies to land within
Sydney Olympic Park, must consider whether the plan is consistent with the
“Environmental
Guidelines” within the meaning of the Sydney Olympic Park Authority Act
2001.
Note—
To each master plan prepared for Sydney Olympic
Park under this clause, subclause (8) (b) extends a requirement that applies
to a master plan prepared for Sydney Olympic Park under section 18 of the
Sydney Olympic Park Authority Act
2001.
(9)
A draft master plan becomes a master plan if it
is adopted by the Minister.
(10)
When a master plan is adopted, the
Director-General must advertise the adoption of the master plan in a newspaper
circulating in the locality.
(11)
A master plan may be amended by a master
plan.
(12)
An amendment to a master plan may be dealt with
concurrently with a development application.
(13)
A copy of each master plan must be available for
inspection free of charge at the head office, and the Sydney Region West
office, of the Department.
cll 16A: Ins
1.3.2002.