Part 4Other special
provisions
16General objectives of these
special provisions
The general objectives of this Part are:
(a)
to minimise the impact of development on the
environment, and
(b)
to preserve trees and remnant bushland and to
protect ecosystems, and
(c)
to ensure that development is carried out in a
manner that reflects constraints associated with flooding, acid sulfate soils,
aircraft noise and the like, and
(d)
to provide for the acquisition and use of land
reserved for a public purpose, and
(e)
to improve water quality in the Georges River
Catchment area by better managing the quality and quantity of stormwater
run-off, and
(f)
to regulate specific types of
development.
17General environmental
considerations
(1)
This clause applies to development which is
likely to have a significant environmental impact by way of clearing of
vegetation, alteration of the natural land form or the potential for air,
water or ground pollution.
(2)
Before granting consent for development to which
this clause applies, the consent authority must take into consideration such
of the following matters as are relevant to the circumstances of the proposed
development:
(a)
the impact of that development on:
(i)
flora and fauna, including threatened species,
and
(ii)
water quality of surface water bodies and ground
water, and
(iii)
any catchment management strategy applying to the
land, and
(b)
the reduction of stormwater run-off by minimising
the area of impervious surfaces, increasing infiltration and the use of
rainwater tanks.
18Biodiversity
protection
(1)
The objective of this clause is to maintain
terrestrial and aquatic biodiversity by:
(a)
protecting native flora and fauna,
and
(b)
protecting the ecological processes necessary for
the continued existence of native flora and fauna, and
(c)
encouraging the conservation and recovery of
native flora and fauna and its habitats.
(2)
This clause applies to land identified as
“Biodiversity” on the Biodiversity Protection
Map.
(3)
In determining whether to grant development
consent to development on land to which this clause applies, the consent
authority must consider whether or not the development:
(a)
will cause any adverse impact on the condition,
ecological value and significance of the flora and fauna on the land,
and
(b)
will cause any adverse impact on the importance
of the vegetation on the land to the habitat and survival of native fauna,
and
(c)
has any potential to fragment, disturb or
diminish the biodiversity structure, function and composition of the land,
and
(d)
will cause any adverse impact on the habitat
elements providing connectivity on the land.
(4)
Development consent must not be granted to
development on land to which this clause applies unless the consent authority
is satisfied that:
(a)
the development is designed, sited and will be
managed to avoid any significant adverse environmental impact,
or
(b)
if that impact cannot be reasonably avoided by
adopting feasible alternatives—the development is designed, sited and
will be managed to minimise that impact.
cl 18: Subst 2014
(139), Sch 1 [7].
19Ecologically sustainable
development
Before granting consent for development, the
consent authority must have regard to the following principles of ecologically
sustainable development, to the extent it considers them relevant to the
proposed development:
(a)
the conservation of energy and natural resources,
particularly water and soil, and
(b)
the avoidance of environmentally damaging
materials, and
(c)
the avoidance of significant adverse impact on
the natural environment, particularly areas of remnant vegetation,
watercourses and native flora and fauna, and
(d)
waste avoidance and waste minimisation,
and
(e)
encouraging the use of public
transport.
20Trees
(1)
The Council may, by resolution, make, revoke or
amend a tree preservation order.
(2)
A person must not carry out or permit or direct
or cause any ringbarking, cutting down, topping, lopping, poisoning, removing
or wilful destruction of any tree or trees to which a tree preservation order
applies except in accordance with development consent, a permit issued by the
Council or otherwise in accordance with the tree preservation
order.
(3)
This clause does not apply in respect of:
(a)
trees within a State forest, or within a timber
or forest reserve, within the meaning of the Forestry Act
1916, or
(b)
trees in a national park, within the meaning of
the National Parks and Wildlife Act 1974,
or
(c)
action required or authorised by or under any
Act, or
(d)
plants declared to be noxious weeds under the
Noxious Weeds Act
1993.
(4)
A tree preservation order and any revocation or
amendment of such an order does not have effect until it has been published in
a newspaper circulating in the Bankstown City local government
area.
21Development adjacent to water
bodies
(1)
The Council may determine a foreshore building
line on land adjoining a water body.
(2)
The erection of a building other than:
(a)
a marina, or
(b)
single storey boat sheds, or
(c)
below ground swimming pools,
or
(d)
structures at or below ground level,
or
(e)
wharves or jetties,
is prohibited between a foreshore building line and the
adjacent water body.
(3)
Development must not be carried out within 40
metres of a water body except with development consent.
(4)
In determining a development application
permitted by subclause (2) or required by subclause (3), the consent authority
must take into consideration the likely impact of that development on the
waterway, including the impact on:
(a)
water quality, and
(b)
bank stability, and
(c)
quantity and quality of water flows,
and
(d)
aquatic biota, and
(e)
riparian vegetation.
22Acid sulfate
soils
(1)Consent usually
required
A person must not, without development consent,
carry out works described in the following Table on land of the class
specified for those works, except as provided by subclause (3).
Table
Class of land as shown on Acid Sulfate Soils Planning
Maps
Works
1
Any works
2
Works below the natural ground surface
Works by which the watertable is likely to be
lowered
3
Works beyond 1 metre below the natural ground
surface
Works by which the watertable is likely to be lowered
beyond 1 metre below natural ground surface
4
Works beyond 2 metres below the natural ground
surface
Works by which the watertable is likely to be lowered
beyond 2 metres below natural ground surface
5
Works within 500 metres of adjacent Class 1, 2, 3 or 4 land
which are likely to lower the watertable below 1 metre AHD on adjacent Class
1, 2, 3 or 4 land
(2)
For the purposes of the Table to subclause (1),
works includes:
(a)
any disturbance of soil of a minor nature (such
as occurs in carrying out agriculture, the construction or maintenance of
drains, extractive industries, dredging, the construction of artificial water
bodies (including canals, dams and detention basins) or foundations, or flood
mitigation works), or
(b)
any other works that are likely to lower the
watertable.
(3)Exception following
preliminary assessment
This clause does not require consent for the
carrying out of those works if:
(a)
a copy of a preliminary assessment of the
proposed works undertaken in accordance with the Acid Sulfate Soils Assessment
Guidelines has been given to the consent authority,
and
(b)
the consent authority has given written advice to
the person carrying out the works confirming that results of the preliminary
assessment indicated the proposed works need not be carried out pursuant to an
acid sulfate soils management plan prepared in accordance with the Acid Sulfate Soils Assessment
Guidelines.
(4)Considerations for consent
authority
The consent authority must not grant a consent
required by this clause unless it has considered:
(a)
the adequacy of an acid sulfate soils management
plan prepared for the proposed development in accordance with the Acid Sulfate Soils Assessment
Guidelines, and
(b)
the likelihood of the proposed development
resulting in the discharge of acid water, and
(c)
(5)Public authorities not
excepted
This clause requires consent for development to
be carried out by councils, county councils or drainage unions despite:
(a)
clauses 14 and 15 of, and item 2 of Schedule 3
to, this plan,
(b)
clause 10 of State
Environmental Planning Policy No 4—Development Without Consent and
Miscellaneous Complying
Development.
cl 22: Am 2008 (571),
Sch 3.5 [1] [2].
23Development adjacent to
residential zones
In determining a development application that
relates to land in a zone other than Zone 2 (a), 2 (b) or 2 (c) adjoining land
in Zone 2 (a), 2 (b) or 2 (c), the consent authority must take into
consideration the following matters:
(a)
whether any proposed building is compatible with
the height, scale, siting and character of existing residential development
within the adjoining residential zone,
(b)
whether any goods, plant, equipment and other
material used in carrying out the proposed development will be stored or
suitably screened from residential development,
(c)
whether the proposed development will maintain
reasonable solar access to residential development between the hours of 9 am
and 3 pm during the winter solstice,
(d)
whether noise generation from fixed sources or
motor vehicles associated with the proposed development will be effectively
insulated or otherwise minimised,
(e)
whether the proposed development will otherwise
cause nuisance to residents, by way of hours of operation, traffic movement,
parking, headlight glare, security lighting, fumes, gases, smoke, dust or
odours, or the like,
(f)
whether any windows or balconies facing
residential areas will be treated to avoid overlooking of private yard space
or windows in residences.
cl 23: Am 2014 (139),
Sch 1 [8].
24Airports
(1)
In determining an application for consent to
development on land in the vicinity of Bankstown Airport, the consent
authority must consider:
(a)
the impact of the airport on the development to
which the application relates in terms of Australian noise exposure forecasts,
and
(b)
the obstacle limitation surface plan for the
airport completed by the operator of the airport.
(2)
In regard to Bankstown Airport:
(a)
a dwelling (other than a dwelling house) may be
erected on land in the vicinity of the airport where the ANEF is between 20
and 25 only if the dwelling meets Australian Standard AS 2021—2000, Acoustics—Aircraft noise intrusion—Building
siting and construction regarding interior noise levels,
and
(b)
a dwelling house or housing for older people or
people with a disability must not be erected on land in the vicinity of the
airport where the ANEF exceeds 25 unless the Council is satisfied that the
nature of occupation or internal noise attenuation measures enable reasonable
amenity for the occupants, and
(c)
development for the purpose of dual occupancy,
villas or rowhouses is prohibited on land in the vicinity of the airport where
the ANEF exceeds 25, and
(d)
a hotel, motel, office premises or a public
building may be erected on land where the ANEF for the airport is above 25
only if the building meets Australian Standard AS 2021—2000, Acoustics-Aircraft noise intrusion—Building siting and
construction regarding interior noise
levels.
(3)
In this clause:
ANEF means Australian Noise Exposure
Forecast as endorsed by Airservices Australia on 26 November 2004 and kept in
the office of the Council.
cl 24: Am 2006 (66),
Sch 1 [1]–[5].
25Outdoor
advertising
(1)
Despite clause 11 but subject to this clause,
development for the purpose of an advertisement may be carried out on land
within any zone, other than Zone 7, with the consent of the consent authority,
unless it is exempt development.
(2)
Consent may be granted pursuant to subclause (1)
only if the advertisement is:
(a)
a business identification sign,
or
(b)
for the purpose of directing the travelling
public to a specific tourist facility or place of scientific, historic or
scenic interest in the Bankstown City local government area,
or
(c)
advertising on a sportsground that is consistent
with a plan of management.
(3)
The consent authority may adopt a development
control plan for the purpose of recommending the type and size of an
advertisement that may be erected or displayed under this
clause.
(4)
The display of an advertisement on a stationary
motor vehicle, trailer or the like, on land other than a public road, is
prohibited.
(5)
In this clause, business
identification sign means an advertisement that displays any
or all of the following information relating to the place or premises to which
it is fixed:
(a)
the identity or a description of the place or
premises,
(b)
the identity or a description of any person
residing or carrying on an occupation at the place or
premises,
(c)
particulars of any occupation carried on at the
place or premises,
(d)
such directions or cautions as are usual or
necessary relating to the place or premises or any occupation carried on
there,
(e)
particulars or notifications required or
permitted to be displayed by or under any State or Commonwealth
Act,
(f)
particulars relating to the goods, commodities or
services dealt with or provided at the place or premises,
(g)
particulars of any activities held or to be held
at the place or premises,
(h)
a reference to an affiliation with a trade,
professional or other association relevant to the business conducted at the
place or premises.
26Flood liable
land
Before determining an application for consent to
carry out development on flood liable land, the consent authority must
consider the provisions of any relevant development control plan and the
requirements of any floodplain development manual published by a public
authority that the Council considers relevant to the assessment of the
development.
27Landfill
Consent for the placing of landfill may be
granted only if the consent authority is satisfied that:
(a)
the landfill is required for the reasonable
economic use of the land on which it takes place or for the provision of
utility services, and
(b)
there would be no adverse impact by the landfill
on:
(i)
a water body, or
(ii)
private or public property,
or
(iii)
ground water quality and resources,
or
(iv)
stormwater drainage, or
(v)
flooding.
28Temporary
development
(1)
Any development, not being designated
development, may, despite any other provision of this plan, be carried out on
any land (other than land comprising or containing a heritage item) with
consent, for such period of not more than 6 months as may be determined by the
consent authority.
(2)
Development referred to in subclause (1) may be
carried out only if, in the opinion of the consent authority:
(a)
it is not inconsistent with the objectives of
this plan or the objectives of the zone in which the land concerned is
situated, and
(b)
it would not generate an excessive demand for
public services, and
(c)
it would be compatible with the character and
amenity of the locality in which it would be carried out in terms of:
(i)
its design, height and siting,
and
(ii)
its operation, and
(iii)
traffic generation and car parking,
and
(iv)
noise, light, dust and odour nuisance,
and
(v)
privacy, and
(vi)
stormwater drainage, and
(vii)
hours of operation, and
(viii)
overshadowing, and
(d)
it would not be inconsistent with any current
consent applying to the land, and
(e)
in the case of land within Zone 7, or
environmentally significant land, it would not detrimentally impact on the
environmental values of the land.
29Land classified or
reclassified as operational land
(1)
The public land described in Schedule 4 is
classified, or reclassified, as operational land for the purposes of the
Local Government Act
1993.
(2)
In accordance with section 30 of the Local Government Act 1993, a parcel of
land described in Part 2 of Schedule 4, to the extent (if any) that it is a
public reserve, ceases to be a public reserve on the commencement of the
relevant amending plan and, by the operation of that plan, is discharged from
any trusts, estates, interests, dedications, conditions, restrictions and
covenants affecting the land or any part of the land, except for:
(aa)
those trusts, estates, interests, dedications,
conditions, restrictions and covenants (if any) specified in relation to the
description of the parcel of land in Part 2 of Schedule 4,
and
(a)
any reservations that except land out of a Crown
grant relating to the land, and
(b)
reservations of minerals (within the meaning of
the Crown Lands Act
1989).
(3)
Before the relevant amending plan that inserted
the description of a parcel of land into Part 2 of Schedule 4 was made, the
Governor approved of subclause (2) applying to the land.
(4)
In this clause, the
relevant amending plan, in relation to a parcel of land
described in Part 2 of Schedule 4, is the local environmental plan that
inserted the description of the parcel in that Part.
(5)
Land described in Part 1 of Schedule 4 is not
affected by the amendments made by the Local Government Amendment (Community
Land Management) Act 1998 to section 30 of the Local Government Act
1993.
cl 29: Am 12.9.2003;
2009 (527), Sch 1 [1].
30Floor space
ratios
(1)
The objectives of the floor space ratios adopted
by this plan are as follows:
(a)
to generally regulate the scale and bulk of
development consistently with the capacity and character of the area of the
development site,
(b)
to ensure non-residential development in
residential zones is of a similar scale to that of permitted residential
development,
(c)
to regulate the intensity of development in
business zones consistently with the role and function of the particular
business centre, the capacity of the road network to accommodate
business-related traffic, and the availability of public
transport,
(d)
to provide an incentive for redevelopment of key
sites in the Bankstown CBD,
(e)
to ensure that business and retail development in
industrial zones is of a scale comparable to mainstream industrial zone
activity and does not attract development more appropriately located in
business zones.
(2)
The consent authority must not grant consent to
development if it has a floor space ratio in excess of that indicated for the
development site on the Floor Space Ratio Map.
(3)
Where a floor space ratio shown on the Floor
Space Ratio Map applies only where consolidation of adjoining lots is
achieved, the consent authority must not grant consent to development if it
has a floor space ratio in excess of that floor space ratio unless all
adjoining allotments shown edged with a heavy black line on the Floor Space
Ratio Map are consolidated into a single allotment.
(4)
The Floor Space Ratio Map may also indicate the
maximum floor space ratio for particular types of
development.
(5)
State
Environmental Planning Policy No 1—Development
Standards does not apply to the standards in this clause
in connection with development on land within Zone 3 (a) if the proposed floor
space ratio exceeds 3:1.
cl 30: Am 2006 (541),
Sch 1 [1]; 2012 (237), Sch 1 [1]; 2014 (139), Sch 1 [9].
30AAdditional gross floor area
for more sustainable development in Bankstown CBD commercial
core
(1)
The objectives of this clause are:
(a)
to encourage building design (namely the built
form and layout) of large-scale commercial development and mixed use
development in Zone 3 (a) that minimises the consumption of energy and water,
and
(b)
to provide increased amenity to occupants over
the long term, and
(c)
to ensure the increase in gross floor area is
compatible with surrounding buildings in terms of bulk, height and
amenity.
(2)
This clause applies to development if:
(a)
the development is on land within Zone 3 (a),
and
(b)
the development site is at least 18 metres wide
at the front building line and has a permissible floor space ratio of no more
than 3:1 as shown on the Floor Space Ratio Map,
and
(c)
the development includes the erection of one or
more buildings for the purposes of commercial premises or mixed use
development.
(3)
Despite any other provision of this plan, the
consent authority may grant consent to development to which this clause
applies if the gross floor area of the buildings on the development site
exceeds the gross floor area otherwise permitted by this plan by up to
0.5:1.
(4)
Before granting development consent to
development under this clause, the consent authority must be satisfied
that:
(a)
the part of any buildings used for the purposes
of commercial premises (whether or not for the purposes of mixed use
development) complies with the following standards:
(i)
the energy target is a maximum 135
kg/m2 per year (equivalent to a 5-star NABERS rating for commercial
buildings),
(ii)
the water target is a maximum 0.47
kL/m2 per year for business premises and office premises
(equivalent to a 4.5-star NABERS rating for commercial buildings) and a
maximum 1.68 kL/m2 per year for shops, restaurants and function
centres, and
(b)
the part of any building that is a dwelling used
for the purposes of mixed use development complies with the following
standards:
(i)
the energy target is a minimum 10-point increase
in the BASIX score compared to current requirements,
(ii)
the water target is a minimum BASIX 60,
and
(c)
any increase in the gross floor area referred to
in subclause (3):
(i)
does not result in the building exceeding the
maximum building height shown for the land on the Height of Buildings Map,
and
(ii)
does not adversely impact on adjoining and
neighbouring land in terms of visual bulk and overshadowing,
and
(d)
a report prepared by a qualified consultant to
the satisfaction of the Council verifies that, if all of the commitments
relating to the building design (namely the built form and layout) listed in
the report are fulfilled, the development will comply with both the energy and
water targets.
(5)
This clause does not apply to land on which
development to which clause 13 of State
Environmental Planning Policy (Affordable Rental Housing)
2009 applies is to be carried out.
(6)
State
Environmental Planning Policy No 1—Development
Standards does not apply to the standards in this clause
in connection with development to which this clause
applies.
(7)
In this clause:
BASIX means a rating under the
State Environmental Planning Policy (Building Sustainability
Index: BASIX) 2004.
mixed use
development means a building or place comprising commercial
premises and dwellings.
NABERS
rating means a rating under the National Australian Built
Environment Rating System.
cll 30A–30C:
Ins 2014 (139), Sch 1 [10].
30BHeight of
buildings
(1)
The objectives of this clause are as
follows:
(a)
to ensure that the height of development is
compatible with the character, amenity and landform of the area in which the
development is located,
(b)
to maintain the prevailing suburban character and
amenity in the low density residential environment by limiting the height of
development to a maximum of 2 storeys in Zone 2 (a),
(c)
to provide appropriate height transitions between
development, particularly at zone boundaries,
(d)
to define focal points by way of nominating
greater building heights in certain locations.
(2)
The height of a building on any land is not to
exceed the maximum height shown for the land on the Height of Buildings
Map.
(3)
Despite subclause (2), the following height
restrictions apply to particular types of development within Zone 2
(a):
(a)
for outbuildings, the building height must not
exceed 4.8 metres and the wall height must not exceed 3
metres,
(b)
for secondary dwellings that are separate from
the principal dwellings, the building height must not exceed 6 metres and the
maximum wall height must not exceed 3 metres,
(c)
for dwelling houses and dual occupancies, the
wall height must not exceed 7 metres,
(d)
for villas:
(i)
the maximum building height of any dwellings
facing the street must not exceed 9 metres and the maximum wall height must
not exceed 7 metres, and
(ii)
the maximum building height for all other
dwellings at the rear of the lot must not exceed 6 metres and the maximum wall
height must not exceed 3 metres.
cll 30A–30C:
Ins 2014 (139), Sch 1 [10].
30CArchitectural roof
features
(1)
The objectives of this clause are as
follows:
(a)
to enable minor architectural roof features to
exceed the maximum building height,
(b)
to provide opportunities for architectural roof
features that form an integral part of a building’s
design.
(2)
Development that includes an architectural roof
feature that exceeds, or causes a building to exceed, the height limits set by
clause 30B may be carried out, but only with development
consent.
(3)
Development consent must not be granted to any
such development unless the consent authority is satisfied that:
(a)
the architectural roof feature:
(i)
comprises a decorative element on the uppermost
portion of a building, and
(ii)
is not an advertising structure,
and
(iii)
does not include floor space area and is not
reasonably capable of modification to include floor space area,
and
(iv)
will cause minimal overshadowing,
and
(b)
any building identification signage or equipment
for servicing the building (such as plant, lift motor rooms, fire stairs and
the like) contained in or supported by the roof feature is fully integrated
into the design of the roof feature.
cll 30A–30C:
Ins 2014 (139), Sch 1 [10].
31Pet
boarding
Despite clause 11, the consent authority may
consent to development for the purpose of boarding of domestic pets on land
within Zone 3 (b), 4 (a) or 4 (b), but only if it is satisfied that the use
will not create a nuisance that will affect the amenity of any land in the
vicinity used for residential purposes.
32Access for people with
disabilities
(1)
A new building must not be erected unless it
complies with the requirements of the Building Code of Australia in relation
to access and facilities for people with disabilities.
(2)
In the case of proposed development
involving:
(a)
an existing building, or
(b)
a new building of a type that is not subject to
any requirement of the Building
Code of Australia in relation to access and facilities for
people with disabilities,
the consent authority must take into consideration
whether adequate provision is, or is able to be, made for such access and
facilities.
33Brothels
Development for the purpose of a brothel may be
carried out only on certain land within Zone 4 (a) or 4 (b) in Villawood,
Greenacre, Milperra and South Bankstown as identified on the
map.
34Land
acquisition
(1)
The owner of any land within Zone 5, 6 (a) or 7
may, in writing, request the public authority corresponding to the category of
the land as indicated on the map and as shown in the Table below, to acquire
the land.
Table
Zone
Public authority
5
Roads and Traffic Authority, if “RTA” is
specified on the map to indicate the relevant land use
6 (a)
(a)
in the case of land included in Schedule
5—the corporation, or
(b)
in any other case—the
Council
7
the Council
(2)
Subject to subclauses (3)–(5), on receipt
of the request, the public authority concerned must make arrangements to
acquire the land, unless the land might reasonably be required to be dedicated
to the Council as a condition of consent to the carrying out of
development.
(3)
However, the Council must make arrangements to
acquire the land only if:
(a)
the land is included in a 5-year works program of
the current at the time of receipt of the request, or
(b)
the Council is of the opinion that the owner of
the land will suffer hardship if the land is not acquired within a reasonable
time.
(4)
The Roads and Traffic Authority must make
arrangements to acquire the land only if:
(a)
the land is included in a 5-year works program of
the Roads and Traffic Authority current at the time of receipt of the request,
or
(b)
the Roads and Traffic Authority has refused
concurrence to a consent for a proposed use of the land,
or
(c)
the Roads and Traffic Authority is of the opinion
that the owner of the land will suffer hardship if the land is not acquired
within a reasonable time.
(5)
The corporation must make arrangements to acquire
the land only if:
(a)
the land is included in a priority program of the
corporation current at the time of receipt of the request,
or
(b)
the corporation is of the opinion that the owner
of the land will suffer hardship if the land is not acquired within a
reasonable time.
(6)
If Schedule 5 indicates that only part of an
allotment is included in that Schedule, the relevant part is identified on the
map.
35Use of land before or after it
is acquired
(1)
A person may, with consent, carry out development
on land within Zone 5 or 6 (a):
(a)
if the development may be carried out on land in
an adjoining zone, or
(b)
if the development is compatible with development
which may be carried out on land in an adjoining
zone.
(2), (3)
(4)
Before granting consent to development on land
within Zone 5 or 6 (a) before it is acquired, the consent authority must
consider the following:
(a)
the need for the proposed development on the
land,
(b)
the impact of the proposed development on the
existing or likely future use of the land,
(c)
the need to retain the land for its existing or
likely future use,
(d)
the effect of the proposed development on the
costs of acquisition,
(e)
the imminence of acquisition,
(f)
the costs of reinstatement of the land for the
land use for which the land may be required to be
acquired.
(5)
Land acquired under clause 34 may be developed,
with the consent of the consent authority, for any purpose until such time as
it is required for use for the purpose for which it was
acquired.
(6)
Consent for development on land within Zone 5 or
6 (a) after it has been acquired pursuant to this plan may be granted only if
the consent authority has considered whether the proposed development would be
compatible with the existing and likely future character and amenity of
adjoining land in terms of:
(a)
its scale, bulk, design, siting and landscaping,
and
(b)
its operation, and
(c)
traffic generation and car parking,
and
(d)
noise, light, dust and odour nuisance,
and
(e)
privacy, and
(f)
stormwater drainage and flooding,
and
(g)
hours of operation, and
(h)
overshadowing.
cl 35: Am 2008 (571),
Sch 3.5 [3] [4].
36Use of land within Zone 7
before it is acquired
The consent authority may grant consent to
development on land in Zone 7 before it is acquired, but only if it is
satisfied that the proposed development will not detract from the conservation
value of the land.
36ASpecial requirements for
particular sites
(1)
Consent must not be granted for development of
land specified in Column 1 of Schedule 9 unless the requirement relating to
that development set out in Column 2 of that Schedule has been complied
with.
(2)
State
Environmental Planning Policy No 1—Development
Standards does not apply to any aspect of development
referred to in Schedule 9 if that Schedule so provides in relation to that
aspect.
cl 36A: Ins 5.7.2002.
Am 2006 (540), Sch 1 [1].
36BDevelopment of land at 80
Miller Road, Villawood
(1)
This clause applies to Lot 101, DP 1041971, No 80
Miller Road, Villawood, as shown distinctively coloured, edged heavy black and
lettered “2 (a)” or “3 (b)” on the map marked
“Bankstown Local
Environmental Plan 2001 (Amendment No
26)”.
(2)
Despite any other provision of this plan, the
consent authority may grant consent to the subdivision under the Community Land Development Act 1989 of
so much of the land to which this clause applies as is within Zone 2 (a), but
only if:
(a)
the number of community development lots,
precinct development lots and neighbourhood lots so created does not exceed
181, and
(b)
each community development lot, precinct
development lot or neighbourhood lot so created is at least 200 square metres
in area.
(3)
Despite any other provision of this plan, a
person may, with the consent of the consent authority, carry out development
for the purpose of light industry on so much of the land as is within Zone 3
(b).
(4)
Despite any other provision of this plan, the
carrying out of development for the following purposes is prohibited in
relation to so much of the land as is within Zone 3 (b):
(a)
bed and breakfast
establishments,
(b)
boarding-houses,
(c)
centre based child care
centres,
(d)
dual occupancies,
(e)
dwelling houses,
(f)
educational establishments,
(g)
family day care centres,
(h)
home businesses,
(i)
home offices,
(j)
hospitals,
(k)
hotels,
(l)
housing for older people or people with
disabilities,
(m)
motels,
(n)
residential flat buildings,
(o)
rowhouses,
(p)
serviced apartments,
(q)
villas.
cl 36B: Ins 2006
(44), Sch 1 [1].
36CDevelopment along arterial
roads
(1)
Consent must not be granted to development on an
allotment of land that has a boundary adjoining an arterial road (or a road
related area adjoining or associated with an arterial road) unless the consent
authority is satisfied that:
(a)
where practicable, vehicle access to the land is
provided by a road other than the arterial road, and
(b)
the safety, efficiency and ongoing operation of
the arterial road will not be adversely affected by the proposed development
as a result of:
(i)
the design of the vehicle access to the land from
the arterial road, or
(ii)
the nature, volume or frequency of vehicles using
the arterial road to gain access to the land, or
(iii)
the emission of smoke or dust from the proposed
development, and
(c)
the development is of a type that:
(i)
is not sensitive to traffic noise,
or
(ii)
is appropriately located and designed,
or
(iii)
includes measures to reduce potential traffic
noise within the site or the proposed development.
cl 36C: Ins 2006
(699), Sch 1 [5].
Part 7Residential
zones
44Objectives of the residential
zones
(1)
The objectives of Zone 2 (a) are:
(a)
to complement the single dwelling suburban
character of the residential areas of Bankstown City, and
(b)
to enable dual occupancy, rowhouse and villa
development that is otherwise consistent with the objectives of the zone,
and
(c)
to ensure that sites are of sufficient size to
provide for buildings, vehicular and pedestrian access, landscaping and
retention of natural topographical features, and
(d)
to ensure that development is of a height and
scale which complements existing buildings and streetscapes (noting that 2
storey dwellings may occur throughout residential areas),
and
(e)
to allow for some non-residential use that would
not adversely affect the living environment or amenity of the area,
and
(f)
to encourage energy efficiency and resource
conservation measures in the design, construction and occupation of
residential buildings, and other buildings permitted in this zone,
and
(g)
to ensure adequate public and private open space
is available to residents, and
(h)
to require satisfactory drainage,
and
(i)
to require landscaping of development
sites.
(2)
The objectives of Zone 2 (b) are:
(a)
to encourage a variety of housing types in
Bankstown City, including residential flat buildings, and
(b)
to promote landscaping as a major element in the
residential environment, and
(c)
to provide for housing which is compatible with
surrounding buildings in terms of bulk, height and scale,
and
(d)
to allow for some non-residential uses that
provide services to residents which would not adversely affect the living
environment of the area, and
(e)
to ensure that buildings include adaptable and
accessible housing, and
(f)
to encourage residential development which has
regard to local amenity and public and private views, and
(g)
to encourage energy efficiency and resource
conservation measures in the design, construction and occupation of
residential buildings, and other buildings permitted in this zone,
and
(h)
to ensure adequate public and private open space
is available to residents, and
(i)
to require satisfactory drainage,
and
(j)
to require landscaping of development
sites.
(3)
The objectives of Zone 2 (c) are:
(a)
to provide for the housing needs of the community
within a medium density residential environment, and
(b)
to provide a variety of housing types within a
medium density residential environment, and
(c)
to allow for the development of medium density
housing that has regard to local amenity and provides a suitable visual
transition between high density residential areas and low density residential
areas, and
(d)
to require landscape as a key characteristic in
the medium density residential environment, and
(e)
to enable other land uses that provide facilities
or services to meet the day-to-day needs of residents, and
(f)
to allow for certain non-residential development
that is compatible with residential development and does not adversely affect
the living environment or amenity of the area.
cl 44: Am 2014 (139),
Sch 1 [11].
45General restrictions on
development
(1)
Consent may be granted for a building on land
within Zone 2 (a), 2 (b) or 2 (c) only if it would be compatible with the
character and amenity of existing and likely future buildings on adjoining
land in terms of:
(a)
its scale, bulk, design, height, siting and
landscaping, and
(b)
its operation, and
(c)
traffic generation and carparking,
and
(d)
noise, dust, light and odour nuisance,
and
(e)
privacy, and
(f)
stormwater drainage, and
(g)
hours of operation, and
(h)
overshadowing.
(2)
Development for the purpose of dual occupancies,
villas or rowhouses is prohibited on land within Zone 2 (a) that is referred
to in Schedule 8.
(3)
Development for the purpose of dual occupancies
is prohibited on land within Zone 2 (a), 2 (b) or 2 (c) that is referred to in
Schedule 10.
cl 45: Am 2006 (541),
Sch 1 [2]; 2014 (139), Sch 1 [12].
46Core residential development
standards
(1)
The objectives of the standards in this clause
are:
(a)
where an existing allotment is inadequate in
terms of its area or width, to require the consolidation of 2 or more single
residential allotments for villa development, multi dwelling housing or
residential flat buildings, to achieve the other objectives in this subclause,
and
(b)
to ensure that allotments are of sufficient size
to accommodate proposed dwellings, setbacks to adjoining residential land,
private open space and courtyards, driveways, vehicle manoeuvring areas and
the like, and
(c)
to ensure that the site of a proposed villa
development is of adequate area and width to enable that development to be
arranged without long lengths of walls in a straight line,
and
(d)
to limit the potential for villa, rowhouse,
terrace house and dual occupancy development in Zone 2 (a),
and
(e)
to ensure that dual occupancy, rowhouse or villa
development in Zone 2 (a) retains the general low-density scale and character
of existing single dwelling development.
(2)
The consent authority may grant consent to the
subdivision of a single allotment of land within Zone 2 (a) or 2 (b) to create
not more than 2 allotments for the purpose of the erection of a dwelling house
on each allotment, provided that the average area of the allotments, exclusive
of any access corridor, is not less than 450 square metres, and each allotment
contains a rectangle with sides of 10 metres and 15 metres behind the setbacks
and the building line of the proposed dwelling house.
(3)
The consent authority is not to grant consent to
development for the purpose of villas on an allotment of land within Zone 2
(a) or 2 (b) unless:
(a)
the allotment has an area of 1,200 square metres
or more, and
(b)
the allotment is at least 20 metres wide at the
front building line, and
(c)
the site area per villa (excluding the area of
access handles or rights of way for access) is not less than 300 square
metres.
(4)
The consent authority is not to grant consent to
development for the purpose of a detached dual occupancy on an allotment of
land within Zone 2 (a) or 2 (b) if the allotment has an area less than 700
square metres or a width of less than 20 metres at the front building
line.
(5)
The consent authority is not to grant consent to
development for the purpose of an attached dual occupancy on an allotment of
land within Zone 2 (a) or 2 (b) if the allotment has an area less than 500
square metres or a width of less than 15 metres at the front building
line.
(6)
The consent authority is not to grant consent to
development for the purpose of rowhouses on an allotment of land within Zone 2
(a) or 2 (b) unless the allotment:
(a)
is rectangular in shape, and
(b)
is located on a corner with two street frontages,
and
(c)
has an area of not less than 750 square metres,
and
(d)
has a width of not less than 20 metres at the
front building line.
(7)
The consent authority is not to grant consent to
development for the purpose of a residential flat building on an allotment of
land within Zone 2 (b) unless:
(a)
the allotment has an area of not less than 1,500
square metres and a width of not less than 30 metres at the front building
line,
(b)
(7A)
The consent authority may grant consent to
development for the purpose of terrace houses on an allotment of land within
Zone 2 (a) only if the consent authority is satisfied that:
(a)
the allotment of land within Zone 2 (a) is
identified on the map distinctively coloured and with heavy black
cross-hatching, and
(b)
vehicle access to the allotment is from a road or
right of way for access at the rear of the
allotment.
(9)
This clause does not apply to the following
land:
Land to which Part 14
applies
(10)
The consent authority may grant consent to
development for the purpose of terrace houses on an allotment of land within
Zone 2 (a) only where it is satisfied that:
(a)
the allotment of land within Zone 2 (a) is
identified on the map by black cross-hatching, and
(b)
vehicle access to the allotment is from a road or
right of way for access exists at the rear of the
allotment.
(11)
Despite subclause (3), the consent authority is
not to grant consent to development for the purpose of villas on an allotment
of land within Zone 2 (a) or 2 (b) that is referred to in Schedule 10
unless:
(a)
the allotment is at least 24 metres wide at the
front building line, and
(b)
the site area per villa (excluding the area of
access handles or rights of way for access) is not less than 175 square
metres.
(12)
The consent authority must not grant consent to
development for the purposes of multi dwelling housing on a lot within Zone 2
(c) if the lot has an area less than 1,000 square metres or a width of less
than 20 metres at the front building line.
Note—
Clause 46 (8), as exhibited, is deferred
matter.
cl 46: Am 2.8.2002;
9.1.2004; 2005 (139), Sch 1 [1]; 2006 (541), Sch 1 [3] [4]; 2006 (699), Sch 1
[6]; 2014 (139), Sch 1 [13]–[16].
46ABusiness
premises
(1)
The objective of this clause is to permit
business premises as part of live-work enterprises, to encourage home-based,
small-scale businesses on the fringe of the Bankstown central business
district as a way to promote local job opportunities.
(2)
This clause applies to land identified as
“Area 1” on the Special Provisions
Map.
(3)
The consent authority must not grant consent to
development for the purposes of business premises on land to which this clause
applies unless the consent authority is satisfied that the development is part
of a mixed use development that is comprised of business premises on the
ground floor with access from the principal street frontage and where all
business premises are connected internally to a
dwelling.
cl 46A: Ins 2014
(139), Sch 1 [17].
47Isolation of
allotments
The consent authority must not grant consent to
any development on land within Zone 2 (b) if the proposed development will
have the effect of isolating land with an area of less than 1,200 square
metres and a width of less than 20 metres at the front building line so as to
preclude the reasonable development of that land.