Part 4General
12AExceptions to development standards
(1)
The objectives of this clause are as
follows—
(a)
to provide an appropriate degree of flexibility
in applying certain development standards to particular
development,
(b)
to achieve better outcomes for and from
development by allowing flexibility in particular
circumstances.
(2)
Development consent may, subject to this clause,
be granted for development even though the development would contravene a
development standard imposed by this or any other environmental planning
instrument. However, this clause does not apply to a development standard that
is expressly excluded from the operation of this clause.
(3)
Development consent must not be granted for
development that contravenes a development standard unless the consent
authority has considered a written request from the applicant that seeks to
justify the contravention of the development standard by
demonstrating—
(a)
that compliance with the development standard is
unreasonable or unnecessary in the circumstances of the case,
and
(b)
that there are sufficient environmental planning
grounds to justify contravening the development
standard.
(4)
Development consent must not be granted for
development that contravenes a development standard unless—
(a)
the consent authority is satisfied
that—
(i)
the applicant’s written request has
adequately addressed the matters required to be demonstrated by subclause (3),
and
(ii)
the proposed development will be in the public
interest because it is consistent with the objectives of the particular
standard and the objectives for development within the zone in which the
development is proposed to be carried out, and
(b)
the concurrence of the Planning Secretary has
been obtained.
(5)
In deciding whether to grant concurrence, the
Planning Secretary must consider—
(a)
whether contravention of the development standard
raises any matter of significance for State or regional environmental
planning, and
(b)
the public benefit of maintaining the development
standard, and
(c)
any other matters required to be taken into
consideration by the Planning Secretary before granting
concurrence.
(6)
After determining a development application made
pursuant to this clause, the consent authority must keep a record of its
assessment of the factors required to be addressed in the applicant’s
written request referred to in subclause (3).
(7)
This clause does not allow development consent to
be granted for development that would contravene any of the
following—
(a)
a development standard for complying
development,
(b)
a development standard that arises, under the
regulations under the Act, in connection with a commitment set out in a BASIX
certificate for a building to which State Environmental
Planning Policy (Building Sustainability Index: BASIX)
2004 applies or for the land on which such a building is
situated.
cl 12A: Ins 2019
(659), Sch 1.28.
13Suspension of certain provisions of Local Government Act
1993
(1)
For the purpose of enabling development to be
carried out in accordance with clause 10 of this Policy (as in force at the
time the development is carried out), items 1, 2 and 4 of Part A of the Table
to section 68 of the Local Government Act
1993, and section 68 of that Act in its application to
those items, to the extent necessary to serve that purpose, do not apply to
development for the purpose of temporary structures for film making
purposes.
(2)
Pursuant to section 28 of the Environmental Planning and Assessment Act
1979, before the making of this clause—
(a)
the Minister for the time being administering the
provisions of the Local Government Act
1993 referred to in subclause (1) concurred in writing in
the recommendation for the approval of the Governor of subclause (1),
and
(b)
the Governor approved of subclause
(1).
14Advertising development applications
(1)
Before the consent authority determines a
development application for consent to carry out development on the Moore Park
Showground, the consent authority must—
(a)
place a notice of that application in a newspaper
circulating in the locality and in the State, and
(b)
give written notice of that development
application to the Council of the City of South Sydney, the Centennial Park
and Moore Park Trust and adjoining properties, and
(c)
cause a notice to be displayed on the land on
which the development is proposed to be carried
out.
(2)
A notice referred to in subclause (1) must
include a statement that the development application is available for
inspection at particular venues and over a period of not less than 28 days
commencing from a specified date.
(3)
The consent authority is taken to have given
notice referred to in subclause (1) (b) if arrangements have been made to
deliver the notices by way of a postal service.
(4)
The consent authority may waive compliance with
this clause if the consent authority is of the opinion that the development
application is for a minor matter.
cl 14: Am 1.11.1996;
2005 (194), Sch 4.12 [2].
15Matters for consideration
In addition to considering other matters referred
to in section 90 of the Environmental Planning and Assessment
Act 1979, in determining a development application, the
consent authority must consider such of the following matters as are in the
consent authority’s opinion of relevance to the
development—
(a)
the management of noise emanating from the
development,
(b)
traffic and parking generated by the development,
measures to facilitate the use of public transport and the views of the Roads
and Traffic Authority and Department of Transport,
(c)
the height, scale and bulk of the development and
whether the development maintains the original road layout and
vistas,
(d)
overshadowing impacts on open spaces and
adjoining residential properties,
(e)
the capacity of on-site sewerage and drainage
systems and their performance in a manner that will not cause adverse effects
on the quality of the Centennial Park ponds and Botany
wetlands,
(f)
the extent to which the development is
ecologically sustainable,
(g)
whether there is contamination on the site, or
asbestos is present in buildings, and remediation and validation of
remediation so as to protect public health,
(h)
the appearance of external lighting at the site
and measures to minimise spill,
(i)
the impact of the development on the amenity of
the adjoining residential areas,
(j)
the provisions of the Conservation Strategy for
the Moore Park Showground,
(k)
how the proposed development would affect the
heritage significance of the site and any relic known or reasonably likely to
be located at the site.
cl 15: Am 2005 (194),
Sch 4.12 [2] [3]; 2008 (571), Sch 1.2; 2020 (667), Sch 2.2[1]
[2].
16Floor space
The consent authority must not grant consent to
an application to erect or alter a building on that part of the Moore Park
Showground shown diagonally hatched on the map if the total floor area of
buildings within that part will exceed 144,000 square metres.
cl 16: Am 2005 (194),
Sch 4.12 [2].
17Carrying out of public utility undertakings and certain
other development
Nothing in this Policy restricts or prohibits or
enables a consent authority to restrict or prohibit the carrying out of
development of any description specified in Schedule 1 to the Environmental Planning and Assessment Model Provisions
1980.
cl 17: Ins
1.11.1996.
17ATemporary use of land
(1)
The objective of this clause is to provide for
the temporary use of land if the use does not compromise future development of
the land, or have detrimental economic, social, amenity or environmental
effects on the land.
(2)
Despite any other provision of this Policy,
development consent may be granted for development on land in any zone for a
temporary use for a maximum period of 52 days (whether or not consecutive
days) in any period of 12 months.
(3)
Development consent must not be granted unless
the consent authority is satisfied that—
(a)
the temporary use will not prejudice the
subsequent carrying out of development on the land in accordance with this
Policy and any other applicable environmental planning instrument,
and
(b)
the temporary use will not adversely impact on
any adjoining land or the amenity of the neighbourhood,
and
(c)
the temporary use and location of any structures
related to the use will not adversely impact on environmental attributes or
features of the land, or increase the risk of natural hazards that may affect
the land, and
(d)
at the end of the temporary use period the land
will, as far as is practicable, be restored to the condition in which it was
before the commencement of the use.
(4)
Despite subclause (2), the temporary use of a
dwelling as a sales office for a new release area or a new housing estate may
exceed the maximum number of days specified in that
subclause.
(5)
Subclause (3)(d) does not apply to the temporary
use of a dwelling as a sales office mentioned in subclause
(4).
cll 17A: Ins 2019
(659), Sch 2.28.
17BConversion of fire alarms
(1)
This clause applies to a fire alarm system that
can be monitored by Fire and Rescue NSW or by a private service
provider.
(2)
The following development may be carried out, but
only with development consent—
(a)
converting a fire alarm system from connection
with the alarm monitoring system of Fire and Rescue NSW to connection with the
alarm monitoring system of a private service provider,
(b)
converting a fire alarm system from connection
with the alarm monitoring system of a private service provider to connection
with the alarm monitoring system of another private service
provider,
(c)
converting a fire alarm system from connection
with the alarm monitoring system of a private service provider to connection
with a different alarm monitoring system of the same private service
provider.
(3)
Development to which subclause (2) applies is
complying development if it consists only of—
(a)
internal alterations to a building,
or
(b)
internal alterations to a building together with
the mounting of an antenna, and any support structure, on an external wall or
roof of a building so as to occupy a space of not more than 450mm × 100mm
× 100mm.
(4)
A complying development certificate for any such
complying development is subject to a condition that any building work may
only be carried out between 7.00 am and 6.00 pm on Monday to Friday and
between 7.00 am and 5.00 pm on Saturday, and must not be carried out on a
Sunday or a public holiday.
(5)
In this clause—
private service
provider means a person or body that has entered into an
agreement that is in force with Fire and Rescue NSW to monitor fire alarm
systems.
cll 17B: Ins 2019
(659), Sch 2.28.
18Temporary use of land at Entertainment Quarter until 1
January 2023
(1)
Despite any other provision of this Policy,
development on the subject land for an approved temporary use during the
relevant period is permitted with consent.
(2)
Development permitted with consent under this
clause is complying development if the development—
(a)
meets the relevant provisions of the Building Code of
Australia, and
(b)
does not result in a building that exceeds 2
storeys or has a building height that exceeds 8 metres from ground level
(mean), and
(c)
does not result in a building with a gross floor
area that exceeds 1,500 square metres, and
(d)
does not result in more than 766 square metres of
the gross floor area of a building in area B being used for an approved
temporary use.
(3)
A complying development certificate issued for
complying development under this clause is subject to the following
conditions—
(a)
any premises on the subject land that are being
used for an approved temporary use must operate only between 6 am and 11 pm on
any day,
(b)
any premises on the subject land must cease to be
used for an approved temporary use before the end of the relevant
period,
(c)
any temporary structure on the subject land must
be removed before the end of the relevant period.
(4)
A complying development certificate issued for
complying development under this clause is also subject to the conditions
specified in clauses 1, 2, 5, 6, 8–10 and 12 of Schedule 8 to the
State Environmental Planning Policy (Exempt and Complying
Development Codes) 2008.
(5)
In this clause, words and expressions that are
not otherwise defined in this Policy have the same meanings as in the standard
instrument prescribed under the Standard Instrument
(Local Environmental Plans) Order
2006.
(6)
In this clause—
approved temporary
use means any of the following—
(a)
commercial premises,
(b)
health services facilities,
(c)
amusement and entertainment
facilities,
(d)
the construction, installation or removal of a
temporary structure used for commercial premises, health services facilities
or amusement and entertainment facilities.
area
A means the land shown coloured yellow on the Land Application
Map.
area
B means the land shown coloured green on the Land Application
Map.
commercial
premises has the same meaning as in the standard instrument
prescribed under the Standard Instrument (Local
Environmental Plans) Order 2006.
Land Application
Map means the State Environmental Planning Policy No 47—Moore Park
Showground (Amendment No 4) Land Application Map
that—
(a)
was approved by the Minister on the making of
State
Environmental Planning Policy No 47—Moore Park Showground (Amendment No
4), and
(b)
is kept and made available for public access in
accordance with arrangements approved by the Minister, and
(c)
is in, and kept and made available in, electronic
or paper form, or both.
relevant period means
the period commencing on the commencement of this clause and ending on 1
January 2023.
subject land means land in
area A or area B.
(7)
This clause ceases to have effect on 1 January
2023.
cl 18: Ins 2018
(719), Sch 1 [3]. Am 2018 (788), cl 4 (1) (2).