Part 2.5Miscellaneous provisions
2.27Relevant acquisition authority
(1)
The objective of this section is to identify, for
the purposes of section 3.15 of the Act, the authority of the State that will
be the relevant authority to acquire land reserved for certain public purposes
if the land is required to be acquired under Division 3 of Part 2 of the
Land Acquisition (Just Terms Compensation) Act
1991 (the
owner-initiated acquisition provisions).
Note—
If the landholder will suffer hardship if there
is any delay in the land being acquired by the relevant authority, section 23
of the Land Acquisition (Just Terms
Compensation) Act 1991 requires the authority to acquire
the land.
(2)
The authority of the State that will be the
relevant authority to acquire land, if the land is required to be acquired
under the owner-initiated acquisition provisions, is the authority of the
State specified below in relation to the land shown on the Land Reservation Acquisition
Map (or, if an authority of the State is not specified in
relation to land required to be so acquired, the authority designated or
determined under those provisions).
Type of land
shown on Map
Authority of
the State
Zone SP2
Infrastructure and marked “Classified road”
Transport for
NSW
Zone RE1 Public
Recreation and marked “Local Open Space”
Penrith City
Council
(3)
Development on land acquired by an authority of
the State under the owner-initiated acquisition provisions may, before it is
used for the purpose for which it is reserved, be carried out, with
development consent, for any purpose.
2.28Industrial Release Area—satisfactory arrangements
for the provision of regional transport infrastructure and
services
(1)
This section applies to the land shown edged
heavy black on the Industrial Release Area Map, but does
not apply to any such land if the whole or any part of it is in a special
contributions area (as defined by section 7.1 of the
Act).
(2)
The object of this section is to require
assistance to authorities of the State towards the provision of regional
transport infrastructure and services (including the Erskine Park Link Road
Network) to satisfy needs that arise from development on land to which this
section applies.
(3)
Despite any other provision of this Chapter, the
consent authority must not consent to development on land to which this
section applies unless the Secretary has certified in writing to the consent
authority that satisfactory arrangements have been made to contribute to the
provision of regional transport infrastructure and services (including the
Erskine Park Link Road Network) in relation to the land to which this Chapter
applies.
(4)
Subsection (3) only applies if the land that is
the subject of the application for development consent was not being used for
industrial purposes immediately before the application was
made.
(5)
Subsection (3) does not apply in relation
to—
(a)
any land that is reserved exclusively for a
public purpose, or
(b)
any development that is, in the opinion of the
consent authority, of a minor nature.
2.29Controls relating to miscellaneous permissible
uses
(1)Industrial retail outlets
If development for the purposes of an industrial
retail outlet is permitted under this Chapter, the retail floor area must not
exceed—
(a)
20% of the combined gross floor area of the
industrial retail outlet and the building or place on which the relevant
industry is carried out, or
(b)
400 square metres,
whichever is the lesser.
(2)Neighbourhood shops
If development for the purposes of a
neighbourhood shop is permitted under this Chapter, the retail floor area must
not exceed 200 square metres.
2.30Design principles
In determining a development application that
relates to land to which this Chapter applies, the consent authority must take
into consideration whether or not—
(a)
the development is of a high quality design,
and
(b)
a variety of materials and external finishes for
the external facades are incorporated, and
(c)
high quality landscaping is provided,
and
(d)
the scale and character of the development is
compatible with other employment-generating development in the precinct
concerned.
2.31Preservation of trees or vegetation
(1)
The objective of this section is to preserve the
amenity of the area through the preservation of trees and other
vegetation.
(2)
This section applies to species or kinds of trees
or other vegetation that are prescribed for the purposes of this section by a
development control plan made under Division 3.6 of the Act.
Note—
Any such development control plan may prescribe
the trees or other vegetation to which this section applies by reference to
species, size, location or other manner.
(3)
A person must not ringbark, cut down, top, lop,
remove, injure or wilfully destroy any tree or other vegetation to which any
such development control plan applies without the authority conferred
by—
(a)
development consent, or
(b)
a permit granted by the Secretary as the relevant
planning authority for the purposes of Division 3.6 of the
Act.
(4)
This section does not apply to a tree or other
vegetation that the relevant council or the Secretary (as the relevant
planning authority for the purposes of Division 3.6 of the Act) is
satisfied—
(a)
is dying or dead and is not required as the
habitat of native fauna, or
(b)
is a risk to human life or
property.
(5)
This section does not apply to or in respect
of—
(a)
the clearing of native vegetation that is
authorised by a development consent or property vegetation plan under the
Native Vegetation Act 2003 or that is
otherwise permitted under Division 2 or 3 of Part 3 of that Act,
or
(b)
the clearing of vegetation on State protected
land (within the meaning of clause 4 of Schedule 3 to the Native Vegetation Act 2003) that is
authorised by a development consent under the provisions of the Native Vegetation Conservation Act 1997
as continued in force by that clause, or
(c)
trees or other vegetation within a State forest,
or land reserved from sale as a timber or forest reserve under the Forestry Act 1916,
or
(d)
action required or authorised to be done by or
under the Electricity Supply Act
1995, the Roads Act
1993 or the Surveying Act
2002, or
(e)
plants declared to be noxious weeds under the
Noxious Weeds Act
1993.
2.32Infrastructure development and use of existing buildings
of the Crown
(1)
This Chapter does not restrict or prohibit, or
enable the restriction or prohibition of, the carrying out of any development,
by or on behalf of a public authority, that is permitted to be carried out
without consent, or that is exempt development, under the State Environmental Planning Policy (Infrastructure)
2007.
(2)
This Chapter does not restrict or prohibit, or
enable the restriction or prohibition of, the use of existing buildings of the
Crown by the Crown.
2.33Development near zone boundaries
(1)
The objective of this section is to provide
flexibility where the investigation of a site and its surroundings reveals
that a use allowed on the other side of a zone boundary would enable a more
logical and appropriate development of the site and be compatible with the
planning objectives and land uses for the adjoining
zone.
(2)
This section applies to so much of any land that
is within the relevant distance of a boundary between any 2 zones. The
relevant distance
is—
(a)
in the case of a boundary to land zoned E2
Environmental Conservation—20 metres, or
(b)
in any other case—50
metres.
(3)
This section does not apply to—
(aa)
land identified as avoided land under State Environmental Planning Policy (Biodiversity and
Conservation) 2021, Chapter 13, or
(a)
land within the coastal zone,
or
(b)
land proposed to be developed for the purpose of
sex services or restricted premises.
(4)
Despite the provisions of this Chapter relating
to the purposes for which development may be carried out, consent may be
granted to development of land to which this section applies for any purpose
that may be carried out in the adjoining zone, but only if the consent
authority is satisfied that—
(a)
the development is not inconsistent with the
objectives for development in both zones, and
(b)
the carrying out of the development is desirable
due to compatible land use planning, infrastructure capacity and other
planning principles relating to the efficient and timely development of
land.
(5)
The section does not prescribe a development
standard that may be varied under this Chapter.
s 2.33: Am 2022
(416), Sch 2.4[1].
2.34Development of land within or adjacent to transport
investigation area
(1)
Consent must not be granted to development in the
area marked “Transport Investigation Areas A and B” on the Land Zoning
Map that has a capital investment value of more than
$200,000 without the concurrence of Transport for NSW.
(2)
In determining whether to provide concurrence,
Transport for NSW is to take into account the likely effect of the development
on—
(a)
the practicability and cost of carrying out
transport projects on the land in the future, and
(b)
without limiting paragraph (a), the structural
integrity or safety of, or ability to operate, transport projects on the land
in the future, and
(c)
without limiting paragraph (a), the land
acquisition costs and the costs of construction, operation or maintenance of
transport projects on the land in the future, and
(d)
in relation to Transport Investigation Area
A—current or future development and operation of an intermodal terminal,
including whether the development for which consent is sought is likely to
impede access to or from an intermodal terminal.
(3)
In this section—
capital investment
value has the same meaning as in the Environmental Planning and Assessment Regulation
2000.
intermodal
terminal means an area of land used to transfer freight
between at least two modes of transport.
2.35Development within the Mamre Road
Precinct
(1)
Consent must not be granted to development on the
land identified on the Land Application Map as Precinct 12
(Mamre Road) that has a capital investment value of more than $200,000 without
the concurrence of Transport for NSW.
(2)
In determining whether to provide concurrence,
Transport for NSW is to take into account the likely effect of the development
on—
(a)
the compatibility of the proposed development
with the delivery of an integrated freight network, including use of fire
access roads and connection to the fire access roads of adjoining land,
and
(b)
the operation of an integrated freight network,
including whether the development is likely to impede access to or from the
integrated freight network, and
(c)
the practicability and cost of carrying out
transport projects on the land in the future.
(3)
In this section—
capital investment
value has the same meaning as in the Environmental Planning and Assessment Regulation
2000.
integrated freight
network means a network of transport corridors within the
Mamre Road precinct that allow freight to be transported from an intermodal
terminal (within the meaning of section 2.34) to development sites in the
Mamre Road precinct.
2.36Development in areas subject to aircraft
noise
(1)
The objectives of this section are as
follows—
(a)
to prevent certain noise sensitive developments
from being located near the Airport and its flight paths,
(b)
to assist in minimising the impact of aircraft
noise from the Airport and its flight paths by requiring appropriate noise
attenuation measures in noise sensitive buildings,
(c)
to ensure that land use and development in the
vicinity of the Airport do not hinder, or have other adverse impacts on, the
ongoing, safe and efficient operation of the
Airport.
(2)
This section applies to development—
(a)
on land that is—
(i)
in the vicinity of the Airport and its flight
paths, and
(ii)
in either an ANEF contour of 20 or greater or an
ANEC contour of 20 or greater, and
(b)
that the consent authority considers is likely to
be adversely affected by aircraft noise.
(2A)
Despite subsection (2), this section does not
apply to development on land to which State
Environmental Planning Policy (Precincts—Western Parkland City)
2021, Chapter 4 applies.
(3)
Before determining a development application for
development to which this section applies, the consent authority—
(a)
must consider whether the development will result
in an increase in the number of dwellings or people affected by aircraft
noise, and
(b)
must consider the location of the development in
relation to the criteria set out in Table 2.1 (Building Site Acceptability
Based on ANEF Zones) in AS
2021:2015, and
(c)
must be satisfied that the development will meet
the indoor design sound levels set out in Table 3.3 (Indoor Design Sound
Levels for Determination of Aircraft Noise Reduction) in AS
2021:2015.
(4)
Despite another provision of this Chapter,
development consent must not be granted to development on land to which this
section applies for the purposes of a place of public worship, a centre-based
child care facility or a TAFE establishment or for residential
development.
(5)
In this section—
ANEC contour means a
contour on the Australian Noise Exposure Concept Map for the Airport,
published on the Department’s website.
ANEF contour means a
noise exposure contour shown as an ANEF contour on the Noise Exposure Forecast
Contour Map for the Airport prepared by the Department of the Commonwealth
responsible for airports.
AS 2021:2015 means
AS 2021:2015, Acoustics—Aircraft noise intrusion—Building
siting and construction.
(6)
For the purposes of this section, a reference to
ANEF in AS 2021:2015 is
taken to include a reference to ANEC.
s 2.36: Am 2022
(112), Sch 2.3.
2.37Airspace operations
(1)
The objectives of this section are as
follows—
(a)
to provide for the effective and ongoing
operation of the Airport by ensuring that such operation is not compromised by
proposed development that penetrates the prescribed airspace for the
Airport,
(b)
to protect the community from undue risk from
that operation.
(2)
If a development application is received and the
consent authority is satisfied that the proposed development will penetrate
the prescribed airspace, before granting development consent, the consent
authority must consult with the relevant Commonwealth body about the
application.
(3)
The consent authority may grant development
consent for the development if the relevant Commonwealth body advises
that—
(a)
the development will penetrate the prescribed
airspace but it has no objection to its construction, or
(b)
the development will not penetrate the prescribed
airspace.
(4)
To avoid doubt, the consent authority must not
grant development consent for the development if the relevant Commonwealth
body advises that the development will penetrate the prescribed airspace and
should not be constructed.
(5)
In this section—
OLS and PANS-OPS surface have
the same meanings as in the Airports (Protection of Airspace)
Regulations 1996 of the Commonwealth.
prescribed
airspace means the airspace—
(a)
above any part of either an OLS or a PAN-OPS
surface for the Airport, and
(b)
declared under regulation 5 of the Airports
(Protection of Airspace) Regulations 1996 of the
Commonwealth relating to the Airport, under section 181(1) of the Airports Act
1996 of the Commonwealth.
relevant Commonwealth
body means—
(a)
the airport-operator company for the Airport
(within the meaning of the Airports Act 1996
of the Commonwealth), or
(b)
if there is no airport-operator company for the
Airport—the Secretary of the body, under Commonwealth legislation, that
is responsible for development approvals for development that penetrates the
prescribed airspace.
2.38Development of land adjacent to
Airport
(1)
The objectives of this section are as
follows—
(a)
to provide for the effective and ongoing
operation of the Airport by ensuring that such operation is not compromised by
proposed development in close proximity to the Airport,
(b)
to protect the community from undue risk from
that operation.
(2)
This section applies to development on land, any
part of which is less than 13 kilometres from a boundary of the
Airport.
(3)
The consent authority must not grant consent for
development to which this section applies unless the consent authority is
satisfied that the proposed development will not attract birds or animals of a
kind and in numbers that are likely to increase the hazards of operating an
aircraft.
2.39Water recycling and conservation
(1)
This section applies to land—
(a)
that is serviced by a water recycling facility,
or
(b)
that will be serviced by a water recycling
facility as soon as the facility becomes
operational.
(2)
A consent authority must not grant consent to the
carrying out of development on land unless the consent authority is satisfied
that recycled water from the water recycling facility will be provided to the
development.
(3)
However, the consent authority may grant consent
if it is satisfied that the development will be provided with recycled water
from a water recycling or water conservation system approved by the Minister
and specified in the Table to this section.
Table of approved systems
Note—
On the commencement of this Chapter, the Table
was blank.
2.40Earthworks
(1)
The objectives of this section are as
follows—
(a)
to ensure that earthworks for which development
consent is required will not have a detrimental impact on environmental
functions and processes, neighbouring uses, cultural or heritage items or
features of the surrounding land,
(b)
to allow earthworks of a minor nature without
separate development consent.
(2)
Development consent is required for earthworks
unless—
(a)
the work is exempt development under this Chapter
or another applicable environmental planning instrument,
or
(b)
the work is ancillary to other development for
which development consent has been given.
(3)
Before granting development consent for
earthworks, the consent authority must consider the following
matters—
(a)
the likely disruption of, or detrimental effect
on, existing drainage patterns and soil stability in the
locality,
(b)
the effect of the proposed development on the
likely future use or redevelopment of the land,
(c)
the quality of the fill or the soil to be
excavated, or both,
(d)
the effect of the proposed development on the
existing and likely amenity of adjoining properties,
(e)
the source of fill material and the destination
of excavated material,
(f)
the likelihood of disturbing
relics,
(g)
the proximity to and potential for adverse
impacts on a waterway, drinking water catchment or environmentally sensitive
area,
(h)
appropriate measures proposed to avoid, minimise
or mitigate the impacts of the development,
(i)
the proximity to and potential for adverse
impacts on a heritage item, an archaeological site, or a heritage conservation
area,
(j)
the visual impact of earthworks as viewed from
the waterways.
Note 1—
The National Parks
and Wildlife Act 1974, particularly section 86, deals with
disturbing or excavating land and Aboriginal objects.
Note 2—
Sydney Regional Environmental
Plan No 20—Hawkesbury-Nepean River (No
2—1997) requires development consent for the
“Filling of land, including submerged aquatic land, by raising the
ground level through disposal of spoil from any landfill method (such as
mining, dredging or refuse dumping), whether or not to enable the construction
of a road or the erection of buildings or pylons or any other structure, where
filling exceeds 1 metre in depth, or an area of 100 square
metres”.
2.41Development on flood prone land
(1)
This section applies to development requiring
consent that is carried out on flood prone land.
(2)
Consent is not to be granted to the carrying out
of development to which this section applies unless the consent authority has
taken into consideration whether or not—
(a)
the development will adversely affect flood
behaviour resulting in detrimental increases in the potential flood
affectation of other development or properties, and
(b)
the development will alter flow distributions and
velocities to the detriment of other properties or the environment of the
floodplain, and
(c)
the development will enable safe occupation of
the flood prone land, and
(d)
the development will detrimentally affect the
floodplain environment or cause avoidable erosion, siltation, salinity,
destruction of riparian vegetation or a reduction in the stability of the
riverbank/watercourse, and
(e)
the development will be likely to result in
unsustainable social and economic costs to the flood affected community or
general community, as a consequence of flooding, and
(f)
the development is compatible with the flow
conveyance function of the floodway, and
(g)
the development is compatible with the flood
hazard, and
(h)
in the case of development consisting of the
excavation or filling of land, the development—
(i)
will detrimentally affect the existing drainage
patterns and soil stability in the locality, and
(ii)
will adversely impact or alter flood
behaviour.
Note—
Section 2.40 contains other matters that the
consent authority must consider before granting development consent for
earthworks.
2.42Heritage conservation
Note—
Heritage items (if any) are listed and described
in Schedule 3. Heritage conservation areas (if any) are shown on the Heritage
Map as well as being described in Schedule
3.
(1)Objectives
The objectives of this section are as
follows—
(a)
to conserve the environmental heritage of the
Western Sydney Employment Area,
(b)
to conserve the heritage significance of heritage
items and heritage conservation areas, including associated fabric, settings
and views,
(c)
to conserve archaeological
sites,
(d)
to conserve Aboriginal objects and Aboriginal
places of heritage significance.
(2)Requirement for consent
Development consent is required for any of the
following—
(a)
demolishing or moving any of the following or
altering the exterior of any of the following (including, in the case of a
building, making changes to its detail, fabric, finish or
appearance)—
(i)
a heritage item,
(ii)
an Aboriginal object,
(iii)
a building, work, relic or tree within a heritage
conservation area,
(b)
altering a heritage item that is a building by
making structural changes to its interior or by making changes to anything
inside the item that is specified in Schedule 3 in relation to the
item,
(c)
disturbing or excavating an archaeological site
while knowing, or having reasonable cause to suspect, that the disturbance or
excavation will or is likely to result in a relic being discovered, exposed,
moved, damaged or destroyed,
(d)
disturbing or excavating an Aboriginal place of
heritage significance,
(e)
erecting a building on land—
(i)
on which a heritage item is located or that is
within a heritage conservation area, or
(ii)
on which an Aboriginal object is located or that
is within an Aboriginal place of heritage
significance,
(f)
subdividing land—
(i)
on which a heritage item is located or that is
within a heritage conservation area, or
(ii)
on which an Aboriginal object is located or that
is within an Aboriginal place of heritage
significance.
(3)When consent not required
However, development consent under this section
is not required if—
(a)
the applicant has notified the consent authority
of the proposed development and the consent authority has advised the
applicant in writing before any work is carried out that it is satisfied that
the proposed development—
(i)
is of a minor nature or is for the maintenance of
the heritage item, Aboriginal object, Aboriginal place of heritage
significance or archaeological site or a building, work, relic, tree or place
within the heritage conservation area, and
(ii)
would not adversely affect the heritage
significance of the heritage item, Aboriginal object, Aboriginal place,
archaeological site or heritage conservation area,
or
(b)
the development is in a cemetery or burial ground
and the proposed development—
(i)
is the creation of a new grave or monument, or
excavation or disturbance of land for the purpose of conserving or repairing
monuments or grave markers, and
(ii)
would not cause disturbance to human remains,
relics, Aboriginal objects in the form of grave goods, or to an Aboriginal
place of heritage significance, or
(c)
the development is limited to the removal of a
tree or other vegetation that the relevant council is satisfied is a risk to
human life or property, or
(d)
the development is exempt
development.
(4)Effect of proposed development on heritage
significance
The consent authority must, before granting
consent under this section in respect of a heritage item or heritage
conservation area, consider the effect of the proposed development on the
heritage significance of the item or area concerned. This subsection applies
regardless of whether a heritage management document is prepared under
subsection (5) or a heritage conservation management plan is submitted under
subsection (6).
(5)Heritage assessment
The consent authority may, before granting
consent to development—
(a)
on land on which a heritage item is located,
or
(b)
on land that is within a heritage conservation
area, or
(c)
on land that is within the vicinity of land
referred to in paragraph (a) or (b),
require a heritage management document to be prepared
that assesses the extent to which the carrying out of the proposed development
would affect the heritage significance of the heritage item or heritage
conservation area concerned.
(6)Heritage conservation management
plans
The consent authority may require, after
considering the heritage significance of a heritage item and the extent of
change proposed to it, the submission of a heritage conservation management
plan before granting consent under this section.
(7)Archaeological sites
The consent authority must, before granting
consent under this section to the carrying out of development on an
archaeological site (other than land listed on the State Heritage Register or
to which an interim heritage order under the Heritage Act
1977 applies)—
(a)
notify the Heritage Council of its intention to
grant consent, and
(b)
take into consideration a response received from
the Heritage Council within 28 days after the notice is
sent.
(8)Aboriginal places of heritage
significance
The consent authority must, before granting
consent under this section to the carrying out of development in an Aboriginal
place of heritage significance—
(a)
consider the effect of the proposed development
on the heritage significance of the place and an Aboriginal object known or
reasonably likely to be located at the place by means of an adequate
investigation and assessment (which may involve consideration of a heritage
impact statement), and
(b)
notify the local Aboriginal communities, in
writing or in such other manner as may be appropriate, about the application
and take into consideration a response received within 28 days after the
notice is sent.
(9)Demolition of nominated State heritage
items
The consent authority must, before granting
consent under this section for the demolition of a nominated State heritage
item—
(a)
notify the Heritage Council about the
application, and
(b)
take into consideration a response received from
the Heritage Council within 28 days after the notice is
sent.
(10)Conservation incentives
The consent authority may grant consent to
development for any purpose of a building that is a heritage item or of the
land on which such a building is erected, or for any purpose on an Aboriginal
place of heritage significance, even though development for that purpose would
otherwise not be allowed by this Chapter, if the consent authority is
satisfied that—
(a)
the conservation of the heritage item or
Aboriginal place of heritage significance is facilitated by the granting of
consent, and
(b)
the proposed development is in accordance with a
heritage management document that has been approved by the consent authority,
and
(c)
the consent to the proposed development would
require that all necessary conservation work identified in the heritage
management document is carried out, and
(d)
the proposed development would not adversely
affect the heritage significance of the heritage item, including its setting,
or the heritage significance of the Aboriginal place of heritage significance,
and
(e)
the proposed development would not have a
significant adverse effect on the amenity of the surrounding
area.
2.43Consent for clearing native
vegetation
(1)
A person must not clear native vegetation on land
in Zone C2 Environmental Conservation or Zone RE1 Public Recreation without
development consent.
Note—
In addition to a consent of the relevant council
required under this section, it may be necessary to obtain other consents or
authorisations for the clearing of native vegetation. See, for example, the
Biodiversity Conservation Act
2016.
(2)
Development consent under this section is not to
be granted unless the consent authority is satisfied of the following in
relation to the disturbance of native vegetation caused by the clearing of the
vegetation—
(a)
that there is no reasonable alternative available
to the disturbance of the native vegetation,
(b)
that any impact of the proposed clearing on
biodiversity values is avoided or minimised,
(c)
that the disturbance of the native vegetation
will not increase salinity,
(d)
that native vegetation inadvertently disturbed
for the purposes of construction will be re-instated where possible on
completion of construction,
(e)
that the loss of remnant native vegetation caused
by the disturbance will be compensated by revegetation on or near the land to
avoid a net loss of remnant native vegetation,
(f)
that the clearing of the vegetation is unlikely
to cause or increase soil erosion, salination, land slip, flooding, pollution
or other adverse land or water impacts.
(3)
The consent authority must, when determining a
development application in respect of the clearing of native vegetation on
land zoned E2 Environmental Conservation have regard to the objectives for
development in that zone.
(4)
This section does not apply to or in respect of
action required or authorised to be done by or under the Electricity Supply Act 1995, the Roads Act 1993, the Surveying and Spatial Information Act
2002 or the Sydney Water Act
1994.
(5)
Subsections (1) and (2) do not apply to land
identified as avoided land under State
Environmental Planning Policy (Biodiversity and Conservation)
2021, Chapter 13.
s 2.43: Am 2022
(416), Sch 2.4[2][3].
2.44Stormwater, water quality and water sensitive
design
(1)
The objective of this section is to avoid or
minimise the adverse impacts of stormwater on the land on which development is
to be carried out, adjoining properties, riparian land, native bushland,
waterways, groundwater dependent ecosystems and groundwater
systems.
(2)
Before granting development consent to
development on land to which this Chapter applies, the consent authority must
take into consideration whether—
(a)
water sensitive design principles are
incorporated into the design of the development, and
(b)
riparian, stormwater and flooding measures are
integrated, and
(c)
the stormwater management system includes all
reasonable management actions to avoid adverse impacts on the land to which
the development is to be carried out, adjoining properties, riparian land,
native bushland, waterways, groundwater dependent ecosystems and groundwater
systems, and
(d)
if a potential adverse environmental impact
cannot be feasibly avoided, the development minimises and mitigates the
adverse impacts of stormwater runoff on adjoining properties, riparian land,
native bushland, waterways, groundwater dependent ecosystems and groundwater
systems, and
(e)
the development will have an adverse impact
on—
(i)
the water quality or quantity in a waterway,
including the water entering the waterway, and
(ii)
the natural flow regime, including groundwater
flows to a waterway, and
(iii)
the aquatic environment and riparian land
(including aquatic and riparian species, communities, populations and
habitats), and
(iv)
the stability of the bed, banks and shore of a
waterway, and
(f)
the development includes measures to retain,
rehabilitate and restore riparian land.
(3)
For the purposes of subsection (2)(a), the
water sensitive design
principles are as follows—
(a)
protection and enhancement of water quality, by
improving the quality of stormwater runoff from
catchments,
(b)
minimisation of harmful impacts of development on
water balance and on surface and groundwater flow regimes,
(c)
integration of stormwater management systems into
the landscape in a manner that provides multiple benefits, including water
quality protection, stormwater retention and detention, public open space,
habitat improvement and recreational and visual amenity,
(d)
retention, where practical, of on-site stormwater
for use as an alternative supply to mains water, groundwater or river
water.
2.45Savings provisions
(1)
Except for section 2.28, this Chapter does not
apply to or in respect of a development application (including a staged
development application) made (but not finally determined) before the
commencement of this Chapter.
(2)
Except for the amendment made to section 12 and
subject to subsection (3), the amendments to this Chapter made by State
Environmental Planning Policy (Western Sydney Employment Area) Amendment
2020 do not apply to or in respect of a development
application (including a staged development application) made (but not finally
determined) before the commencement of State Environmental Planning Policy
(Western Sydney Employment Area) Amendment
2020.
(3)
The amendments to this Chapter made by State
Environmental Planning Policy (Western Sydney Employment Area) Amendment
2020 apply to or in respect of a development application
(including a staged development application) relating to development on the
land identified on the Land Application Map as Precinct 12
(Mamre Road) made (but not finally determined) before the commencement of
State
Environmental Planning Policy (Western Sydney Employment Area) Amendment
2020.
(4)
The amendments made to this Chapter by State
Environmental Planning Policy (Biodiversity and Conservation) Amendment
(Strategic Conservation Planning) 2022 do not apply to a
development application made, and not finally determined, before the
commencement of that Policy.
s 2.45: Am 2022
(416), Sch 2.4[4].