Part 1 Preliminary
pt 1, hdg: Ins 2009 (284), Sch 1 [1].
1 Name of Policy
This Policy is State Environmental Planning Policy (State Significant Precincts) 2005.cl 1: Am 2005 (392), Sch 1 [1]; 2009 (284), Sch 1 [2]; 2016 (153), cl 3 (1).
2 Aims of Policy
The aims of this Policy are as follows—(a), (b) (Repealed)(c) to facilitate the development, redevelopment or protection of important urban, coastal and regional sites of economic, environmental or social significance to the State so as to facilitate the orderly use, development or conservation of those State significant precincts for the benefit of the State,(d) to facilitate service delivery outcomes for a range of public services and to provide for the development of major sites for a public purpose or redevelopment of major sites no longer appropriate or suitable for public purposes.(e), (f) (Repealed)cl 2: Subst 2005 (392), Sch 1 [2]. Am 2009 (284), Sch 1 [3]; 2011 (511), Sch 6.12 [1]; 2016 (153), cl 3 (2).
2A Application of Policy—transitional Part 3A projects
(1) On the repeal of Part 3A of the Act, this Policy is subject to Schedule 6A to the Act.Note—Schedule 6A of the Act sets out those projects which will continue as Part 3A projects (transitional Part 3A projects) and revokes the declaration of any other Part 3A project.(2) The repeal of clauses 6–6C and Schedules 1, 2 and 5 of this Policy, and the other amendments made to this Policy, by the State Environmental Planning Policy (State and Regional Development) 2011 do not affect any of the following—(a) the declaration under this Policy of a project as a project or a critical infrastructure project under Part 3A, if that project is a transitional Part 3A project,(b) any certificate in force under clause 6C immediately before that repeal.cl 2A: Ins 2011 (511), Sch 6.12 [2].
3 Definitions and key concepts
(1) In this Policy—capital investment value has the same meaning as in the Environmental Planning and Assessment Regulation 2000.coastal lake means a body of water identified in Schedule 1 to State Environmental Planning Policy (Coastal Management) 2018.coastal zone has the same meaning as in the Coastal Management Act 2016.Sydney Harbour Foreshore Sites Map means the State Environmental Planning Policy (Major Development) 2005—Sydney Harbour Foreshore Sites Map.Sydney Harbour Port and Related Employment Lands Map means the State Environmental Planning Policy (Major Development) 2005—Sydney Harbour Port and Related Employment Lands Map.the Act means the Environmental Planning and Assessment Act 1979.Note—The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Policy.(2) Words and expressions used in this Policy have the same meaning as they have in Schedule 6A to the Act.(3) Notes included in this Policy do not form part of this Policy.cl 3: Am 2007 (171), Sch 1 [1]; 2009 (284), Sch 1 [4]; 2010 (173), Sch 1.2 [1] [2]; 2011 (511), Sch 6.12 [3]–[5]; 2018 (106), Sch 2.18 [1].
3A Maps
(1) A reference in this Policy to a named map adopted by this Policy is a reference to a map by that name—(a) approved by the Minister when the map is adopted, and(b) as amended or replaced from time to time by maps declared by environmental planning instruments to amend or replace that map, and approved by the Minister when the instruments are made.(2) Any 2 or more named maps may be combined into a single map. In that case, a reference in this Policy to any such named map is a reference to the relevant part or aspect of the single map.(3) Any such maps are to be kept and made available for public access in accordance with arrangements approved by the Minister.(4) For the purposes of this Policy, a map may be in, and may be kept and made available in, electronic or paper form, or both.cl 3A: Ins 2011 (511), Sch 6.12 [6].
4 Land to which Policy applies
This Policy applies to the State.
5 Relationship to other environmental planning instruments
Subject to section 74(1) of the Act, in the event of an inconsistency between this Policy and another environmental planning instrument whether made before or after the commencement of this Policy, this Policy prevails to the extent of the inconsistency.
Part 2 State significant precincts
pt 2, hdg: Ins 2009 (284), Sch 1 [5]. Am 2011 (511), Sch 6.12 [7]; 2016 (153), cl 3 (3).
6–6C (Repealed)
cl 6: Subst 2005 (392), Sch 1 [3]. Am 2005 (780), Sch 1 [1] [2]; 2007 (359), Sch 1 [1]. Rep 2011 (511), Sch 6.12 [8].
cl 6A: Ins 2005 (392), Sch 1 [3]. Rep 2011 (511), Sch 6.12 [8].
cl 6B: Ins 2005 (780), Sch 1 [3]. Rep 2011 (511), Sch 6.12 [8].
cl 6C: Ins 2011 (232), Sch 1 [1]. Rep 2011 (511), Sch 6.12 [8].
7 State significant precincts
(1) Schedule 3 describes State significant precincts.(2) The provisions in Schedule 3 relating to the carrying out of development on a State significant precinct have effect.cl 7: Am 2005 (392), Sch 1 [4]; 2011 (511), Sch 6.12 [9]; 2016 (153), cl 3 (2).
8 Guidelines for proposals for State significant precinct listing
(1) The Minister may publish guidelines for proposals to amend Schedule 3.(2) This clause does not preclude an amendment of Schedule 3 without compliance with those guidelines.cl 8: Am 2005 (392), Sch 1 [4]; 2007 (359), Sch 1 [2]. Subst 2016 (153), cl 3 (4).
9 (Repealed)
cl 9: Rep 2005 (392), Sch 1 [5].
9A Development for which Minister is consent authority under Part 4
(1) The Minister is the consent authority under Part 4 of the Act for any development requiring consent under that Part that is of a kind described in Schedule 6 to this Policy and is not a transitional Part 3A project, State significant development or State significant infrastructure.(2) (Repealed)(3) The provisions in Schedule 6 relating to the carrying out of development described in that Schedule have effect.cl 9A: Ins 2005 (392), Sch 1 [6]. Am 2005 (618), cl 4; 2005 (851), Sch 1 [1]; 2006 (495), Sch 1 [1]; 2011 (511), Sch 6.12 [10].
10 Exclusion of certain exempt or complying development
(1) If, but for this clause—(a) particular development would be a transitional Part 3A project, and(b) another provision of this Policy or a provision of another environmental planning instrument (whether made before or after this Policy takes effect) provides that the particular development is exempt or complying development, andthe particular development is not such a project.(c) the particular development is not carried out as part of or in conjunction with other development that is a transitional Part 3A project,(2) If, but for this clause—(a) particular development would be development for which the Minister is the consent authority because of clause 9A, and(b) another provision of this Policy or a provision of another environmental planning instrument (whether made before or after this Policy takes effect) provides that the particular development is exempt or complying development, andthe Minister is not the consent authority for the particular development, despite clause 9A.(c) the particular development is not carried out as part of or in conjunction with other development for which the Minister is the consent authority,cl 10: Subst 2005 (392), Sch 1 [7]. Am 2005 (780), Sch 1 [4]; 2007 (171), Sch 1 [2]–[4]; 2011 (511), Sch 6.12 [11]–[13].
10A Development that does not require consent under Part 4
Development specified in Schedule 7 is development that does not require consent under Part 4 of the Act.Note—As a consequence of the removal of the requirement for development consent under Part 4 of the Act, development specified in Schedule 7 will be subject to the environmental assessment and approval requirements of Part 5 of the Act (if it is not a transitional Part 3A project or State significant infrastructure).cl 10A: Ins 2007 (171), Sch 1 [5]. Am 2011 (511), Sch 6.12 [14].
10B (Repealed)
cl 10B: Ins 2007 (171), Sch 1 [5]. Am 2008 (557), Sch 1 [1]. Rep 2013 (706), Sch 2.13 [1].
11 Subdivision certificates for Part 3A projects
Subject to section 75S of the Act, a subdivision certificate may be issued by an accredited certifier for a subdivision that is a transitional Part 3A project in accordance with section 6.5(3)(a) of the Act.cl 11: Subst 2005 (392), Sch 1 [8]. Am 2011 No 62, Sch 2.34 [1]; 2018 (68), Sch 2 [1].
12 Walsh Bay—designated consent authority
(1) This Policy terminates the powers and functions of the Minister administering the Walsh Bay Development (Special Provisions) Act 1999 as the consent authority under the Environmental Planning and Assessment Act 1979 and appoints the Council of the City of Sydney as the consent authority for that development.(2) This clause does not affect the operation of Part 3A of the Act in relation any development at Walsh Bay that is a transitional Part 3A project.(3) This clause does not affect the operation of Division 4.7 or 5.2 of the Act in relation to any development at Walsh Bay that is development to which those provisions apply.Note—The above provision is authorised by section 9(3) of the Walsh Bay Development (Special Provisions) Act 1999.cl 12: Am 2005 (392), Sch 1 [9] [10]; 2011 (511), Sch 6.12 [15]–[17]; 2018 (68), Sch 2 [1].
12A Sydney Harbour Foreshore Sites—consent authority
(1) This clause applies to development on land identified as a Sydney Harbour Foreshore Site on the Sydney Harbour Foreshore Sites Map that is not State significant development.(2) Despite clauses 22(1) and 28(1) of Schedule 6 to the Act, the consent authority for development to which this clause applies is the Council of the City of Sydney.Note 1—The Sydney Harbour Foreshore Sites include land that was part of the Darling Harbour Development Area and land that was part of the Sydney Cove Development Area.Note 2—The Council of the City of Sydney is the consent authority for development on land in the Sydney Harbour Foreshore Sites that is in Walsh Bay (under Sydney Regional Environmental Plan No 16—Walsh Bay) and the Bank Street Precinct, Circular Quay and the Sydney Casino (under Sydney Local Environmental Plan 2005).cl 12A: Ins 2009 (162), Sch 1 [1]. Am 2011 (511), Sch 6.12 [18].
Part 3
13–13G (Repealed)
pt 3, hdg: Ins 2009 (284), Sch 1 [6]. Rep 2011 (511), Sch 6.12 [19].
pt 3: Rep 2011 (511), Sch 6.12 [19].
pt 3, div 1: Ins 2009 (284), Sch 1 [6]. Rep 2011 (511), Sch 6.12 [19].
cl 13: Rep 2005 (194), cl 13 (2). Ins 2007 (456), Sch 1 [1]. Rep 2008 No 62, Sch 4. Ins 2009 (284), Sch 1 [6]. Am 2011 (103), Sch 1.10 [1]. Rep 2011 (511), Sch 6.12 [19].
pt 3, div 2: Ins 2009 (284), Sch 1 [6]. Rep 2011 (511), Sch 6.12 [19].
cll 13A: Ins 2009 (284), Sch 1 [6]. Rep 2011 (511), Sch 6.12 [19].
cll 13B: Ins 2009 (284), Sch 1 [6]. Rep 2011 (511), Sch 6.12 [19].
cl 13C: Ins 2009 (284), Sch 1 [6]. Am 2010 (193), Sch 1 [1]; 2011 (232), Sch 1 [2] [3]. Rep 2011 (511), Sch 6.12 [19].
cl 13D: Ins 2009 (284), Sch 1 [6]. Subst 2009 (412), Sch 1 [1]. Rep 2011 (511), Sch 6.12 [19].
cl 13E: Ins 2009 (284), Sch 1 [6]. Rep 2009 (412), Sch 1 [1].
pt 3, div 3: Ins 2009 (284), Sch 1 [6]. Rep 2011 (511), Sch 6.12 [19].
cl 13F: Ins 2009 (284), Sch 1 [6]. Am 2010 (193), Sch 1 [2] [3]. Rep 2011 (511), Sch 6.12 [19].
cl 13G: Ins 2009 (284), Sch 1 [6]. Am 2009 (412), Sch 1 [2]; 2010 (193), Sch 1 [4]. Rep 2011 (511), Sch 6.12 [19].
Part 4 Miscellaneous
pt 4, hdg: Ins 2009 (284), Sch 1 [7].
14 Transitional provisions
(1) If, immediately before the commencement of this Policy on 25 May 2005—(a) a development application in respect of any development had been made but not finally determined, andthis Policy (as in force on that commencement) does not apply to or in respect of the determination of that development application.(b) the development was not State significant development,(2) If, immediately before the commencement of this Policy on 25 May 2005—(a) a development application in respect of any development had been made but not finally determined, andthis Policy (as in force on that commencement) applies to and in respect of the determination of that development application.(b) the development was State significant development,(3) Subclauses (1) and (2) are subject to the provisions of Part 3A of the Act and the regulations made under the Act for the purposes of that Part.(4) Subject to subclause (3), this Policy does not operate to make the carrying out of development for the purposes of a mine, as described in item 7 of Schedule 1 to the Environmental Planning and Assessment Model Provisions 1980, a project to which Part 3A of the Act applies if the carrying out of the development would be prohibited or require consent but for the authority conferred by—(a) the adoption of clause 35 and that item of those Model Provisions under an environmental planning instrument applying to the land concerned, or(b) a provision of an environmental planning instrument, applying to the land concerned, that has the same effect in relation to mines as clause 35 and that item of those Model Provisions.(5) Subclause (4) ceases to have effect—(a) in relation to development carried out underground—on 1 August 2010, or(b) in any other case—on 1 August 2007.(6) For the avoidance of any doubt, nothing in subclause (4) prevents an application to carry out development for the purposes of a mine from being made during the transitional period (as referred to in subclause (5)) for the type of development concerned.cl 14: Am 2005 (392), Sch 1 [11]. Subst 2005 (780), Sch 1 [5].
15 (Repealed)
cl 15: Am 2005 (392), Sch 1 [12] [13]. Rep 2011 (511), Sch 6.12 [20].
16 Savings and transitional provisions
(1) Despite clause 6(3), the amendments made to this Policy by the following Policies extend to project applications under Part 3A of the Act, and development applications under Part 4 of the Act, made but not finally determined before the commencement of those amendments—(2) The amendments made to this Policy by the following Policies do not extend to project applications under Part 3A of the Act, and development applications under Part 4 of the Act, made but not finally determined before the commencement of those amendments—Note—See also clause 6(3).(2A) Anything done under Part 3A of the Act in reliance on a declaration by this Policy of development described in a Schedule to this Policy to be a project to which Part 3A applies is not affected by the repeal of that description of that development in that Schedule, but only if that project continues to be a Part 3A project by the inclusion of the description of that development in another Schedule to this Policy.(2B) For the purposes of this clause, a reference to a development application made but not finally determined before the commencement of State Environmental Planning Policy (Major Projects) Amendment (Joint Regional Planning Panels) 2009 includes a reference to a development application (whether or not made after that commencement) if it arises out of a staged development application made but not determined before that commencement.(2C) A reference in any instrument to the State Environmental Planning Policy (Major Projects) 2005 is taken to be a reference to the State Environmental Planning Policy (Major Development) 2005.(2D) The amendments made by State Environmental Planning Policy (Major Development) Amendment (Wagga Wagga and Western Region Regional Panels) 2009 apply to a development application made under Part 4 of the Act, but not finally determined before the commencement of those amendments, if the development application relates to proposed development in the area of Wagga Wagga City.(2E) Except as provided by subclause (2D), the amendments made by State Environmental Planning Policy (Major Development) Amendment (Wagga Wagga and Western Region Regional Panels) 2009 do not apply to a development application made under Part 4 of the Act, but not finally determined, before the commencement of those amendments.(2F) The amendments made by State Environmental Planning Policy (State and Regional Development) 2011 to Schedule 6 to this Policy do not apply to a development application made, but not finally determined, before the commencement of those amendments.(2G) The amendments made to this Policy by State Environmental Planning Policy Amendment (Artisan Food and Drink Industries) 2018 and State Environmental Planning Policy Amendment (Land Use Terms) 2018 do not apply to a development application made but not determined before the commencement of those amendments.(3) In this clause—project application means—(a) an application for approval of a concept plan, or(b) an application for approval to carry out a project (or a part or aspect of a project), or(c) an application for approval of a concept plan and to carry out a project (or a part or aspect of a project).cl 16: Ins 2006 (495), Sch 1 [2]. Subst 2006 (665), Sch 1 [1]. Am 2007 (171), Sch 1 [6]; 2007 (359), Sch 1 [3]; 2007 (511), Sch 1 [1]; 2008 (495), Sch 1 [1]; 2008 (496), Sch 1 [1]; 2009 (162), Sch 1 [2]; 2009 (284), Sch 1 [8] [9]; 2009 (412), Sch 1 [3]; 2010 (615), Sch 1.1 [1]; 2011 (511), Sch 6.12 [21]; 2018 (488), Sch 2.2 [1].
17 Transitional provisions—residential, commercial or retail projects and coastal subdivision
(1) This Policy continues to apply in respect of the following development that is a transitional Part 3A project under Schedule 6A to the Act, as if Group 5 of Schedule 1 and clause 1 of Schedule 2 had not been repealed by State Environmental Planning Policy (Major Development) Amendment 2011—(a) residential, commercial or retail development,(b) coastal subdivision development.Note—Schedule 6A to the Act continues projects saved by this clause as transitional Part 3A projects and applies Part 3A of the Act (now repealed) as modified by that Schedule to those projects.(2)–(8) (Repealed)(9) In this clause—coastal subdivision development means development—(a) of a kind referred to in clause 1 of Schedule 2, as in force immediately before the commencement of State Environmental Planning Policy (Major Development) Amendment 2011, or(b) that, immediately before that commencement, continued to be development referred to in clause 1 of Schedule 2 because of the operation of clause 16(2) of this Policy.residential, commercial or retail development means development—(a) of a kind referred to in Group 5 of Schedule 1, as in force immediately before the commencement of the State Environmental Planning Policy (Major Development) Amendment 2011, or(b) that, immediately before that commencement, continued to be development referred to in Group 5 of Schedule 1 because of the operation of clause 16(2) of this Policy.cl 17: Ins 2011 (232), Sch 1 [4]. Am 2011 (511), Sch 6.12 [22] [23].
18 Savings provision—Warnervale Town Centre
(1) This Policy continues to apply to development carried out in Warnervale Town Centre that is a transitional Part 3A project under Schedule 6A to the Act as if Part 16 of Schedule 3 to this Policy had not been repealed by State Environmental Planning Policy Amendment (Miscellaneous) 2012.(2) In this clause—Warnervale Town Centre means the land shown on the State Environmental Planning Policy (Major Projects) 2005 (Amendment No 24)—Warnervale Town Centre—Land Application Map as in force immediately before the commencement of State Environmental Planning Policy Amendment (Miscellaneous) 2012.cl 18: Ins 2012 (473), Sch 1 [1].
Schedules 1, 2 (Repealed)
sch 1, hdg: Am 2005 (392), Sch 1 [14]. Rep 2011 (511), Sch 6.12 [24].
sch 1: Am 2005 (392), Sch 1 [15]–[19]; 2005 (780), Sch 1 [6]; 2006 No 58, Sch 2.56 [1]; 2006 (581), Sch 1; 2006 No 120, Sch 2.88 [1]; 2006 (720), Sch 2; 2007 (171), Sch 1 [7]–[9]; 2007 (359), Sch 1 [4]–[11]; 2009 (91), Sch 3.14; 2009 (284), Sch 1 [10] [11]; 2009 (342), Sch 1 [1] [2]; 2011 (232), Sch 1 [5]. Rep 2011 (511), Sch 6.12 [24].
sch 2, hdg: Am 2005 (392), Sch 1 [20]. Rep 2011 (511), Sch 6.12 [25].
sch 2: Am 2005 (392), Sch 1 [21] [22]; 2005 (780), Sch 1 [7] [8]; 2005 (851), Sch 1 [2] [3]; 2006 (495), Sch 1 [3] [4]; 2006 (539), Sch 1; 2007 (171), Sch 1 [10]–[12]; 2007 (359), Sch 1 [12]–[22]; 2007 (511), Sch 1 [2] [3]; 2007 (641), Sch 5.43 [1]; 2009 (162), Sch 1 [3] [4]; 2009 (284), Sch 1 [12]–[14]; 2009 (342), Sch 1 [3] [4]; 2009 (494), Sch 1 [1]; 2010 (193), Sch 1 [5]; 2010 (281), Sch 2; 2011 (232), Sch 1 [6]. Rep 2011 (511), Sch 6.12 [25].
Schedule 3 State significant precincts
(Clauses 6 and 7)
sch 3, hdg: Am 2016 (153), cl 3 (3).
Part 1 Sydney Opera House
Division 1
1 (Repealed)
Division 2 Exempt development
2 Definition
In this Division—CMP means the conservation management plan for the Sydney Opera House and its site as adopted and published for the time being by the Sydney Opera House Trust.
3 Exempt development
The development described in this Division is exempt development if it is of minimal environmental impact and complies with the applicable requirements under this Division.
4 Minor Repairs
(1) Exempt development includes minor repairs, including the replacement of missing, damaged or deteriorated fabric that is beyond further maintenance.(2) Any such exempt development must comply with the following requirements—(a) the repairs must not adversely affect the heritage significance of the Sydney Opera House,(b) the repairs must match the existing fabric in appearance, material and method of affixing,(c) the repairs must not involve damage or removal of other fabric graded “some”, “considerable” or “exceptional” significance in the CMP.
5 Minor internal alterations and additions
(1) Exempt development includes minor internal alterations and additions including—(a) minor building works and alterations to the backstage infrastructure and performance venues (such as widening the doors or updating flying systems) for the purpose of improving the operational efficiency,(b) minor works and fitout of new technology for telecommunications and technical purposes,(c) replacement of doors, walls, ceiling or floor linings,(d) renovation of bathrooms, kitchens and storage areas.(2) Any such exempt development must comply with the following requirements—(a) the development must not adversely affect the heritage significance of the Sydney Opera House,(b) any internal alterations must not affect the load-bearing capacity of any load-bearing component of the building,(c) the development must have no adverse effect on fabric and spaces rated “some”, “considerable” or “exceptional” significance in the CMP.
6 Minor building works related to permanent and temporary security arrangements
(1) Exempt development includes minor building works related to permanent and temporary security arrangements, including—(a) the installation of security cameras, light fittings and other minor alterations and additions to the interior or exterior spaces of the building to upgrade building security,(b) the installation of emergency security fencing, scaffolding, hoardings or other barriers to prevent unauthorised access or to secure public safety.(2) Any such exempt development must comply with the following requirements—(a) the minor building works must not adversely affect the heritage significance of the Sydney Opera House,(b) the minor building works must not involve significant changes to the external appearance of the building,(c) the minor building works must have no adverse effect on fabric and spaces rated “some”, “considerable” or “exceptional” significance in the CMP,(d) the minor building works must be appropriate having regard to current and future risk/threat assessments provided by State and/or Commonwealth security agencies or by recognised security consultants commissioned by the Sydney Opera House and the NSW Police Force.
7 Internal works and fitout of shops, restaurants, cafes and offices
(1) Exempt development includes internal works and fitout of shops, restaurants, cafes and offices.(2) Any such exempt development must comply with the following requirements—(a) the development must not adversely affect the heritage significance of the Sydney Opera House,(b) the development must not involve significant changes to the external appearance of the building,(c) the development must have no adverse effect on fabric and spaces rated “some”, “considerable” or “exceptional” significance in the CMP.
8 Minor public domain works
(1) Exempt development includes minor public domain works including—(a) footpath improvements, tree planting, re-paving, street surfacing, kerb reconstruction, footpaths, gutters, street furniture (benches, bollards, public artwork, installations and street lighting), and(b) installation of permanent directional/wayfinding signage.(2) Any such exempt development must comply with the following requirements—(a) the works must not adversely affect the heritage significance of the Sydney Opera House,(b) the works must have no adverse effect on fabric and spaces rated “some”, “considerable” or “exceptional” significance in the CMP,(c) the works must not prevent public access to, and use of, the adjoining public domain.
9 Installation of minor structures ancillary to the use of Sydney Opera House
(1) Exempt development includes the installation of minor structures ancillary to the use of the Sydney Opera House, including small structures to house on-line information, refreshment vending carts (up to a maximum number of 12), ticketing and banking services and plasma and flat screen displays for the purpose of promoting performances and sponsors.(2) Any such exempt development must comply with the following requirements—(a) the structures must not adversely affect the heritage significance of the Sydney Opera House,(b) the structures do not obstruct views identified as significant in the CMP,(c) the structures must not prevent public access to, and use of, the adjoining public domain,(d) the structures must have no adverse effect on fabric and spaces rated “some”, “considerable” or “exceptional” significance in the CMP.
10 Signage associated with shops, cafes, restaurants and offices, and signage for the purpose of advertising events within Sydney Opera House
(1) Exempt development includes signage associated with shops, cafes, restaurants and offices, and signage for the purposes of advertising the events within the Sydney Opera House such as concourse posters, and light boxes, including—(a) removal of signage,(b) replacement of existing signage with new signage,(c) installation of new signage.(2) Any such exempt development must comply with the following requirements—(a) the signage must be identified as non-intrusive or of “low” significance in the CMP,(b) the development must make no change to the dimension, size and location of the existing signage,(c) any new signage must be consistent with signage for adjoining tenancies in regard to size, dimension, location, design details and total number,(d) the development must have no adverse effect on fabric and spaces rated “some”, “considerable” or “exceptional” significance in the CMP.
11 Temporary use of Sydney Opera House to project fireworks or make broadcast
(1) Exempt development includes the temporary use of the Sydney Opera House to project fireworks or make a broadcast.(2) Any such use must comply with the following requirements—(a) the use must not adversely affect the heritage significance of the Sydney Opera House,(b) the use must have no adverse effect on fabric and spaces rated “some”, “considerable” or “exceptional” significance in the CMP,(c) the use must be only for limited periods and on infrequent occasions,(d) the use must be confined to exceptional, non-commercial occasions of brief duration.
12 Temporary use of public space for community events
(1) Exempt development includes the temporary use of public space for community events that are open to the general public with no entry charges, including public gatherings, ceremonies, celebrations, sporting events, events for community and outdoor exhibitions that may involve the installation of temporary structures having minimal visual impact (such as barricading) that are otherwise ancillary to the event.(2) Any such use must comply with the following requirements—(a) the use occurs between the hours of 8.00am to 11.00pm on Sundays to Thursdays and 8.00am to midnight on Fridays and Saturdays, except New Years Eve celebrations which may occur between 8.00am and 2.00am,(b) community events (not more than four events in total in a calendar year) can start as early as 6.00am,(c) set-up and clean-up can occur one day before and one day after each event, except some community events (not more than a total of five events in a calendar year) with longer set-up and clean-up times may be required (not more than six bump in/out days in total per event),(d) should the event involve amplified music, ancillary to the main purpose of the event, the noise levels at the following locations must not exceed the background noise levels—(i) Beulah Street Wharf (off Waruda Street), Kirribilli,(ii) Cremorne Wharf (off Milson Road), Cremorne Point,(iii) a point within 1 metre of the residential boundary nearest to the Sydney Opera House at Bennelong Apartments, East Circular Quay,(iv) Dawes Point Park (off Lower Fort Street), Millers Point,(e) all amplified music is to commence after 8.00am (except for those four events in total in a calendar year which may start as early as 6.00am) and to cease by 10.30pm on Sundays to Thursdays and 11.30pm on Fridays and Saturdays,(f) lighting associated with events must not cause adverse impact on the area surrounding the site,(g) the event does not include staging of private or commercial functions,(h) back of house areas must be carefully designed (fencing and gates must be of high quality, and provide artwork and visual interest/public information in appropriate places).
13 Temporary use of public space for minimal impact events related to the primary function of Sydney Opera House
(1) Exempt development includes the temporary use of public space for minimal impact events related to the primary function of the Opera House as a performing arts centre, including temporary outdoor events and performances, such as Sydney Festival events, that involve the installation of temporary structures (including main stage, sound and lighting systems) having minimal visual impact that are otherwise ancillary to the event for which an entry fee may be charged.(2) Any such use must comply with the following requirements—(a) the use takes place not more than 40 days (whether consecutive or not) in any 12 month period,(b) the use occurs between the hours of 8.00am to 11.00pm on Sundays to Thursdays (all amplified music to commence after 10.00am and to cease by 10.30pm) and 8.00am to midnight on Fridays and Saturdays (all amplified music to commence after 10.00am and to cease by 11.30pm),(c) no more than 5,000 people attend each event at any one time,(d) in addition to the maximum events days (ie 40 days) set-up and clean-up can occur one day before and one day after each event. Any additional days required for set-up and clean-up are to be included within the 40 days,(e) lighting associated with events must not cause adverse impact on the area surrounding the site,(f) noise levels at the following locations must not exceed LAmax 70 dB(A) and LCmax 90 dB(C) from Friday to Saturday and LAmax 65 dB(A) and LCmax 85 dB(C) from Sunday to Thursday—(i) Beulah Street Wharf (off Waruda Street), Kirribilli,(ii) Cremorne Wharf (off Milson Road), Cremorne Point,(iii) a point within 1 metre of the residential boundary nearest to the Sydney Opera House at Bennelong Apartments, East Circular Quay,(iv) Dawes Point Park (off Lower Fort Street), Millers Point.
14 Erection of temporary building ancillary to the temporary use of a public space for minimal impact events
(1) Exempt development includes the erection of temporary buildings ancillary to the temporary use of a public space for minimal impact events.(2) Any such use must comply with the following requirements—(a) all temporary buildings related to events must be confined to the event site area,(b) public access to the lower concourse via the southern escalators, southern stairs and ramp must not be obstructed at any time,(c) public access must not be obstructed between the bottom of the Tarpeian Steps and Royal Botanic Gardens Opera House Gate along the forecourt except during events,(d) must not obstruct views identified as significant in the CMP,(e) must have no adverse effect on fabric and spaces rated “some”, “considerable” or “exceptional” significance in the CMP,(f) details of temporary buildings must be consistent with the principles of the CMP in relation to “exterior furniture”,(g) any temporary building must not remain in place for not more than 40 days (whether consecutive or not) in any 12 month period, excluding one day bump-in and one day bump-out for each event.(3) In this clause, minimal impact events include temporary outdoor events and performances such as Sydney Festival events that involve the installation of temporary structures (including main stage, sound and lighting systems) having minimal visual impact that are otherwise ancillary to the event.
15 Erection of temporary signage ancillary to the temporary use of a public space for community events and minimal impact events
(1) Exempt development includes the erection of temporary signage ancillary to the temporary use of a public space for community events and minimal impact events.(2) Any such use must comply with the following requirements—(a) must not adversely affect the heritage significance of the Sydney Opera House,(b) must have no adverse effect on fabric rated “some”, “considerable” or “exceptional” significance in the CMP,(c) must not be displayed for more than fourteen days before a temporary outdoor event and must be removed within seven days after the event,(d) does not obstruct views identified as significant in the CMP,(e) must not contain general advertising unrelated to events or sponsors at the Sydney Opera House,(f) any temporary signage ancillary to minimal impact events must not remain in place for more than 60 days (whether consecutive or not) in any 12 month period.(3) In this clause—community events include public gatherings, ceremonies, celebrations, sporting events, events for community and outdoor exhibitions that may involve the installation of temporary structures having minimal visual impact (such as barricading) that are otherwise ancillary to the event.minimal impact events include temporary outdoor events and performances, such as Sydney Festival events, that involve the installation of temporary structures (including main stage, sound and lighting systems) having minimal visual impact that are otherwise ancillary to the event.
Part 2 The Luna Park site
Division 1 Preliminary
1 (Repealed)
1A Definitions
In this Part—amusement device includes an amusement, ride or game.Heritage Council has the same meaning as in the Heritage Act 1977.Luna Park means the land identified as “Luna Park” on the Luna Park Amusement Zone Map.Luna Park Amusement Zone Map means the State Environmental Planning Policy (State Significant Precincts) 2005 Luna Park Amusement Zone Map.The Midway means the land identified as “The Midway” on the Luna Park Amusement Zone Map.
Division 2 Provisions relating to development on Luna Park site
2 Development near the intersection of Glen and Dind Streets, North Sydney
(1) This clause applies to land in the cliff top area, near the intersection of Glen and Dind Streets, North Sydney, being such part of Lot 1 DP 1066900 as comprises former Lots 1259 and 1260 DP 48514 (the cliff top sites).(2) (Repealed)(3) Development may be carried out on the cliff top sites for any purpose that is an authorised use under section 6C of the Luna Park Site Act 1990 in relation to the cliff top area.(4) Any building on the cliff top sites—(a) must not exceed—(i) in the case of a building on land comprising former Lot 1259 DP48514, 44.8 metres in height above Australian Height Datum, or(ii) in the case of a building on land comprising former Lot 1260 DP48514, 31.5 metres in height above Australian Height Datum, and(b) must not encroach on land beneath the canopy of any heritage fig tree.(5) Any building on land comprising former Lot 1259 DP48514, and any parking space on that land, must be set back at least 6 metres from the northern boundary of that land.(6) Subclause (5) does not prevent the erection, within 6 but no closer than 1.7 metres of the northern boundary, of any structure to facilitate vehicular access to parking spaces within the building.(7) Development consent must not be granted to the erection of any building on the cliff top sites unless—(a) the consent authority is satisfied, after consultation with the Roads and Traffic Authority, that the building will not interfere with sight lines along Glen and Northcliff Streets to such an extent as to be a hazard to traffic, and(b) the consent authority is satisfied, on the basis of information provided by the applicant for development consent, that neither the building, nor the process of its erection, will threaten or damage any heritage fig tree and, in particular, that land beneath the canopy of any heritage fig tree will not be used for any purpose in connection with the erection of the building, and(c) the consent authority is satisfied that appropriate arrangements will be made to give public access to the open spaces around the building.(8) Nothing in any local environmental plan or regional environmental plan applies to or in respect of the carrying out of development on the cliff top sites.(9) (Repealed)(10) State Environmental Planning Policy No 1—Development Standards does not apply to or in respect of the cliff top sites.(11) In this clause—cliff top area has the same meaning as it has in Part 2A of the Luna Park Site Act 1990.heritage fig tree means a fig tree that is a heritage item for the purposes of North Sydney Local Environmental Plan 2001.
3 Exempt development—amusement devices
The installation, modification, replacement, relocation or operation of an amusement device that is on land identified as “Exempt and complying development” on the Luna Park Amusement Zone Map is exempt development if it complies with the following requirements—(a) the amusement device must not be installed for more than 16 weeks in any 26 week period,(b) the development must not involve any permanent footings or foundations,(c) the development must meet the relevant deemed-to-satisfy provisions of the Building Code of Australia, or if there are no such relevant provisions, must be structurally adequate,(d) the development must not, if it relates to an existing building, cause the building to contravene the Building Code of Australia,(e) the amusement device must be installed in accordance with the manufacturer’s specifications, if applicable,(f) the development must—(i) be consistent with a conservation management plan endorsed by the Heritage Council under section 38A of the Heritage Act 1977, or(ii) have been granted an exemption under section 57(2) of that Act or be subject to an exemption under section 57(1A) or (3) of that Act, or(iii) be consistent with an approval granted under section 63 of that Act,(g) the amusement device must not exceed a stationary height of RL20,(h) the amusement device must not be enclosed (partially or otherwise) within a new building,(i) the amusement device must not emit noise that exceeds the maximum permissible noise level (within the meaning of section 19A(5) of the Luna Park Site Act 1990),(j) the amusement device must not involve strobe lighting,(k) the development must be consistent with—(i) the Luna Park Acoustic Plan of Management adopted on 4 June 2002, and(ii) the Luna Park Lighting Strategy adopted on 28 May 2002, and(iii) AS 4282—1997, Control of the obtrusive effects of outdoor lighting, and(iv) AS/NZS 1158.3.1:1999, Road lighting, Part 3.1: Pedestrian area (Category P) lighting—Performance and installation design requirements,(l) the development must comply with the relevant provisions of AS 3533.1–2009, Amusement rides and devices—Design and construction.Note 1—The Work Health and Safety Act 2011 and Work Health and Safety Regulation 2017 contain provisions relating to amusement devices.Note 2—The development consent for DA 154-06-01 imposes conditions regulating the hours of operation of all external rides, amusements and entertainments at Luna Park.
4 Complying development—amusement devices
The installation, modification, replacement, relocation or operation of an amusement device on land identified as “Exempt and complying development” on the Luna Park Amusement Zone Map is complying development if it complies with the following requirements—(a) the number of amusement devices within Luna Park with a stationary height of more than RL22 must not exceed 6,(b) the amusement device must not exceed a stationary height of RL40,(c) the development must not, if it relates to an existing building, cause the building to contravene the Building Code of Australia,(d) the development must meet the relevant provisions of the Building Code of Australia,(e) the amusement device must not emit noise that exceeds the maximum permissible noise level (within the meaning of section 19A(5) of the Luna Park Site Act 1990),(f) the development must—(i) be consistent with a conservation management plan endorsed by the Heritage Council under section 38A of the Heritage Act 1977, or(ii) have been granted an exemption under section 57(2) of that Act or be subject to an exemption under section 57(1A) or (3) of that Act, or(iii) be consistent with any approval granted under section 63 of that Act,(g) the amusement device must not be enclosed (partially or otherwise) within a new building,(h) the amusement device must not involve strobe lighting,(i) the development must be consistent with—(i) the Luna Park Acoustic Plan of Management adopted on 4 June 2002, and(ii) the Luna Park Lighting Strategy adopted on 28 May 2002, and(iii) AS 4282—1997, Control of the obtrusive effects of outdoor lighting, and(iv) AS/NZS 1158.3.1:1999, Road lighting, Part 3.1: Pedestrian area (Category P) lighting—Performance and installation design requirements,(j) the development must comply with the relevant provisions of AS 3533.1–2009, Amusement rides and devices—Design and construction,(k) if works are required for the purposes of the development, the occupier of each dwelling that is located on a lot that has a boundary within 20 metres of Luna Park has been given written notice of the works at least 7 days before the works commence.Note—The Work Health and Safety Act 2011 and Work Health and Safety Regulation 2017 contain provisions relating to amusement devices.
5 Amusement devices on “The Midway”
(1) The installation, modification, replacement or relocation of an amusement device on The Midway must also comply with the following requirements—(a) despite clause 3(a) of this Part, the amusement device must not be installed for a period exceeding 3 months,(b) the development must not result in the width of The Midway being less than 8 metres,(c) the amusement device must not exceed a length or width of more than 10 metres,(d) emergency vehicle access to and through The Midway must be maintained.(2) Subclause (1)(b) does not prevent an amusement device being installed on, or relocated to, the site occupied by the ferris wheel or carousel ride at the commencement of this clause.
6 Condition of complying development
A complying development certificate issued under this Part in relation to the operation of an amusement device must contain a condition requiring the hours of operation of the amusement device to be in accordance with the conditions of the development consent for DA 154-06-01.
Part 3
1–15 (Repealed)
Part 4 Channel 7 site
Division 1 Preliminary
1 Definition of particular terms
In this Part—basement means the space of a building where the floor level of that space is predominantly below ground level (finished) and where the floor level of the storey immediately above is less than 1.2 metres above ground level (finished).Channel 7 site means the land identified on the Land Application Map.dwelling, earthworks, excavation and gross floor area have the same meanings as they have in the standard instrument prescribed by the Standard Instrument (Local Environmental Plans) Order 2006 (as in force immediately before the commencement of the Standard Instrument (Local Environmental Plans) Amendment Order 2011).ground level (finished) means, for any point on a site, the ground surface after completion of any earthworks (excluding any excavation for a basement, footings or the like) for which development consent or an approval under Part 3A of the Act has been granted, or that is exempt development.Height of Buildings Map means the State Environmental Planning Policy (Major Development) 2005 Channel 7 Height of Buildings Map.Land Application Map means the State Environmental Planning Policy (Major Development) 2005 Channel 7 Land Application Map.Land Zoning Map means the State Environmental Planning Policy (Major Development) 2005 Channel 7 Land Zoning Map.storey means a space within a building that is situated between one floor level and the floor level next above, or if there is no floor above, the ceiling above, but does not include—(a) a space that contains only a lift shaft, stairway or meter room, or(b) a mezzanine, or(c) a basement.
2 (Repealed)
3 Meaning of development purposes
Words and expressions used to refer to a development purpose in clause 8 or 9 have the same meaning as they have in the standard instrument prescribed by the Standard Instrument (Local Environmental Plans) Order 2006 (as in force immediately before the commencement of the Standard Instrument (Local Environmental Plans) Amendment Order 2011).
4 Application of this Part
Nothing in this Part applies to or with respect to development for the purposes of a public utility undertaking.
Division 2
5 (Repealed)
Division 3 Provisions applying to development within Channel 7 site
6 Application of Division
This Division applies with respect to any development within the Channel 7 site and so applies whether or not the development is a transitional Part 3A project.
7 Land use zones
(1) For the purposes of this Policy, land within the Channel 7 site is in a zone as follows if the land is shown on the Land Zoning Map as being within that zone—(a) General Residential Zone,(b) Public Recreation Zone.(2) The consent authority must have regard to the objectives for development in a zone when determining a development application in respect of land within the zone.
8 General Residential Zone
(1) The objectives of the General Residential Zone are as follows—(a) to provide for the housing needs of the community,(b) to provide for a variety of housing types and densities,(c) to enable other land uses that provide facilities or services to meet the day to day needs of residents.(2) Development for any of the following purposes is permitted with consent within the General Residential Zone—boarding houses; car parks; centre-based child care facilities; community facilities; dwelling houses; exhibition homes; group homes; home-based child care; home businesses; home industries; home occupations; hostels; multi dwelling housing; neighbourhood shops; office premises; places of public worship; recreation areas; residential care facilities; residential flat buildings; roads that are not classified roads; seniors housing; shop top housing; telecommunications facilities.(3) Except as otherwise provided by this Policy, development is prohibited within the General Residential Zone unless it is permitted by subclause (2).
9 Public Recreation Zone
(1) The objectives of the Public Recreation Zone are as follows—(a) to enable land to be used for open space or recreational purposes,(b) to provide a range of recreational settings and activities and compatible land uses,(c) to protect and enhance the natural environment for recreational purposes,(d) to provide a range of community uses that serve the needs of the people who live and work in the surrounding neighbourhood.(2) Development for any of the following purposes is permitted with consent within the Public Recreation Zone—car parks; centre-based child care facilities; community facilities; environmental facilities; environmental protection works; kiosks; recreation areas; recreation facilities (outdoor); roads that are not classified roads.(3) Except as otherwise provided by this Policy, development is prohibited within the Public Recreation Zone unless it is permitted by subclause (2).
10 Development controls
(1) The height of a building on any land is not to exceed the maximum number of storeys shown for the land on the Height of Buildings Map.(2) Development for the purpose of a dwelling must not be carried out if it would result in—(a) (Repealed)(b) there being more than 800 dwellings (whether of the same or different types) on the Channel 7 site, or(c) the total of the gross floor areas for dwellings within the Channel 7 site exceeding 80,000 square metres.
Division 4 Miscellaneous
11 Relationship with other environmental planning instruments
The only environmental planning instruments that apply, according to their terms, to or in respect of development within the Channel 7 site are as follows—(a) in the case of development that is a transitional Part 3A project—this Policy and all other State environmental planning policies except State Environmental Planning Policy No 1—Development Standards,(b) in the case of all other development—all environmental planning instruments except State Environmental Planning Policy No 1—Development Standards.
12 (Repealed)
13 Acquisition of land within Channel 7 site
(1) The objective of this clause 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 within the Channel 7 site, 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 that land (or, if none is specified, the authority designated or determined under those provisions)—
14 Infrastructure development and the use of existing buildings of the Crown
(1) This Part does not restrict or prohibit, or enable the restriction or prohibition of, the carrying out of any development that is permitted to be carried out with or without consent or that is exempt development under State Environmental Planning Policy (Infrastructure) 2007.(2) This Part does not restrict or prohibit, or enable the restriction or prohibition of, the use of existing buildings of the Crown by the Crown.
Part 5 The Redfern–Waterloo Authority Sites
Division 1 Preliminary
1 Land to which Part applies
This Part applies to the area shown edged heavy black on the Land Application Map referred to in this Schedule as the Redfern–Waterloo Authority Sites.
2 Definitions
(1) A word or expression used in this Part has the same meaning as it has in the standard instrument prescribed by the Standard Instrument (Local Environmental Plans) Order 2006 (as in force immediately before the commencement of the Standard Instrument (Local Environmental Plans) Amendment Order 2011) unless it is otherwise defined in this Part.(2) In this Part—Additional Permitted Uses Map means the State Environmental Planning Policy (Major Development) 2005 Redfern–Waterloo Authority Sites—Additional Permitted Uses Map.Floor Space Ratio Map means the State Environmental Planning Policy (Major Development) 2005 Redfern–Waterloo Authority Sites—Floor Space Ratio Map.Gross Floor Area Map means the State Environmental Planning Policy (Major Development) 2005 Redfern–Waterloo Authority Sites—Gross Floor Area Map.Height of Buildings Map means the State Environmental Planning Policy (Major Development) 2005 Redfern–Waterloo Authority Sites—Height of Buildings Map.Heritage Map means the State Environmental Planning Policy (Major Development) 2005 Redfern–Waterloo Authority Sites—Heritage Map.information and education facility means a building or place used for providing information or education to visitors, and the exhibition or display of items, and includes an art gallery, museum, library, visitor information centre and the like.Land Application Map means the State Environmental Planning Policy (Major Development) 2005 Redfern–Waterloo Authority Sites—Land Application Map.Land Zoning Map means the State Environmental Planning Policy (Major Development) 2005 Redfern–Waterloo Authority Sites—Land Zoning Map.rail infrastructure facilities include—(a) railway tracks, associated track structures, cuttings, drainage systems, fences, tunnels, ventilation shafts, emergency accessways, bridges, embankments, level crossings and roads, pedestrian and cycleway facilities, and(b) signalling, train control, communication and security systems, and(c) power supply (including overhead power supply) systems, and(d) railway stations, station platforms and areas in a station complex that commuters use to get access to the platforms, and(e) public amenities for commuters, and(f) associated public transport facilities for railway stations, and(g) maintenance, repair and stabling facilities for rolling stock, and(h) refuelling depots, garages, maintenance facilities and storage facilities that are for the purposes of a railway, and(i) railway workers’ facilities, andbut do not include buildings or works that are for residential, retail or business purposes and unrelated to railway purposes.(j) rail freight terminals, sidings and freight intermodal facilities,storey means a space within a building that is situated between one floor level and the floor level next above or, if there is no floor level above, the ceiling or roof above, but does not include—(a) a space that contains only a lift shaft, stairway or meter room, or(b) a mezzanine, or(c) an attic, or(d) a basement, or(e) any space within a building with a floor level that is predominantly below a basement.
3 Relationship with other environmental planning instruments
All other environmental planning instruments do not apply to the Redfern–Waterloo Authority Sites, except for other State environmental planning policies.
4 (Repealed)
Division 2
5 (Repealed)
Division 3 Provisions relating to development of Redfern–Waterloo Authority Sites
6 Development to which Division applies
The provisions of this Division apply with respect to development on land within the Redfern–Waterloo Authority Sites and so apply whether or not the development is a transitional Part 3A project.
7 Land use zones
(1) For the purposes of this Policy, land within the Redfern–Waterloo Authority Sites is within a zone specified below if the land is shown on the Land Zoning Map as being within that zone—(a) Business Zone—Business Park(b) Business Zone—Commercial Core(c) Business Zone—Mixed Use(d) Business Zone—Local Centre(e) Recreation Zone—Public Recreation(f) Recreation Zone—Private Recreation(g) Residential Zone—Medium Density Residential(h) Special Purpose Zone—Infrastructure(i) Special Purpose Zone—Community(2) The consent authority must take into consideration each of the objectives for development in a zone when determining a development application in respect of land within the zone.
8 Business Zone—Business Park
(1) The objectives of the Business Zone—Business Park are as follows—(a) to establish business and technology parks to encourage employment generating activities that provide for a wide range of business, technology, educational and entertainment facilities in the Zone,(b) to support development that is related or ancillary to business, technology or education,(c) to support development for retail uses that primarily serve the needs of the working population in the Zone and the local community,(d) to ensure the vitality and safety of the community and public domain,(e) to ensure buildings achieve design excellence,(f) to promote landscaped areas with strong visual and aesthetic values to enhance the amenity of the area.(2) Development for any of the following purposes is prohibited on land within the Business Zone—Business Park—boarding houses; bulky goods premises; depots; dual occupancies; dwelling houses; group homes; hazardous industries; hazardous storage establishments; heavy industries; offensive industries; residential accommodation; restricted premises; sex services premises.(3) Except as otherwise provided by this Policy, development is permitted with consent on land within the Business Zone—Business Park unless it is prohibited by subclause (2).
9 Business Zone—Commercial Core
(1) The objectives of the Business Zone—Commercial Core are as follows—(a) to facilitate the development of a town centre,(b) to encourage employment generating activities by providing a wide range of retail, business, office, community and entertainment facilities,(c) to permit residential development that is compatible with non-residential development,(d) to maximise public transport patronage and encourage walking and cycling,(e) to ensure the vitality and safety of the community and public domain,(f) to ensure buildings achieve design excellence,(g) to promote landscaped areas with strong visual and aesthetic values to enhance the amenity of the area.(2) Development for any of the following purposes is prohibited on land within the Business Zone—Commercial Core—bulky goods premises; depots; dual occupancies; dwelling houses; hazardous industries; hazardous storage establishments; heavy industries; home occupations (sex services); industries; light industries; offensive industries; offensive storage establishments; restricted premises; sex services premises; transport depots; truck depots; vehicle body repair workshops; warehouses or distribution centres.(3) Except as otherwise provided by this Policy, development is permitted with consent on land within the Business Zone—Commercial Core unless it is prohibited by subclause (2).
10 Business Zone—Mixed Use
(1) The objectives of the Business Zone—Mixed Use are as follows—(a) to support the development of sustainable communities with a mix of employment, educational, cultural and residential opportunities,(b) to encourage employment generating activities by providing a range of office, business, educational, cultural and community activities in the Zone,(c) to permit residential development that is compatible with non-residential development,(d) to maximise public transport patronage and encourage walking and cycling,(e) to ensure the vitality and safety of the community and public domain,(f) to ensure buildings achieve design excellence,(g) to promote landscaped areas with strong visual and aesthetic values to enhance the amenity of the area.(2) Development for any of the following purposes is prohibited on land within the Business Zone—Mixed Use—bulky goods premises; depots; dual occupancies; dwelling houses; hazardous industries; hazardous storage establishments; heavy industries; home occupations (sex services); industries; offensive industries; offensive storage establishments; restricted premises; sex services premises; transport depots; truck depots; vehicle body repair workshops.(3) Except as otherwise provided by this Policy, development is permitted with consent on land within the Business Zone—Mixed Use unless it is prohibited by subclause (2).
11 Business Zone—Local Centre
(1) The objectives of the Business Zone—Local Centre are as follows—(a) to facilitate the development of a local centre,(b) to provide a range of retail, business, educational, health and community facilities in the Zone to serve the local community,(c) to permit residential development that is compatible with non-residential development,(d) to maximise public transport patronage and encourage walking and cycling,(e) to ensure the vitality and safety of the community and public domain,(f) to ensure buildings achieve design excellence,(g) to promote landscaped areas with strong visual and aesthetic values to enhance the amenity of the area.(2) Development for any of the following purposes is prohibited on land within the Business Zone—Local Centre—depots; dwelling houses; hazardous industries; hazardous storage establishments; heavy industries; home occupations (sex services); industries; light industries; offensive industries; offensive storage establishments; restricted premises; sex services premises; transport depots; truck depots; vehicle body repair workshops; warehouse or distribution centres.(3) Except as otherwise provided by this Policy, development is permitted with consent on land within the Business Zone—Local Centre unless it is prohibited by subclause (2).
12 Recreation Zone—Public Recreation
(1) The objectives of the Recreation Zone—Public Recreation are as follows—(a) to enable land to be used for public open space or recreational purposes,(b) to enable development for the enjoyment of the community,(c) to ensure the vitality and safety of the community and public domain,(d) to enhance and protect the natural environment for recreational purposes,(e) to promote landscaped areas with strong visual and aesthetic values to enhance the amenity of the area.(2) Development for any of the following purposes may be carried out on land within the Recreation Zone—Public Recreation only with consent—car parks; environmental facilities; environmental protection works; kiosks; passenger transport facilities; recreation areas; recreation facilities (outdoor).(3) Except as otherwise provided by this Policy, development is prohibited on land within the Recreation Zone—Public Recreation unless it may be carried out under subclause (2).
13 Recreation Zone—Private Recreation
(1) The objectives of the Recreation Zone—Private Recreation are as follows—(a) to enable land to be used for private open space or recreational purposes,(b) to enable a range of recreational and community activities and compatible land uses,(c) to ensure the vitality and safety of the community and public domain,(d) to enhance and protect the natural environment for recreational purposes,(e) to promote landscaped areas with strong visual and aesthetic values to enhance the amenity of the area.(2) Development for any of the following purposes may be carried out on land within the Recreation Zone—Private Recreation only with consent—car parks; community facilities; environmental facilities; environmental protection works; kiosks; passenger transport facilities; recreation areas; recreation facilities (indoor); recreation facilities (outdoor).(3) Except as otherwise provided by this Policy, development is prohibited on land within the Recreation Zone—Private Recreation unless it may be carried out under subclause (2).
14 Residential Zone—Medium Density Residential
(1) The objectives of the Residential Zone—Medium Density Residential are as follows—(a) to provide for a range and variety of housing types in the Zone,(b) to allow for other types of development to provide facilities or services to meet the day to day needs of residents in the local area,(c) to enable other development that is compatible with housing,(d) to ensure the vitality and safety of the community and public domain,(e) to ensure that buildings achieve design excellence,(f) to promote landscaped areas with strong visual and aesthetic values to enhance the amenity of the area.(2) Development for any of the following purposes may be carried out on land within the Residential Zone—Medium Density Residential only with development consent—boarding houses; centre-based child care facilities; community facilities; dual occupancies; dwelling houses; group homes; health consulting rooms; home industries; multi dwelling housing; neighbourhood shops; places of public worship; residential flat buildings; seniors housing; shop top housing; telecommunications facilities; temporary structures.(3) Except as otherwise provided by this Policy, development is prohibited on land within the Residential Zone—Medium Density Residential unless it may be carried out under subclause (2).
15 Special Purpose Zone—Infrastructure
(1) The objectives of the Special Purpose Zone—Infrastructure are as follows—(a) to provide for railway infrastructure and related facilities,(b) to prevent development in the Zone that is not compatible with or may detract from the provision of railway infrastructure and related facilities,(c) to ensure the vitality and safety of the community and public domain,(d) to ensure that buildings achieve design excellence,(e) to promote landscaped areas with strong visual and aesthetic values to enhance the amenity of the area.(2) Development for any of the following purposes may be carried out on land within the Special Purpose Zone—Infrastructure only with consent—(a) the alteration of or addition to a railway station; the construction of a new railway station; retail or business activities ancillary to a railway station,(b) telecommunications facilities,(c) access facilities (such as tunnels or bridges) that traverse the railway corridor.(3) Except as otherwise provided by this Policy, development is prohibited on land within the Special Purpose Zone—Infrastructure unless it may be carried out under subclause (2).
16 Special Purpose Zone—Community
(1) The objectives of the Special Purpose Zone—Community are as follows—(a) to enable land to be used for community purposes,(b) to enable development to be carried out for the social, educational and recreational needs of the community,(c) to support development that is related or ancillary to community, recreational or educational use of the land in the Zone,(d) to ensure the vitality and safety of the community and public domain,(e) to ensure that buildings achieve design excellence,(f) to promote landscaped areas with strong visual and aesthetic values to enhance the amenity of the area.(2) Development for any of the following purposes may be carried out on land within the Special Purpose Zone—Community only with development consent—advertisements; advertising structures; boarding houses; car parks; centre-based child care facilities; community facilities; educational establishments; entertainment facilities; function centres; hostels; information and educational facilities; kiosks; medical centres; office premises; passenger transport facilities; recreation areas; recreation facilities (indoor); recreation facilities (outdoor); registered clubs; restaurants; telecommunications facilities; temporary structures; tourist and visitor accommodation related or ancillary to community facilities, educational establishments, recreation facilities (indoor) or recreation facilities (outdoor).(3) Except as otherwise provided by this Policy, development is prohibited on land within the Special Purpose Zone—Community unless it may be carried out under subclause (2).
17 Exempt development
The following development is exempt development if it is carried out on land within the Redfern–Waterloo Authority Sites, is of minimal environmental impact and complies with the criteria set out in the guidelines prepared by the Redfern–Waterloo Authority (and approved by the Minister and made publicly available) for the purposes of this clause—(a) the temporary use of the land for community events that are open to the general public, including public gatherings, ceremonies, sporting events or outdoor exhibitions,(b) the erection and use of temporary structures, having minimal visual impact, for the purposes of, or in connection with, any such community event,(c) the erection and use of outdoor seating, tables and similar furniture located in the public domain and associated with cafes, restaurants, bars and other similar development,(d) the erection, installation, maintenance and upgrading by or on behalf of a public authority of public furniture, planter boxes, lighting, public art, street signs, bus shelters, public telephone booths or post boxes, or the carrying out by or on behalf of a public authority of street planting, work for the purpose of changing the width or surface of a footpath, and related road works,(e) the erection, installation, maintenance and upgrading by or on behalf of a public authority in existing public recreation areas of public furniture, shade structures, public art, tables, seats, children’s play equipment, barbecues and toilets,(e1) the carrying out, by or on behalf of a public authority, of landscaping associated with existing public recreation areas,(f) development for the purposes of real estate signs,(g) the erection of a flagpole, if the maximum height of the flagpole is not more than 6 metres above existing ground level,(h) erection of a side or rear boundary fence located behind the front wall of a building, if the fence does not exceed 1.8 metres in height and is not of masonry construction,(i) the use of premises for a home business,(j) minor internal alterations to commercial or retail premises, such as fit-out works or the installation of partitions, shelving, benches or workstations, if the alterations are not structural, do not result in the creation of additional floor space and do not change the building classification.
18 Unzoned land
(1) This clause applies to land within the Redfern–Waterloo Authority sites that is not within a zone specified in clause 7.(2) Except as provided by this clause, development is prohibited on land to which this clause applies.(3) Development for the purposes of public utility undertakings to which clause 19(1) applies may be carried out on land to which this clause applies without development consent.(4) Development referred to in clause 30 may be carried out on land to which this clause applies with development consent.
19 Public utility undertakings excepted
(1) Development for the purposes of public utility undertakings that is carried out on land within the Redfern–Waterloo Authority Sites does not require development consent.(2) Subclause (1) does not apply to development referred to in clause 15(2)(a) or (c).
20 Subdivision—consent requirements
(1) Land within the Redfern–Waterloo Authority Sites may be subdivided, but only with consent.Note—State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies certain subdivision development as exempt development.(2) (Repealed)(3) Despite subclause (1), consent is not required for subdivision under the Strata Schemes (Freehold Development) Act 1973 or the Strata Schemes (Leasehold Development) Act 1986, except—(a) in the case of a building to which Part 3 of State Environmental Planning Policy (Affordable Rental Housing) 2009 applies, or(b) where the building has been designed or approved for occupation as a single unit.
21 Height, floor space ratio and gross floor area restrictions
(1) The height of a building on any land that is the subject of the Height of Buildings Map is not to exceed the maximum height shown for the land on that map.(2) The floor space ratio of a building on any land that is the subject of the Floor Space Ratio Map is not to exceed the floor space ratio shown for the land on that map.(2A) The gross floor area of a building on any land that is the subject of the Gross Floor Area Map, being land known as the Australian Technology Park, is not to exceed the gross floor area shown for the land on that map.Note—The total maximum floor space ratio for the land to which this subclause applies is equivalent to 2:1.(3) This clause applies only in relation to development where the Minister has not, in an approval for a concept plan for the development (whether given before or after the commencement of this clause), provided for the construction of a building that exceeds the height, floor space ratio or gross floor area restrictions, or any combination of restrictions, set out in subclauses (1), (2) and (2A).
22 Design excellence
(1) Consent must not be granted to a new building or to external alterations to an existing building unless the consent authority has considered whether the proposed development exhibits design excellence.(2) In considering whether proposed development exhibits design excellence, the consent authority must have regard to the following matters—(a) whether a high standard of architectural design, materials and detailing appropriate to the building type and location will be achieved,(b) whether the form and external appearance of the building will improve the quality and amenity of the public domain,(c) whether the building meets sustainable design principles in terms of sunlight, natural ventilation, wind, reflectivity, visual and acoustic privacy, safety and security and resource, energy and water efficiency,(d) if a competition is held as referred to in subclause (3) in relation to the development, the results of the competition.(3) The consent authority may require a design competition for any development over 12 storeys consistent with guidelines issued by the Redfern–Waterloo Authority and approved by the Minister.(4) The Redfern–Waterloo Authority may draft a guideline to be approved by the Minister detailing what matters are to be addressed for design excellence and for the conduct of design competitions.
23 Car parks
Development consent may not be granted for the purpose of car parks on land within the Business Zone—Business Park unless the consent authority is satisfied that the number of car parking spaces in that zone will not, as a result of the granting of consent, exceed 1,600 car spaces.
23A Additional permitted uses for certain land
Despite any other provision of this Policy, a person may, with development consent, carry out development for the purposes of information and education facilities and rail infrastructure facilities on land shown hatched on the Additional Permitted Uses Map.
24 Suspension of covenants, agreements and instruments
(1) For the purpose of enabling development on land within any zone to be carried out in accordance with this Policy or with a consent granted under the Act, any agreement, covenant or other similar instrument that restricts the carrying out of that development does not apply to the extent necessary to serve that purpose.(2) Nothing in subclause (1) affects the rights or interests of any public authority under any registered instrument.(3) Pursuant to section 28 of the Act, before the making of this clause, the Governor approved of subclauses (1) and (2).
24A Infrastructure development and use of existing buildings of the Crown
(1) This Part 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 with or without development consent, or that is exempt development, under State Environmental Planning Policy (Infrastructure) 2007.(2) This Part does not restrict or prohibit, or enable the restriction or prohibition of, the use of existing buildings of the Crown by the Crown.
Division 4 Additional provisions for the Redfern–Waterloo Authority Sites not applying to Part 3A projects
25 Development to which Division applies
The provisions of this Division do not apply with respect to development on land within the Redfern–Waterloo Authority Sites that is a transitional Part 3A project.
26 Notification of advertised development
Subject to the Act and the regulations, notice of a development application for consent to carry out development on land within the Redfern–Waterloo Authority Sites is to be given in accordance with the provisions of the relevant community participation plan.
27 Heritage conservation
(1) A person must not, in respect of a building, work, relic, tree or place that is a heritage item—(a) demolish, dismantle, move or alter the building, work, relic, tree or place, or(b) damage or remove the relic, or(c) excavate land for the purpose of discovering, exposing or moving the relic, or(d) damage or despoil the tree or place, or(e) erect a building on, or subdivide, land on which the building, work or relic is situated or that comprises the place, or(f) damage any tree or land on which the building, work or relic is situated on or on the land which comprises the place, orexcept with the consent of the consent authority.(g) make structural changes to the interior of the building or work,(2) However, consent under this clause is not required if 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—(a) is of a minor nature, or is for the maintenance of the heritage item, and(b) would not adversely affect the significance of the heritage item.(3) In this clause, heritage item means a building, work, relic, tree or place that is indicated as a heritage item on the Heritage Map.
28 Preservation of trees or vegetation
(1) The objective of this clause is to preserve the amenity of the Redfern–Waterloo Authority Sites through the preservation of trees and other vegetation.(2) This clause applies to species or kinds of trees or other vegetation that are identified for the purposes of this clause by a development control plan adopted by the consent authority.Note—A development control plan may prescribe the trees or other vegetation to which this clause 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 consent authority.(4) The refusal by the consent authority to grant a permit to a person who has duly applied for the grant of the permit is taken for the purposes of the Act to be a refusal by the consent authority to grant consent for the carrying out of the activity for which a permit was sought.(5) This clause does not apply to a tree or other vegetation that the consent authority is satisfied is dying or dead and is not required as the habitat of native fauna.(6) This clause does not apply to a tree or other vegetation that the consent authority is satisfied is a risk to human life or property.(7) A permit under this clause cannot allow any ringbarking, cutting down, topping, lopping, removal, injuring or destruction of a tree or other vegetation that is or forms part of a heritage item (within the meaning of clause 27).Note—As a consequence of this subclause, the activities concerned will require development consent. The heritage provisions of clause 27 will be applicable to any such consent.(8) This clause 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 a routine agricultural management activity within the meaning of that Act carried out on land to which that Act applies, 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.
29 Community use of educational establishments
(1) The objective of this clause is to allow the use of educational establishments, including their site and facilities, for other community purposes.(2) An educational establishment (including the site and facilities) may, with consent, be used for any other community purpose, whether or not any such use is a commercial use of the land.(3) Nothing in this clause requires consent to carry out development on any land if that development could, but for this clause, be carried out on that land without consent.
30 Temporary use of land
The consent authority may grant consent to the carrying out, on land within the Redfern–Waterloo Authority Sites, of development (other than designated development) for any purpose for a maximum period of 28 days, whether consecutive or non-consecutive, in any one year.
Part 6 Kings Forest site
1 Definitions
In this Part—agricultural buffer means an area within the Kings Forest site indicated by distinctive marking as “Agricultural Buffer—150m” on the Land Zoning Map.ecological buffer means an area within the Kings Forest site indicated by distinctive marking as “Ecological Buffer—50m” on the Land Zoning Map.Kings Forest site means the land identified on the Land Application Map.Land Application Map means the State Environmental Planning Policy (Major Development) 2005 Kings Forest Land Application Map.Land Zoning Map means the State Environmental Planning Policy (Major Development) 2005 Kings Forest Land Zoning Map.native vegetation has the same meaning as in the Native Vegetation Act 2003.
2 (Repealed)
3 Application of Part
(1) Subject to subclauses (2) and (3), this Part applies with respect to development within the Kings Forest site and so applies whether or not the development is a transitional Part 3A project.(2) This Part does not apply to the land comprising Lot 19, DP 112061 unless and until that land has been vacant for one continuous period of 12 months, being a period that commences on or after the commencement of this Part.(3) Nothing in this Part applies to or with respect to development for the purposes of a public utility undertaking.
4 Land use zones and objectives
(1) For the purposes of this Policy, land within the Kings Forest site is in a zone specified below if the land is shown on the Land Zoning Map as being within that zone—(a) Zone 2 (c) Urban Expansion,(b) (Repealed)(c) Zone 7 (a) Environmental Protection (Wetlands and Littoral Rainforests),(d) Zone 7 (l) Environmental Protection (Habitat).(2) Subject to the other provisions of this Part, the provisions of Tweed Local Environmental Plan 2000, as in force at the commencement of this clause, apply to land within a zone in the same way as they apply to land within a zone of the same name under that Plan and so apply as if those provisions were provisions of this Policy.(3) The consent authority must have regard to the objectives for development in a zone within the Kings Forest site when determining a development application in respect of land within that zone.
5 Zone 2 (c)
(1) Subdivision Subdivision of land within Zone 2 (c) is permitted with consent regardless of the size of each allotment to be created by the subdivision.(2) Dwelling houses Development for the purposes of a dwelling house is permitted with consent on land within Zone 2 (c) regardless of the size of the allotment on which the house is to be located.
6 Zones 7 (a) and 7 (l)
(1) Subdivision that is permitted Subdivision of land within Zone 7 (a) or 7 (l) is permitted with consent if the subdivision is for one or more of the following purposes—(a) making an adjustment to a boundary between lots, being an adjustment that does not involve the creation of a greater number of lots,(b) a minor realignment of boundaries to reflect the zone boundaries, being a realignment that does not involve the creation of a greater number of lots.(2) Other subdivision Subdivision of land within Zone 7 (a) or 7 (l) for any other purpose is prohibited.(3) Temporary development The consent authority must not consent to development on land within Zone 7 (a) or 7 (l) for which consent may be granted under Tweed Local Environmental Plan 2000 only because the development is carried out for not more than 14 days, whether consecutive or not, in any one year.(4) Dwelling houses Development for the purposes of a dwelling house is prohibited on land within Zone 7 (l).(5) Earthworks Development for the purposes of earthworks is permitted with consent on land within Zone 7 (l), but only if the applicant for consent has demonstrated to the consent authority’s satisfaction that—(a) the development is necessary for any one of the following reasons—(i) it needs to be in the locality in which it is proposed to be carried out due to the nature, function or service catchment of the development,(ii) it meets an identified urgent community need,(iii) it comprises a major employment generator, and(b) there is no other appropriate site on which the development is permitted with consent in reasonable proximity, and(c) the development is generally consistent with the scale and character of existing and future lawful development in the immediate area, and(d) the development is consistent with the aims of Tweed Local Environmental Plan 2000 (to the extent that those aims are consistent with this Policy) and at least one of the objectives of Zone 7 (l).
7 Ecological buffers
(1) Consent must not be granted to development on land within an ecological buffer unless the consent authority is satisfied, after considering a detailed environmental assessment, that—(a) the development complies with the objectives for ecological buffers and other provisions of this clause, and(b) there is no practicable alternative to siting the development within the buffer.(2) The objectives for ecological buffers are—(a) to protect wetlands or areas of particular habitat significance, and(b) to restrict development so that, as far as practicable, it does not occur within ecological buffers, and(c) to help ensure that development is designed, sited and managed so as to minimise its impact on the ecological and hydrological functions of ecological buffers, and(d) to encourage the restoration and maintenance of native vegetation and the ecological processes of land within and adjacent to wetlands or areas of particular habitat significance.(3) Development on land within an ecological buffer is to—(a) incorporate effective measures to manage wetlands or areas of particular habitat significance, and(b) be designed and sited to maintain connectivity of vegetation and minimise vegetation clearing, soil disturbance and alterations to the rate, volume or quality of surface and ground-water flows, and(c) retain and maintain all existing native vegetation outside the area immediately required for the development, and(d) incorporate measures to regenerate native vegetation for all disturbed areas within the buffer, and(e) incorporate appropriate stormwater and erosion control measures to protect the buffer from surface water run-off or other disturbance.(4) When considering whether or not there is a practicable alternative to siting development inside an ecological buffer, the consent authority must consider—(a) the design, type and site cover of the proposed development, and(b) the physical characteristics of the land on which the development is proposed to be carried out, and(c) the suitability of the land for the proposed development.(5) Before deciding whether or not to grant consent to development on land within an ecological buffer, the consent authority must consult the Department.
8 Agricultural buffers
Consent must not be granted to development on land within an agricultural buffer unless the consent authority—(a) has considered the potential impact of the proposed development on agricultural activities on land adjoining the buffer and of those agricultural activities on future occupiers of land within the buffer, and(b) has consulted the Department of Primary Industries.
9 Complying development
For the purposes of determining whether development within the Kings Forest site is complying development, the provisions in Tweed Development Control Plan No 40 (as adopted by Tweed Shire Council on 6 October 2004) relating to single dwelling houses, or to development ancillary to single dwelling houses, are taken not to apply to the Kings Forest site.
10 Relationship with other environmental planning instruments
The only environmental planning instruments that apply, according to their terms, to or in respect of development within the Kings Forest site are as follows—(a) in the case of development that is a transitional Part 3A project—this Policy and all other State environmental planning policies otherwise applicable to the land, except State Environmental Planning Policy No 1—Development Standards,(b) in the case of all other development—all environmental planning instruments otherwise applicable to the land, except State Environmental Planning Policy No 1—Development Standards, but only to the extent that those instruments are not inconsistent with this Policy.
11 Infrastructure development and the use of existing buildings of the Crown
(1) This Part does not restrict or prohibit, or enable the restriction or prohibition of, the carrying out of any development that is permitted to be carried out with or without consent or that is exempt development under State Environmental Planning Policy (Infrastructure) 2007.(2) This Part does not restrict or prohibit, or enable the restriction or prohibition of, the use of existing buildings of the Crown by the Crown.
Part 7
(Repealed)
Part 8 North Head Federal Police Training site
Division 1 Preliminary
1 Land to which Part applies
This Part applies to the land shown edged heavy black on Map 6 to this Schedule referred to in this Schedule as the North Head Federal Police Training site.
2 Interpretation
A word or expression used in this Part has the same meaning as it has in the standard instrument prescribed by the Standard Instrument (Local Environmental Plans) Order 2006 (as in force immediately before the commencement of the Standard Instrument (Local Environmental Plans) Amendment Order 2011) unless it is otherwise defined in this Part.
3 Relationship with other environmental planning instruments
(1) Except as provided by this Policy, all other environmental planning instruments apply, according to their terms, to the North Head Federal Police Training site.(2) Division 3 applies to the North Head Federal Police Training site despite any provision of Manly Local Environmental Plan 1988 or any other local environmental plan applying to that site.
Division 2
4 (Repealed)
Division 3 Provisions applying to development within North Head Federal Police Training site
5 Application of Division
This Division applies with respect to any development within the North Head Federal Police Training site and so applies whether or not the development is a transitional Part 3A project.
6 Development controls in relation to North Head Federal Police Training site
(1) Development for the purpose of a police training facility and any ancillary development may be carried out with consent on land within the North Head Federal Police Training site.(2) Development for the purpose of a public utility undertaking may be carried out without consent on land within the North Head Federal Police Training site.
7 (Repealed)
8 Infrastructure development and the use of existing buildings of the Crown
(1) This Part does not restrict or prohibit, or enable the restriction or prohibition of, the carrying out of any development that is permitted to be carried out with or without consent or that is exempt development under State Environmental Planning Policy (Infrastructure) 2007.(2) This Part does not restrict or prohibit, or enable the restriction or prohibition of, the use of existing buildings of the Crown by the Crown.
Part 9 Huntingwood West Precinct
Division 1 Preliminary
1 Land to which Part applies
This Part applies to the land identified on Map 7 to this Schedule, referred to in this Schedule as the Huntingwood West Precinct.
2 Interpretation
(1) A word or expression used in this Part has the same meaning as it has in the standard instrument prescribed by the Standard Instrument (Local Environmental Plans) Order 2006 (as in force immediately before the commencement of the Standard Instrument (Local Environmental Plans) Amendment Order 2011) unless it is otherwise defined in this Part.(2) In this Part—garden centre means a building or place the principal purpose of which is the retail sale of plants and landscaping and gardening supplies and equipment. It may, if ancillary to the principal purpose for which the building or place is used, include a restaurant or cafe and the sale of any of the following—(a) outdoor furniture and furnishings, barbecues, shading and awnings, pools, spas and associated supplies, and items associated with the construction and maintenance of outdoor areas,(b) pets and pet supplies,(c) fresh produce.
Division 2
3 (Repealed)
Division 3 Provisions relating to development within Huntingwood West Precinct
4 Application of Division
This Division applies with respect to development within the Huntingwood West Precinct and so applies whether or not the development is a transitional Part 3A project.
5 Land use zones
(1) Land within the Huntingwood West Precinct is within Zone IN1 General Industrial.(2) The consent authority must take into consideration each of the objectives for development in Zone IN1 General Industrial when determining a development application in respect of land within that zone.
6 Zone IN1 General Industrial
(1) The objectives of Zone IN1 General Industrial are as follows—(a) to facilitate development for a wide range of employment-generating industrial, manufacturing, warehousing, storage or research purposes, including ancillary office space,(b) to ensure development enhances the amenity of the Huntingwood West Precinct by including high quality landscaping, adequate building setbacks, high quality external finishes and the like,(c) to encourage employment opportunities,(d) to minimise any adverse effect of industry on other land uses.(2) Development for the purpose of environmental protection works is permitted without development consent on land within Zone IN1 General Industrial.(3) Development for any of the following purposes is permitted only with development consent on land within Zone IN1 General Industrial—automotive and motor sport industry related uses; depots; freight transport facilities; garden centres; hardware and building supplies; light industries; neighbourhood shops; places of public worship; roads; transport depots; truck depots; warehouse or distribution centres.(4) Except as otherwise provided by this Policy, development is prohibited on land within Zone IN1 General Industrial unless it is permitted by subclause (2) or (3).
7 Infrastructure development and the use of existing buildings of the Crown
(1) This Part does not restrict or prohibit, or enable the restriction or prohibition of, the carrying out of any development that is permitted to be carried out with or without consent or that is exempt development under State Environmental Planning Policy (Infrastructure) 2007.(2) This Part does not restrict or prohibit, or enable the restriction or prohibition of, the use of existing buildings of the Crown by the Crown.
8 Centre-based child care facilities
(1) Despite any other provision of this Policy, a person may, with development consent, carry out development for the purposes of a centre-based child care facility on land within the Huntingwood West Precinct.(2) The consent authority may grant development consent as referred to in subclause (1) only if it is satisfied that the centre-based child care facility is intended to provide services to people working in the area in which the centre-based child care facility is located.
9 Additional permitted uses
Despite any other provision of this Policy, a person may, with development consent, carry out development for the following purposes on the following land—(a) a tyre repair station on Lot 100, DP 1030393,(b) a service station on Lot 101, DP 1030393.
10 Subdivision—consent requirements
(1) Land within the Huntingwood West Precinct may be subdivided, but only with development consent.Note—State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies certain subdivision development as exempt development.(2) (Repealed)
11 Design
The consent authority must not grant consent to development on land within the Huntingwood West Precinct unless it is satisfied that—(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 Huntingwood West Precinct.
12 Height of buildings
The consent authority must not grant consent to development on land within the Huntingwood West Precinct unless it is satisfied that building heights will not adversely impact on the amenity of adjacent residential areas, taking site topography into consideration.
13 Public utility infrastructure
(1) The consent authority must not grant consent to development on land within the Huntingwood West Precinct unless it is satisfied that any public utility infrastructure that is essential for the proposed development is available or that adequate arrangements have been made to make that infrastructure available when required.(2) In this clause, public utility infrastructure includes infrastructure for any of the following—(a) the supply of water,(b) the supply of electricity,(c) the supply of natural gas,(d) the disposal and management of sewage.(3) This clause does not apply to development for the purpose of providing, extending, augmenting, maintaining or repairing any public utility infrastructure referred to in this clause.
Division 4 Miscellaneous
14 Relationship with other environmental planning instruments
(1) This Policy and all other State environmental planning policies apply, according to their terms, to land within the Huntingwood West Precinct.(2) Blacktown Local Environmental Plan 1988 does not apply to land within the Huntingwood West Precinct.
15 Consent authority
The consent authority for development on land within the Huntingwood West Precinct, other than development that is a transitional Part 3A project, is Blacktown City Council.
16 Exempt and complying development
Development within the Huntingwood West Precinct that satisfies the requirements for exempt development or complying development contained in Blacktown Local Environmental Plan 1988 is exempt development or complying development, as appropriate.
17 Suspension of covenants, agreements and instruments
(1) For the purpose of enabling development on land within any zone to be carried out in accordance with this Policy or with a consent granted under the Act, any agreement, covenant or similar instrument that restricts the carrying out of that development does not apply to the extent necessary to serve that purpose.(2) Nothing in subclause (1) affects the rights or interests of any public authority under any registered instrument.(3) Pursuant to section 28 of the Act, before the making of this clause, the Governor approved of subclauses (1) and (2).
18 Savings provision
(1) In this clause, relevant order means the order made under section 75B(1) of the Act and published in Gazette No 117 of 15 September 2006 at page 8077.(2) Anything done under Part 3A of the Act in reliance on the declaration of development as a project to which Part 3A of the Act applies by the relevant order is not affected by the repeal of that order.(3) Subclause (2) has effect only to the extent that the development referred to in that subclause is development referred to in clause 3 of Division 2 of this Part.
Part 10 Tomago Industrial site
Division 1 Preliminary
1 Land to which Part applies
This Part applies to the land identified on the Land Application Map referred to in this Schedule as the Tomago Industrial site.
2 Interpretation
(1) In this Part—Land Application Map means the State Environmental Planning Policy (Major Development) 2005 Tomago Industrial Land Application Map.Land Zoning Map means the State Environmental Planning Policy (Major Development) 2005 Tomago Industrial Land Zoning Map.(2) A word or expression used in this Part has the same meaning as it has in the standard instrument prescribed by the Standard Instrument (Local Environmental Plans) Order 2006 (as in force immediately before the commencement of the Standard Instrument (Local Environmental Plans) Amendment Order 2011) unless it is otherwise defined in this Part.
3 Consent authority
For the purposes of this Part—(a) the consent authority for development on land within that part of the Tomago Industrial site that is within Newcastle local government area is the Council of the City of Newcastle, and(b) the consent authority for development on land within that part of the Tomago Industrial site that is within Port Stephens local government area is the Council of Port Stephens.
4 (Repealed)
Division 2
5 (Repealed)
Division 3 Provisions applying to development within Tomago Industrial site
6 Application of Division
This Division applies with respect to any development within the Tomago Industrial site and so applies whether or not the development is a transitional Part 3A project.
7 Land use zones
(1) For the purposes of this Policy, land within the Tomago Industrial site is in a zone as follows if the land is shown on the Land Zoning Map as being within that zone—(a) Zone IN1 General Industrial,(b) Zone SP2 Infrastructure,(c) Zone E2 Environmental Conservation.(2) The consent authority must have regard to the objectives for development in a zone when determining a development application in respect of land within the zone.
8 Zone IN1 General Industrial
(1) The objectives of Zone IN1 General Industrial are as follows—(a) to provide for a wide range of industrial, warehouse and related land uses,(b) to provide suitable areas for those industries that need to be separated from other land uses,(c) to encourage employment opportunities,(d) to minimise any adverse effect of industry on other land uses and the environment,(e) to enable other land uses that provide facilities or services to meet the day to day needs of workers in the area.(2) Development for any of the following purposes is permitted without consent within Zone IN1 General Industrial—environmental protection works.(3) Development for any of the following purposes is permitted with consent within Zone IN1 General Industrial—aquaculture; boat construction facilities; boat repair facilities; boat launching ramps; commercial port facilities; depots; drainage; earthworks; educational establishments; fill; freight transport facilities; hazardous industries; hazardous storage establishments; heavy industries; jetties; light industries; marinas; materials recycling or recovery centres; offensive industries; offensive storage establishments; office premises; signage; truck depots; vehicle body repair workshops; vehicle repair stations; warehouses or distribution centres; waste management facilities.(4) Except as otherwise provided by this Policy, development is prohibited within Zone IN1 General Industrial unless it is permitted by subclause (2) or (3).
9 Zone SP2 Infrastructure
(1) The objectives of Zone SP2 Infrastructure are as follows—(a) to provide for infrastructure and related land uses,(b) to prevent development that is not compatible with or that may detract from the provision of infrastructure,(c) to minimise any adverse effect of infrastructure on other land uses and the environment.(2) Development for any of the following purposes is permitted without consent within Zone SP2 Infrastructure—environmental protection works.(3) Development for any of the following purposes is permitted with consent within Zone SP2 Infrastructure—infrastructure (including railways, roads, conveyors, electricity transmission and distribution lines, gas pipelines, water pipelines, stormwater systems, flood management facilities, sewerage systems and telecommunications facilities), except if it is for the purposes of a public utility undertaking and is carried out by or on behalf of a public authority.(4) Except as otherwise provided by this Policy, development is prohibited within Zone SP2 Infrastructure unless it is permitted by subclause (2) or (3).
10 Zone E2 Environmental Conservation
(1) The objectives of Zone E2 Environmental Conservation are as follows—(a) to protect, manage and restore areas of high ecological, scientific, cultural or aesthetic values,(b) to prevent development that could destroy, damage or otherwise have an adverse effect on those values.(2) Development for any of the following purposes is permitted without consent within Zone E2 Environmental Conservation—environmental protection works.(3) Development for any of the following purposes is permitted with consent within Zone E2 Environmental Conservation—information and education facility.(4) Except as otherwise provided by this Policy, development is prohibited within Zone E2 Environmental Conservation unless it is permitted by subclause (2) or (3).
11 Public utility undertakings
(1) Development for the purposes of public utility undertakings that is carried out on land within the Tomago Industrial site does not require development consent.(2) Subclause (1) does not apply to development for which development consent is required by clause 9(3).
12 Subdivision—consent requirements
(1) Land within the Tomago Industrial site may be subdivided, but only with consent.Note—State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies certain subdivision development as exempt development.(2) (Repealed)
Division 4 Miscellaneous
13 Relationship with other environmental planning instruments
The only environmental planning instruments that apply, according to their terms, to the Tomago Industrial site are all other State environmental planning policies.
14 Notice of development applications to be given to councils
The Secretary, in respect of an application to carry out development within the Tomago Industrial site that is a transitional Part 3A project, must forward a copy of the application—(a) to the Port Stephens Council if the development, or any part of it, is proposed to be carried out in that council’s area, oror to both councils, as the case may require.(b) to the Newcastle City Council, if the development, or any part of it, is proposed to be carried out in that council’s area,
15 (Repealed)
16 Suspension of covenants, agreements and instruments
(1) For the purpose of enabling development on land within the Tomago Industrial site to be carried out in accordance with this Policy or with a consent granted under the Act, any agreement, covenant or other similar instrument that restricts the carrying out of that development does not apply to the extent necessary to serve that purpose.(2) Nothing in subclause (1) affects the rights or interests of any public authority under any registered instrument.(3) Pursuant to section 28 of the Act, before the making of this clause, the Governor approved of subclauses (1) and (2).
17 Infrastructure development and use of existing buildings of the Crown
(1) This Part 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 with or without development consent, or that is exempt development, under State Environmental Planning Policy (Infrastructure) 2007.(2) This Part does not restrict or prohibit, or enable the restriction or prohibition of, the use of existing buildings of the Crown by the Crown.
Part 11
(Repealed)
Part 12 Barangaroo site
Division 1 Preliminary
1 Land to which this Part Applies
This Part applies to the land identified on the Land Application Map, referred to in this Schedule as the Barangaroo site.
2 Interpretation
(1) In this Part—Gross Floor Area Map means the State Environmental Planning Policy (State Significant Precincts) 2005 Barangaroo Gross Floor Area Map.Height of Buildings Map means the State Environmental Planning Policy (State Significant Precincts) 2005 Barangaroo Height of Buildings Map.heritage item means a building that is shown as a heritage item on the Heritage Map.Heritage Map means the State Environmental Planning Policy (State Significant Precincts) 2005 Barangaroo Heritage Map.Land Application Map means the State Environmental Planning Policy (State Significant Precincts) 2005 Barangaroo Land Application Map.Land Zoning Map means the State Environmental Planning Policy (State Significant Precincts) 2005 Barangaroo Land Zoning Map.(2) A word or expression used in this Part has the same meaning as it has in the standard instrument prescribed by the Standard Instrument (Local Environmental Plans) Order 2006 (as in force immediately before the commencement of the Standard Instrument (Local Environmental Plans) Amendment Order 2011) unless it is otherwise defined in this Part.
3 Relationship with other environmental planning instruments
The only environmental planning instruments that apply, according to their terms, to or in respect of development on land within the Barangaroo site are this Policy and all other State environmental planning policies except State Environmental Planning Policy No 1—Development Standards.
4 (Repealed)
Division 2
5 (Repealed)
Division 3 Provisions applying to development within Barangaroo site
6 Application of Division
This Division applies with respect to any development within the Barangaroo site and so applies whether or not the development is a transitional Part 3A project.
7 Land use zones
(1) For the purposes of this Policy, land within the Barangaroo site is in a zone as follows if the land is shown on the Land Zoning Map as being within that zone—(a) Zone B4 Mixed Use,(b) Zone RE1 Public Recreation.(2) The consent authority must have regard to the objectives for development in a zone when determining a development application in respect of land within the zone.
8 Zone B4 Mixed Use
(1) The objectives of Zone B4 Mixed Use are as follows—(a) to provide a mixture of compatible land uses,(b) to integrate suitable development in accessible locations so as to maximise public transport patronage and encourage walking and cycling,(c) to encourage a diverse and compatible range of activities through various means, including the following—(i) commercial and retail development,(ii) cultural and entertainment facilities,(iii) tourism, leisure and recreation facilities,(iv) social, education and health services,(v) higher density residential development,(d) to incorporate contemporary urban design principles in the design of new buildings and the interpretation of their relationship with the public domain,(e) to implement the principles of energy efficiency, travel demand management and other sustainable development practices as part of the development assessment process,(f) to facilitate the conservation of heritage items,(g) to ensure that the nuisance generated by non-residential development, such as that related to operating hours, noise, loss of privacy, vehicular and pedestrian traffic or other factors, is controlled so as to preserve the quality of life for residents in the area.(2) Except as otherwise provided by this Policy, development for any purpose may be carried out with consent on land within Zone B4 Mixed Use unless prohibited by subclause (3).(3) Development for any of the following purposes is prohibited on land within Zone B4 Mixed Use—bulky goods premises; caravan parks; dual occupancies; dwelling houses; extractive industries; hazardous industries; hazardous storage establishments; heavy industries; industries; light industries; materials recycling or recovery centres; mines; moveable dwellings; offensive industries; offensive storage establishments; restricted premises; sex services premises; truck depots; warehouse or distribution centres.
9 Zone RE1 Public Recreation
(1) The objectives of Zone RE1 Public Recreation are as follows—(a) to enable land to be used for public open space or recreational purposes,(b) to provide a range of recreational settings and activities and compatible land uses,(c) to protect and enhance the natural environment for recreational purposes,(d) to ensure the vitality and safety of the community and public domain,(e) to promote and maintain public access to and along the foreshore,(f) to allow land beneath the finished surface of the public domain to be used for car parking associated with development on land within Zone B4 Mixed Use if it can be demonstrated that any such use will not detract from the primary use of the land for public open space or recreational purposes,(g) to allow the public domain to be enhanced by a variety of compatible land uses in a manner that contributes positively to, and does not dominate, the primary use of the land for public open space or recreational purposes,(h) to allow land to be used in conjunction with the transportation of passengers by water.(2) Development for any of the following purposes may be carried out with consent on land within Zone RE1 Public Recreation—business identification signs; charter and tourism boating facilities; community facilities; earth works; entertainment facilities; environmental facilities; environmental protection works; filming; flood mitigation works; food and drink premises; function centres; information and education facilities; jetties; kiosks; markets; moorings; passenger transport facilities; public entertainment; public halls; recreation areas; recreation facilities (indoor); recreation facilities (outdoor); roads; telecommunications facilities; telecommunications networks; temporary structures; transport depots; underground car parks; water recreation structures; waterbodies (artificial).(3) Except as otherwise provided by this Policy, development is prohibited on land within Zone RE1 Public Recreation unless it is permitted by subclause (2).(4) For the purposes of subclause (2), kiosk means retail premises with a gross floor area not exceeding 80 square metres and that provides food, light refreshments and other small convenience items such as newspapers, films and the like.
10, 11 (Repealed)
12 Demolition within Zone RE1 Public Recreation
Development for the purposes of demolition may be carried out with consent on land within Zone RE1 Public Recreation.
13 Advertising within Zone RE1 Public Recreation
Development for the purposes of an advertisement may be carried out with consent on land within Zone RE1 Public Recreation if—(a) the advertisement is erected by, or on behalf of, a public authority, and(b) it is displayed on public street furniture, a bus shelter, a public telephone booth or a similar structure.
14 (Repealed)
15 Public utility undertakings
(1) Development for the purposes of public utility undertakings that is carried out on land within the Barangaroo site does not require development consent.(2) This clause does not apply to any development to which clause 14 applies.
16 Subdivision—consent requirements
(1) Consent required for subdivision Land within the Barangaroo site may be subdivided, but only with consent.Note—State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies certain subdivision development as exempt development.(2) (Repealed)(3) Strata subdivision Subject to the other provisions of this Part, development consent may be granted to a subdivision of land under the Strata Schemes (Freehold Development) Act 1973 or the Strata Schemes (Leasehold Development) Act 1986 only if the consent authority is satisfied that the subdivision will result in lots that—(a) if the subdivision is for the purpose of the erection of a building, are capable of accommodating a building that—(i) complies with all relevant requirements of this Part, including those relating to maximum building height and gross floor area, design excellence and heritage conservation, and(ii) is not an overdevelopment of the lot, and(iii) facilitates orderly and high quality development of the resultant lots, and(b) provide an appropriate curtilage for any heritage item on the land that does not adversely affect the heritage significance of the item, and(c) are compatible with the existing subdivision pattern of the locality.(4) Before granting consent for stratum subdivision of a building, the consent authority must consider whether the related building management statement or strata management statement adequately addresses the ongoing maintenance, upgrading, redevelopment and structural adequacy of the part of the building within each proposed stratum lot.(5) Before granting the subdivision certificate for strata subdivision of a new or refurbished building, the consent authority must be satisfied that any occupation certificate needed before the building is occupied has been issued.
17 Height of buildings
The height of a building on any land within the Barangaroo site is not to exceed the height for development on the land, expressed as Reduced Level (RL), as shown on the Height of Buildings Map.
18 Gross floor area restrictions
The total gross floor area of all buildings on any land within the Barangaroo site is not to exceed the gross floor area shown for the land shown on the Gross Floor Area Map.
19 Design excellence
(1) Consent must not be granted to development involving the erection of a new building or external alterations to an existing building unless the consent authority has considered whether the proposed building exhibits design excellence.(2) In considering whether the proposed building exhibits design excellence, the consent authority must have regard to the following matters—(a) whether a high standard of architectural design, materials and detailing appropriate to the building type and location will be achieved,(b) whether the form and external appearance of the building will improve the quality and amenity of the public domain,(c) whether the building will meet sustainable design principles in terms of sunlight, natural ventilation, wind, reflectivity, visual and acoustic privacy, safety and security and resource, energy and water efficiency,(d) if a design competition is required to be held in relation to the building, as referred to in subclause (3), the results of the competition.(3) Consent must not be granted to the following development unless a design competition has been held in relation to the proposed development—(a) the erection of a new building that will be greater than Reduced Level (RL) 57,(b) the erection of a new building on a site of greater than 1,500 square metres.(4) Subclause (3) does not apply if the Secretary—(a) certifies in writing that the development is one for which an architectural design competition is not required because of the excellence of the proposed design for the development concerned, and(b) is satisfied that—(i) the architect responsible for the proposed design has an outstanding reputation in architecture, and(ii) necessary arrangements have been made to ensure that the proposed design is carried through to the completion of the development concerned.(5) The Secretary may issue procedures setting out or dealing with the following—(a) the conduct of design competitions,(b) the establishment of design competition juries.(6) In the event a design competition is held, the consent authority must, before granting consent, consider the advice of a design competition jury established in accordance with any procedures issued under this clause.(7) In this clause—design competition means a competitive process conducted in accordance with procedures issued by the Secretary from time to time.
20 Exceptions to development standards
(1) The objectives of this clause are—(a) to provide an appropriate degree of flexibility in applying certain development standards to particular development, and(b) to achieve better outcomes for and from development by allowing flexibility in particular circumstances.(2) 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.(3) 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) 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 Secretary has been obtained.(5) In deciding whether to grant concurrence, the 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 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).
21 Heritage conservation
(1) A person must not, in respect of a building, work, relic, tree or place that is a heritage item—(a) demolish, dismantle, move or alter the building, work, relic, tree or place, or(b) damage or remove the relic, or(c) excavate land for the purpose of discovering, exposing or moving the relic, or(d) damage or despoil the tree or place, or(e) erect a building on, or subdivide, land on which the building, work or relic is situated or that comprises the place, or(f) damage any tree, or land on which the building, work or relic is situated, or the land that comprises the place, orexcept with the consent of the consent authority.(g) make structural changes to the interior of the building or work,(2) However, consent under this clause is not required if the proponent of the development has notified the consent authority of the proposed development and the consent authority has advised the proponent in writing before any work is carried out that it is satisfied that the proposed development—(a) is of a minor nature, or is for the maintenance of the heritage item, and(b) would not adversely affect the significance of the heritage item.
22 Infrastructure development and the use of existing buildings of the Crown
(1) This Part does not restrict or prohibit, or enable the restriction or prohibition of, the carrying out of any development that is permitted to be carried out with or without consent or that is exempt development under State Environmental Planning Policy (Infrastructure) 2007.(2) This Part does not restrict or prohibit, or enable the restriction or prohibition of, the use of existing buildings of the Crown by the Crown.
23 Development near zone boundaries
(1) The objective of this clause 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 clause applies to so much of any land that is within the relevant distance of a boundary between any 2 zones. The relevant distance is 25 metres.(3) Despite the provisions of this Part relating to the purposes for which development may be carried out, consent may be granted to development of land to which this clause 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.(4) This clause does not prescribe a development standard that may be varied under this Part.
Parts 13–21
(Repealed)
Part 22 Greystanes Southern Employment Lands site
Division 1 Preliminary
1 Land to which Part applies
This Part applies to the land identified on the Land Application Map, being the Greystanes Southern Employment Lands site (referred to in this Schedule as the Greystanes SEL site).
2 Interpretation
(1) In this Part—Additional Permitted Uses Map means the State Environmental Planning Policy (Major Projects) 2005 (Amendment No 22)—Greystanes Southern Employment Lands Site—Additional Permitted Uses Map.associated office premises means premises associated with development on land within Zone IN2 Light Industrial for another purpose permitted by clause 8(2) or (3).means the relevant council.garden centre means a building or place the principal purpose of which is the retail sale of plants and landscaping and gardening supplies and equipment. It may, if ancillary to the principal purpose for which the building or place is used, include a restaurant or cafe and the sale of any of the following—(a) outdoor furniture and furnishings, barbecues, shading and awnings, pools, spas and associated supplies, and items associated with the construction and maintenance of outdoor areas,(b) pets and pet supplies,(c) fresh produce.Land Application Map means the State Environmental Planning Policy (Major Projects) 2005 (Amendment No 22)—Greystanes Southern Employment Lands Site—Land Application Map.Land Zoning Map means the State Environmental Planning Policy (Major Projects) 2005 (Amendment No 22)—Greystanes Southern Employment Lands Site—Land Zoning Map.relevant council, in relation to land, means the Council of the local government area in which the land is situated.(2) A word or expression used in this Part has the same meaning as it has in the standard instrument prescribed by the Standard Instrument (Local Environmental Plans) Order 2006 (as in force immediately before the commencement of the Standard Instrument (Local Environmental Plans) Amendment Order 2011), unless it is otherwise defined in this Part.
3 Relationship with other environmental planning instruments
The only environmental planning instruments that apply, according to their terms, to land within the Greystanes SEL site are this Policy and all other State environmental planning policies, except State Environmental Planning Policy No 1—Development Standards.
4 (Repealed)
Division 2 Provisions relating to development within Greystanes SEL site
5 Application of Division
(1) This Division applies to development on land in the Greystanes SEL site, except as provided by subclause (2).(2) Clauses 7, 8, 9, 11 and 20–26 do not apply to development within the Greystanes SEL site to the extent that it is a transitional Part 3A project.
6 Land use zones
For the purposes of this Division, land within the Greystanes SEL site is in a zone as follows if the land is shown on the Land Zoning Map as being within that zone—(a) Zone B7 Business Park,(b) Zone IN2 Light Industrial.
7 Objectives of land use zones to be taken into account
The consent authority must have regard to the objectives for development in a zone when determining a development application in respect of land within the zone.
8 Zone B7 Business Park
(1) The objectives of Zone B7 Business Park are as follows—(a) to provide a range of office and research and development uses,(b) to encourage employment opportunities,(c) to enable other land uses that provide facilities or services to meet the day to day needs of workers in the area,(d) to service the site by providing for a variety of commercial and retail facilities.(2) Development for the purpose of environmental protection works is permitted without development consent on land within Zone B7 Business Park.(3) Development for any of the following purposes is permitted only with development consent on land within Zone B7 Business Park—business premises; car parks; centre-based child care facilities; community facilities; food and drink premises; function centres; light industries; neighbourhood shops; office premises; passenger transport facilities; pubs; recreation facilities (indoor); restaurants; retail premises; roads; service stations; supermarkets, transport depots; truck depots; vehicle repair stations; warehouses or distribution centres.(4) Except as otherwise provided by this Division, development is prohibited on land within Zone B7 Business Park unless it is permitted by subclause (2) or (3).
9 Zone IN2 Light Industrial
(1) The objectives of Zone IN2 Light Industrial are as follows—(a) to provide a wide range of light industrial, warehouse and related land uses,(b) to encourage employment opportunities,(c) to minimise any adverse effect of industry on other land uses,(d) to enable other land uses that provide facilities or services to meet the day to day needs of workers in the area,(e) to facilitate employment-generating development for a wide range of purposes, including light industry, technology-based industry, manufacturing, warehousing, storage and research.(2) Development for the purpose of environmental protection works is permitted without development consent on land within Zone IN2 Light Industrial.(3) Development for any of the following purposes is permitted only with development consent on land within Zone IN2 Light Industrial—associated office premises; centre-based child care facilities; depots; freight transport facilities; garden centres; hardware and building supplies; hotel accommodation (on land shown on the Additional Permitted Uses Map); light industries; materials recycling or recovery centres; neighbourhood shops; roads; passenger transport facilities; places of public worship; take away food and drink premises; timber and building supplies; vehicle repair stations; warehouses or distribution centres.(4) Except as otherwise provided by this Division, development is prohibited on land within Zone IN2 Light Industrial unless it is permitted by subclause (2) or (3).
10 Prohibited development
Development, other than development that is permitted with or without consent on land within a zone, is prohibited on land within that zone.
11 Subdivision
(1) Land within the Greystanes SEL site may be subdivided, but only with development consent.Note—State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies certain subdivision development as exempt development.(2) (Repealed)
12 Infrastructure development and the use of existing buildings of the Crown
(1) This Part does not restrict or prohibit, or enable the restriction or prohibition of, the carrying out of any development that is permitted to be carried out with or without consent or that is exempt development under State Environmental Planning Policy (Infrastructure) 2007.(2) This Part does not restrict or prohibit, or enable the restriction or prohibition of, the use of existing buildings of the Crown by the Crown.
13 Height of buildings
The height of a building on any land—(a) within Zone B7 Business Park must not exceed 25 metres, andmeasured from ground level (finished).(b) within Zone IN2 Light Industrial must not exceed 15 metres,
14 Gross floor area
(1) The total gross floor area of all buildings on land within Zone B7 Business Park must not exceed 104,000 square metres, and within that amount—(a) the total gross floor areas of all buildings, other than those buildings included in paragraph (b), must not exceed 97,500 square metres, and(b) the total gross floor area of all retail premises, service stations and vehicle repair stations must not exceed 6,500 square metres, and within that amount the gross floor area of all pubs must not exceed 2,500 square metres and the gross floor area of all supermarkets must not exceed 2,000 square metres, and(c) any building containing office premises must have a minimum gross floor area of 3,000 square metres.(2) The following gross floor area requirements apply to buildings on land within Zone IN2 Light Industrial—(a) if the boundary of that land at every point is less than 400 metres from a bus stop, no more than 50% of the gross floor area of the buildings on that land may be used for the purpose of associated office premises,(b) if the boundary of that land at every point is 400 metres or more from a bus stop, no more than 30% of the gross floor area of the buildings on that land may be used for the purpose of associated office premises.
15 Floor space ratio
The floor space ratio for any building on land within Zone IN2 Light Industrial must not exceed 0.75:1.
16 Hotel accommodation
Despite any other provision of this Division, the following requirements apply to development for the purpose of hotel accommodation on land to which this Division applies—(a) the gross floor area must not exceed 5,000 square metres,(b) the height must not exceed 25 metres measured from ground level (finished),(c) the floor space ratio must not exceed 1:1.
17 Centre-based child care facilities
The following requirements apply to development for the purposes of a child care centre on land to which this Division applies—(a) the development must be intended to primarily provide services to people working in the area in which the child care centre is located,(b) the development must provide no more than 40 child care places,(c) the development must have an internal play area of at least 130 square metres and an external play area of at least 280 square metres.
18 Car parking in new or existing buildings
(1) Development for the purpose of erecting a new building, or altering an existing building that increases the gross floor area of the building, being a building that is to be used for a purpose set out in Column 1 of the Table to this clause, must make provision for the car parking set out opposite that purpose in Column 2 of the Table.(2) For the purposes of this clause, the following are to be included as part of a building’s gross floor area—(a) any area of the building that is used for car parking and is at or above existing ground level,(b) any area of the building that is used for car parking below existing ground level, except where the car parking is provided as required by this clause.(3) Council owned public car parking is not to be included as part of a building’s gross floor area.Table
19 Exceptions to development standards—transitional Part 3A projects
(1) A development standard imposed by this or any other environmental planning instrument on development that is part of a transitional Part 3A project, and is within the Greystanes SEL site, does not apply to that development if the Secretary is satisfied, and issues a certificate to the effect, that—(a) compliance with the development standard is unreasonable or unnecessary in the circumstances of the case, and(b) there are sufficient environmental planning grounds to justify exempting the development from that development standard.(2) In deciding whether to issue a certificate, the 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 Secretary.
20 Exceptions to development standards—other development
(1) This clause applies to development, other than development that is part of a transitional Part 3A project.(2) The objectives of this clause are—(a) to provide an appropriate degree of flexibility in applying certain development standards to particular development, and(b) to achieve better outcomes for and from development by allowing flexibility in particular circumstances.(3) 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.(4) 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.(5) 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 (4), 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 Secretary has been obtained.(6) In deciding whether to grant concurrence, the 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 Secretary before granting concurrence.(7) 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 (4).(8) This clause does not allow consent to be granted for development that would contravene a development standard for complying development.
21 Design excellence
(1) Consent must not be granted to development involving the erection of a new building or external alterations to an existing building unless the consent authority has considered whether the proposed building exhibits design excellence.(2) In considering whether the proposed building exhibits design excellence, the consent authority must have regard to the following matters—(a) whether a high standard of architectural design, materials and detailing appropriate to the building type and location will be achieved,(b) whether the form and external appearance of the building will improve the quality and amenity of the public domain,(c) whether the building will meet sustainable design principles in terms of sunlight, natural ventilation, wind, reflectivity, visual and acoustic privacy, safety and security and resource, energy and water efficiency, and in accordance with any development control plan applying to the site area for the building.
22 Architectural roof features
(1) The objectives of this clause are—(a) to ensure that architectural roof features to which this clause applies are decorative elements only, and(b) to ensure that the majority of the roof features are contained within the prescribed building height.(2) Development that includes an architectural roof feature that exceeds, or causes a building to exceed, the height limits set by clause 13 may be carried out, but only with 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.
23 Public utility infrastructure
(1) Consent must not be granted to development on land within the Greystanes SEL site unless the consent authority is satisfied that any public utility infrastructure that is essential for the proposed development is available or that adequate arrangements have been made to make that infrastructure available when required.(2) In this clause, public utility infrastructure includes infrastructure for any of the following—(a) the supply of water,(b) the supply of electricity,(c) the supply of natural gas,(d) the disposal and management of sewage.(3) This clause does not apply to development for the purpose of providing, extending, augmenting, maintaining or repairing any public utility infrastructure referred to in this clause.
24–26 (Repealed)
sch 3: Am 2005 (392), Sch 1 [23] [24]; 2005 (851), Sch 1 [3] [4]; 2006 (420), Sch 1; 2006 (442), Sch 1; 2006 (495), Sch 1 [5] [6]; 2006 (665), Sch 1 [2]–[4]; 2007 (40), Sch 1 [1] [2]; 2007 (202), Sch 1 [1] [2]; 2007 (217), Sch 1 [1] [2]; 2007 (234), Sch 1 [1] [2]; 2007 No 27, Sch 4.31; 2007 (345), Sch 1 [1] [2]; 2007 (359), Sch 1 [23]–[25]; 2007 (511), Sch 1 [4] [5]; 2008 (292), Sch 1; 2008 (293), Sch 1; 2008 (406), Sch 1; 2008 (457); Sch 1; 2008 (483), Sch 1 [1]–[6]; 2008 (495), Sch 1 [2]; 2008 (496), Sch 1 [2]; 2008 (511), Sch 1; 2008 (557), Sch 1 [2]; 2008 No 114, Sch 2.30; 2008 (629), Sch 1; 2009 (5), Sch 1; 2009 (120), Sch 1; 2009 (161), Sch 1; 2009 (283), Sch 1 [1]–[12]; 2009 No 56, Sch 2.63 [1]–[3]; 2009 (333), Sch 1 [1]–[5]; 2009 (342), Sch 1 [5]; 2009 (364), Sch 3.7; 2009 (456), Sch 1; 2009 (494), Sch 1 [2]; 2009 (549), Sch 1; 2009 (604), Sch 1; 2010 (18), cl 3; 2010 (19), Sch 1 [1] [2]; 2010 (136) Sch 1 [1]–[67]; 2010 (137), Sch 1; 2010 No 59, Sch 2.88 [1] [2]; 2010 (316), cl 1.9 (2A); 2010 (361), Sch 1; 2010 (417), Sch 1 [1]–[3]; 2010 (522), cl 3; 2010 (531), Sch 1 [1]–[7]; 2010 (604), Sch 1 [1] [2]; 2010 (615), Sch 1.1 [2]–[6]; 2010 (620), Sch 1 [1] [2]; 2010 (631), Sch 1.1 [1] [2]; 2010 (692), Sch 1 [1]–[6]; 2010 (765), Sch 1; 2011 (10), Sch 1 [1]; 2011 (26), Sch 1 [1] [2]; 2011 (100), cl 3 (1) (2); 2011 (103), Sch 1.10 [2]; 2011 No 27, Sch 2.51; 2011 (405), Sch 1; 2011 (406), cl 3; 2011 (511), Sch 6.12 [26]–[33]; 2011 No 62, Sch 2.34 [2]; 2011 (679), Sch 1 [1] [2]; 2012 (31), Sch 1 [1]–[5]; 2012 (106), Sch 1 [1]–[5]; 2012 (120), Sch 1 [1]–[11]; 2012 (203), cl 3 (1) (2); 2012 No 42, Sch 5; 2012 (473), Sch 1 [2] [3]; 2012 (671), Sch 1 [1]–[9]; 2013 (67), cl 3; 2013 (228), Sch 3 [1]–[7]; 2013 (241), Sch 2.1 [1]–[7]; 2013 (706), Sch 2.13 [2]–[13] [16]–[35]; 2013 (759), cl 1.8B (1); 2014 (17), cl 3 (1)–(4); 2014 (97), Sch 2.2 [1]; 2014 (148), cl 4; 2014 (179), cl 1.8B; 2014 (220), cl 3; 2015 (127), cl 5; 2015 (588), Sch 2; 2016 (127), cl 3 (1)–(6); 2016 (130), cl 3; 2016 (364), Sch 1; 2016 (310), Sch 4.31; 2016 (564), Sch 1 [1]–[3]; 2017 (493), Sch 3.4 [1]–[3]; 2018 (68), Sch 2 [1]; 2018 (106), Sch 2.18 [2]; 2018 (420), Sch 1 [1]; 2018 (488), Sch 2.2 [2]–[4]; 2018 (513), Sch 1 [1]–[11]; 2018 (718), Sch 1 [1] [2]; 2019 (460), cl 4 (1) (2); 2019 (577), Sch 1.3[1]–[5].
27 Suspension of covenants, agreements and instruments
(1) For the purpose of enabling development on land within the Greystanes SEL site to be carried out in accordance with this Policy or with a consent granted under the Act, any agreement, covenant or other similar instrument that restricts the carrying out of that development does not apply to the extent necessary to serve that purpose.(2) This clause does not apply—(a) to a covenant imposed by a relevant Council or that a relevant Council requires to be imposed, or(b) to any prescribed instrument within the meaning of section 183A of the Crown Lands Act 1989, or(c) to any conservation agreement within the meaning of the National Parks and Wildlife Act 1974, or(d) to any Trust agreement within the meaning of the Nature Conservation Trust Act 2001, or(e) to any property vegetation plan within the meaning of the Native Vegetation Act 2003, or(f) to any biobanking agreement within the meaning of Part 7A of the Threatened Species Conservation Act 1995.(3) This clause does not affect the rights or interests of any public authority under any registered instrument.(4) Pursuant to section 28 of the Act, before the making of this clause, the Governor approved of subclauses (1)–(3).
Part 23 Sydney Olympic Park site
Division 1 Preliminary
1 Land to which Part applies
This Part applies to the land identified on the Land Application Map, referred to in this Part as the Sydney Olympic Park site.Note—The Sydney Olympic Park site includes additional land to the land that is described as being within the Sydney Olympic Park for the purposes of the Sydney Olympic Park Authority Act 2001.
2 Interpretation
(1) In this Part—Acid Sulfate Soils Map means the State Environmental Planning Policy (State Significant Precincts) 2005 Sydney Olympic Park Acid Sulfate Soils Map.Authority means the Sydney Olympic Park Authority.building height (or height of building) means the vertical distance, measured in metres, between ground level (existing) at any point to the highest point of the highest habitable floor (including above ground car parking) of the building, excluding plant and lift overruns, communication devices, antennae, satellite dishes, masts, flagpoles, chimneys, flues and the like.Environmental Conservation Areas Map means the State Environmental Planning Policy (State Significant Precincts) 2005 Sydney Olympic Park Environmental Conservation Areas Map.Floor Space Ratio Map means the State Environmental Planning Policy (State Significant Precincts) 2005 Sydney Olympic Park Floor Space Ratio Map.Height of Buildings Map means the State Environmental Planning Policy (State Significant Precincts) 2005 Sydney Olympic Park Height of Buildings Map.heritage conservation area means one of the following areas of land, as shown on the Heritage Map as a heritage conservation area—(a) State Abattoirs,(b) Newington Armory.heritage item means—(a) the Olympic Cauldron at Sydney Olympic Park, being a heritage item of State significance listed in the State Heritage Register, and(b) a building, work, archaeological site, tree, place or Aboriginal object situated within a heritage conservation area and specified in one of the following documents—(i) Abattoir Heritage Precinct Sydney Olympic Park: Conservation Management Plan, dated September 2013, prepared by the Government Architect’s Office, NSW Public Works, Department of Finance and Services, a copy of which is held in the head office of the Authority,(ii) Newington Armament Depot and Nature Reserve Sydney Olympic Park: Conservation Management Plan, dated September 2013, prepared by Tanner Architects, a copy of which is held in the head office of the Authority.Heritage Map means the State Environmental Planning Policy (State Significant Precincts) 2005 Sydney Olympic Park Heritage Map.high technology industry means the manufacturing, production, assembling, processing, or research and development, of any of the following—(a) electronic and microelectronic systems, goods or components,(b) information technology, computer software or hardware,(c) instrumentation or instruments,(d) biological, pharmaceutical, medical or paramedical systems, goods or components.Intensive Urban Development Map means the State Environmental Planning Policy (State Significant Precincts) 2005 Sydney Olympic Park Intensive Urban Development Map.Land Application Map means the State Environmental Planning Policy (State Significant Precincts) 2005 Sydney Olympic Park Land Application Map.Land Zoning Map means the State Environmental Planning Policy (State Significant Precincts) 2005 Sydney Olympic Park Land Zoning Map.major event means a business-oriented occasion or a cultural, social or sporting related occasion (such as an exhibition, a festival, a show or other like happening) occurring on one or more days and—(a) designed for more than 10,000 patrons or participants per day at a single major event venue, or(b) designed for more than 20,000 patrons or participants per day at two or more major event venues, or(c) involving a total floor area of temporary tents or marquees of more than 1,000 square metres each day, orbut does not include the use of a major event venue that is consistent with any existing development consent applying to the major event venue.(d) involving a temporary floor area of a temporary stage or platform of more than 3,000 square metres each day,major event infrastructure means traffic and transport infrastructure that supports the access of patrons and participants to and from major events, including the following—(a) bus terminals, busways, coachparks or public carparks within the Sydney Olympic Park site,(b) the M4 Exit Ramp,(c) the major event cross roads, being the Boulevard and Dawn Fraser Avenue,(d) the major event loop road, being Edwin Flack Avenue, Sarah Durack Avenue, Kevin Combs Avenue and Australia Avenue,(e) the Place Management Centre.major event venue means a facility or public space designed to be used for, or to support, a major event, including the following—(a) the Athletics Centre,(b) the Aquatic Centre,(c) Bicentennial Park,(d) Blaxland Riverside Park,(e) the Carnival Site,(f) Cathy Freeman Park,(g) the Exhibition Halls and Showgrounds,(h) the Greater Western Sydney Training Centres and Tom Wills Oval,(i) the Hockey Centre,(j) the Netball Central,(k) Newington Armory,(l) Olympic Boulevard,(m) the Sports Centre,(n) the Sports Halls,(o) the Stadium,(p) the Superdome,(q) the Tennis Centre.master plan means a master plan under section 18 of the Sydney Olympic Park Authority Act 2001 that has been prepared by the Authority and publicly exhibited in accordance with clause 27 and approved by the Minister, a copy of which is held in the head office of the Department.minor event means a business-oriented occasion or a cultural, social or sporting-related occasion (such as an exhibition, a festival, a show or other like happening) occurring on one or more days, at any place or venue (including a major event venue), but does not include an occasion that is a major event.Parklands Plan of Management means the Parklands Plan of Management 2010, prepared by the Authority and adopted by the Minister for Western Sydney on 8 November 2010, a copy of which is held in the head office of the Authority.place of Aboriginal heritage significance means an area of land shown on the Heritage Map as a place of Aboriginal heritage significance.Reduced Level Map means the State Environmental Planning Policy (State Significant Precincts) 2005 Sydney Olympic Park Reduced Level Map.(2) A word or expression used in this Part has the same meaning as it has in the standard instrument prescribed by the Standard Instrument (Local Environmental Plans) Order 2006 (as in force immediately before the commencement of the Standard Instrument (Local Environmental Plans) Amendment Order 2011) unless it is otherwise defined in this Part.
3 (Repealed)
4 Relationship with other environmental planning instruments
The only environmental planning instruments that apply, according to their terms, to land within the Sydney Olympic Park site are this Policy and all other State environmental planning policies, except State Environmental Planning Policy No 1—Development Standards.
5 (Repealed)
Division 2 Provisions relating to development within Sydney Olympic Park site
6 Application of Division
(1) This Division applies to development on land within the Sydney Olympic Park site, except as provided by subclause (2).(2) Clauses 7–14, 16, 20A and 22–35 do not apply to development to the extent that it is a transitional Part 3A project.
7 Land use zones
(1) For the purposes of this Part, land within the Sydney Olympic Park site is in a zone as follows if the land is shown on the Land Zoning Map as being within that zone—(a) Zone B1 Neighbourhood Centre,(b) Zone B4 Mixed Use,(c) Zone SP2 Infrastructure,(d) Zone RE1 Public Recreation,(e) Zone E1 National Parks and Nature Reserves,(f) Zone E2 Environmental Conservation,(g) Zone E3 Environmental Management.(2) The consent authority must have regard to the objectives for development in a zone when determining a development application in respect of land within the zone.
8 Zone B1 Neighbourhood Centre
(1) The objective of Zone B1 Neighbourhood Centre is to provide a range of small-scale retail, business and community uses that serve the needs of people who live or work in the surrounding neighbourhood.(2) Development for any of the following purposes is permitted without development consent on land within Zone B1 Neighbourhood Centre—nil.(3) Development for any of the following purposes is permitted only with development consent on land within Zone B1 Neighbourhood Centre—business premises; centre-based child care facilities; community facilities; neighbourhood shops; residential accommodation (but only as part of a mixed use development); roads; shop top housing.(4) Except as otherwise provided by this Part, development is prohibited on land within Zone B1 Neighbourhood Centre unless it is permitted by subclause (2) or (3).
9 Zone B4 Mixed Use
(1) The objectives of Zone B4 Mixed Use are as follows—(a) to protect and promote the major events capability of the Sydney Olympic Park site and to ensure that it becomes a premium destination for major events,(b) to integrate suitable business, office, residential, retail and other development in accessible locations so as to maximise public transport patronage and encourage walking and cycling,(c) to ensure that the Sydney Olympic Park site becomes an active and vibrant town centre within metropolitan Sydney,(d) to provide for a mixture of compatible land uses,(e) to encourage diverse employment opportunities,(f) to promote ecologically sustainable development and minimise any adverse effect of land uses on the environment,(g) to encourage the provision and maintenance of affordable housing.(2) Development for any of the following purposes is permitted without consent on land within Zone B4 Mixed Use—environmental protection works; recreation areas.(3) Except as otherwise provided by this Part, development for any of the following purposes is permitted with consent on land within Zone B4 Mixed Use—roads; any other development not specified in subclause (2) or (4).(4) Development for any of the following purposes is prohibited on land within Zone B4 Mixed Use—bulky goods premises; caravan parks; industries; moveable dwellings; resource recovery facilities; restricted premises; rural industries; sex services premises; truck depots; warehouse or distribution centres.
10 Zone SP2 Infrastructure
(1) The objectives of Zone SP2 Infrastructure are as follows—(a) to provide for infrastructure and related uses,(b) to prevent development that is not compatible with or that may detract from the provision of infrastructure.(2) Development for any of the following purposes is permitted without consent on land within Zone SP2 Infrastructure—nil.(3) Development for any of the following purposes is permitted only with consent on land within Zone SP2 Infrastructure—environmental facilities; environmental protection works; roads; signage.(4) Except as otherwise provided by this Part, development is prohibited on land within Zone SP2 Infrastructure unless it is permitted by subclause (2) or (3).
11 Zone RE1 Public Recreation
(1) The objectives of Zone RE1 Public Recreation are as follows—(a) to enable land to be used for public open space or recreational purposes,(b) to provide for a range of recreational settings and activities and compatible land uses,(c) to protect and enhance the natural environment for recreational purposes,(d) to support the Sydney Olympic Park site as a premium destination for major events.(2) Development for any of the following purposes is permitted without consent on land within Zone RE1 Public Recreation—environmental protection works; minor events; roads.(3) Development for any of the following purposes is permitted only with consent on land within Zone RE1 Public Recreation—boat sheds; car parks; caravan parks; community facilities; depots; entertainment facilities; environmental facilities; filming; food and drink premises; heliports; information and education facilities; kiosks (but only if the gross floor area is 30m2 or less); major events; markets; recreation areas; recreation facilities (indoor); recreation facilities (outdoor); research stations; signage; water recreation structures.(4) Except as otherwise provided by this Part, development for any of the following purposes is prohibited on land within Zone RE1 Public Recreation—pubs; any other development not specified in subclause (2) or (3).
12 Zone E1 National Parks and Nature Reserves
(1) The objectives of Zone E1 National Parks and Nature Reserves are as follows—(a) to enable the management and appropriate use of land that is reserved under the National Parks and Wildlife Act 1974 or that is acquired under Part 11 of that Act,(b) to enable uses authorised under the National Parks and Wildlife Act 1974,(c) to identify land that is to be reserved under the National Parks and Wildlife Act 1974 and to protect the environmental significance of that land.(2) Development for any of the following purposes is permitted without consent on land within Zone E1 National Parks and Nature Reserves—uses authorised under the National Parks and Wildlife Act 1974.(3) Development for any of the following purposes is permitted only with consent on land within Zone E1 National Parks and Nature Reserves—nil.(4) Except as otherwise provided by this Part, development is prohibited on land within Zone E1 National Parks and Nature Reserves unless it is permitted by subclause (2) or (3).
13 Zone E2 Environmental Conservation
(1) The objectives of Zone E2 Environmental Conservation are as follows—(a) to protect, manage and restore areas of high ecological, scientific, cultural or aesthetic values,(b) to prevent development that could destroy, damage or otherwise have an adverse effect on those values.(2) Development for any of the following purposes is permitted without development consent on land within Zone E2 Environmental Conservation—nil.(3) Development for any of the following purposes is permitted only with development consent on land within Zone E2 Environmental Conservation—environmental facilities; environmental protection works; filming.(4) Except as otherwise provided by this Part, development for any of the following purposes is prohibited on land within Zone E2 Environmental Conservation—business premises; hotel or motel accommodation; industries; multi dwelling housing; recreation facilities (major); residential flat buildings; retail premises; service stations; warehouse or distribution centres; any other development not specified in subclause (2) or (3).
14 Zone E3 Environmental Management
(1) The objectives of Zone E3 Environmental Management are as follows—(a) to protect, manage and restore areas of special ecological, scientific, cultural or aesthetic values,(b) to provide for a limited range of development that does not have an adverse effect on those values,(c) to assist in giving effect to the Parklands Plan of Management,(d) to support the capability of the Sydney Olympic Park site as a premium destination for major events.(2) Development for any of the following purposes is permitted without consent on land within Zone E3 Environmental Management—environmental protection works; home occupations; minor events.(3) Development for any of the following purposes is permitted only with consent on land within Zone E3 Environmental Management—community facilities; depots; dwelling houses; educational establishments; environmental facilities; filming; kiosks; recreation areas; recreation facilities (outdoor); research stations; roads; signage; water recreation structures.(4) Development for any of the following purposes is prohibited on land within Zone E3 Environmental Management—industries; multi dwelling housing; residential flat buildings; retail premises; seniors housing; service stations; warehouse or distribution centres; any other development not specified in subclause (2) or (3).
15 Prohibited development
Development, other than development that is permitted with or without consent on land within a zone, is prohibited on land within that zone.
16 Subdivision—consent requirements
(1) Land within the Sydney Olympic Park site may be subdivided, but only with consent.Note—State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies certain subdivision development as exempt development.(2) (Repealed)
17 Infrastructure development and the use of existing buildings of the Crown
(1) This Part does not restrict or prohibit, or enable the restriction or prohibition of, the carrying out of any development that is permitted to be carried out with or without consent or that is exempt development under State Environmental Planning Policy (Infrastructure) 2007.(2) This Part does not restrict or prohibit, or enable the restriction or prohibition of, the use of existing buildings of the Crown by the Crown.
18 Height of buildings
The height of a building on any land within the Sydney Olympic Park site is not to exceed the maximum height shown for the land on the Height of Buildings Map or the Reduced Level Map, whichever is applicable.
19 Floor space ratio
The maximum floor space ratio for a building on any land within the Sydney Olympic Park site is not to exceed the floor space ratio shown for the land on the Floor Space Ratio Map.
20 Calculation of floor space ratio and site area
(1) Objectives The objectives of this clause are as follows—(a) to define floor space ratio,(b) to set out rules for the calculation of the site area of development for the purpose of applying permitted floor space ratios.(2) Definition of “floor space ratio” The floor space ratio of buildings on a site is the ratio of the gross floor area of all buildings within the site to the site area.(3) Site area In determining the site area of proposed development for the purpose of applying a floor space ratio, the site area is taken to be—(a) if the proposed development is to be carried out on only one lot, the area of that lot, or(b) if the proposed development is to be carried out on 2 or more lots, the area of any lot on which the development is proposed to be carried out that has at least one common boundary with another lot on which the development is being carried out.In addition, subclauses (4)–(6) apply to the calculation of site area for the purposes of applying a floor space ratio to proposed development.(4) Strata subdivisions The area of a lot that is wholly or partly on top of another or others in a strata subdivision is to be included in the calculation of the site area only to the extent that it does not overlap with another lot already included in the site area calculation.(5) Only significant development to be included The site area for proposed development must not include a lot additional to a lot or lots on which the development is being carried out unless the proposed development includes significant development on that additional lot.(6) Existing buildings The gross floor area of any existing or proposed buildings within the vertical projection (above or below ground) of the boundaries of a site is to be included in the calculation of the total floor space for the purposes of applying a floor space ratio, whether or not the proposed development relates to all of the buildings.(7) Covenants to prevent “double dipping” When consent is granted to development on a site comprised of 2 or more lots, a condition of the consent may require a covenant to be registered in favour of a prescribed authority within the meaning of section 88E of the Conveyancing Act 1919 that prevents the creation of floor area on a lot (the restricted lot) if the consent authority is satisfied that an equivalent quantity of floor area will be created on another lot only because the site included the restricted lot.(8) Covenants affect consolidated sites If—(a) a covenant of the kind referred to in subclause (7) applies to any land (affected land), andthe maximum amount of floor area allowed on the other land by the floor space ratio fixed for the site by this Part is reduced by the quantity of floor space area the covenant prevents being created on the affected land.(b) the proposed development relates to the affected land and other land that together comprise the site of the proposed development,
20A Demolition requires consent
The demolition of a building or work may be carried out only with consent.Note—If the demolition of a building or work is identified in an applicable environmental planning instrument, such as this Part or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, as exempt development, the Act enables it to be carried out without consent.
21 Exceptions to development standards—transitional Part 3A projects
(1) A development standard imposed by this or any other environmental planning instrument on development that is part of a transitional Part 3A project, and is within the Sydney Olympic Park site, does not apply to that development if the Secretary is satisfied, and issues a certificate to the effect, that—(a) compliance with the development standard is unreasonable or unnecessary in the circumstances of the case, and(b) there are sufficient environmental planning grounds to justify exempting the development from that development standard.(2) In deciding whether to issue a certificate, the 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 Secretary.
22 Exceptions to development standards—other development
(1) This clause applies to development on land within the Sydney Olympic Part site, other than development that is part of a transitional Part 3A project.(2) The objectives of this clause are—(a) to provide an appropriate degree of flexibility in applying certain development standards to particular development, and(b) to achieve better outcomes for and from development by allowing flexibility in particular circumstances.(3) 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.(4) 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.(5) 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 (4), 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 Secretary has been obtained.(6) In deciding whether to grant concurrence, the 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 Secretary before granting concurrence.(7) 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 (4).(8) This clause does not allow 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.
23 Public utility infrastructure
(1) Development consent must not be granted for development on land within the Sydney Olympic Park site unless the consent authority is satisfied that any public utility infrastructure that is essential for the proposed development is available or that adequate arrangements have been made to make that infrastructure available when required.(2) In this clause, public utility infrastructure includes infrastructure for any of the following—(a) the supply of water,(b) the supply of electricity,(c) the supply of natural gas,(d) the disposal and management of sewage.(3) This clause does not apply to development for the purpose of providing, extending, augmenting, maintaining or repairing any public utility infrastructure.
24 Major events capability
(1) The objective of this clause is to protect and promote the major events capability of the Sydney Olympic Park site and to ensure that it remains a premium destination for major events.(2) Consent must not be granted to development on land within the Sydney Olympic Park site, if the consent authority is satisfied that during major events held within the Sydney Olympic Park site—(a) traffic generated by the development is likely to cause the local road network and connections to the regional road network to become saturated or otherwise fail, and(b) the development is likely to prevent the effective management of crowd movement and transport services, and(c) the development is likely to compromise the effective functioning of major event infrastructure, and(d) the development conflicts with the emergency management plans of government agencies or the emergency evacuation plans of major event venues.
25 Transport
Development consent must not be granted for development on land within the Sydney Olympic Park site unless the consent authority is satisfied that the development includes measures to promote public transport use, cycling and walking.
26 Master plan
(1) Development consent must not be granted for development on land within the Sydney Olympic Park site to which a master plan applies unless the consent authority has considered that master plan, except as provided by subclauses (2) and (3).(2) Consideration of a master plan is not required if the consent authority is satisfied that—(a) the development involves a temporary use of the land, and(b) the development is of a minor nature.(3) Development consent must not be granted for development on land within 400 metres of the Olympic Park Train Station unless the consent authority has considered whether the car parking requirements specified in the master plan should be reduced in respect of that development.
27 Preparation and approval of a master plan
(1) A master plan must be prepared by the Authority as a draft plan and publicly exhibited in accordance with the relevant community participation plan.(2) (Repealed)(3) Submissions made in accordance with the relevant community participation plan must be taken into consideration.(4) A master plan that is approved by the Minister may be in the same form or a different form as the draft plan that is publicly exhibited.(5) The approval of a master plan by the Minister must be publicly exhibited in accordance with the requirements (if any) of the relevant community participation plan.(6) The provisions of this clause apply to the amendment of a master plan in the same way as they apply to a master plan.
28 Review of master plan
The Authority is to review a master plan as soon as possible after the period of 5 years from the date the master plan has effect and is to report on the outcome of the review to the Minister.
29 Development within an environmental conservation area
(1) This clause applies to land within the Sydney Olympic Park site that is shown on the Environmental Conservation Areas Map as within an environmental conservation area.(2) Despite any other provision of this Part, the following development may only be carried out with development consent on land within an environmental conservation area—(a) filling, clearing, draining or dredging the land,(b) constructing a levee on the land,(c) removing or destroying any vegetation on the land.(3) Before granting development consent to development on land within an environmental conservation area, the consent authority must consider the likely effect of the proposed development on that environmental conservation area.(4) Development consent must not be granted for development on land to which this clause applies if, in the opinion of the consent authority, the development would reduce significantly the ecological value of that environmental conservation area.
30 Design excellence
(1) Development consent must not be granted for development that is the erection of a new building or external alterations to an existing building unless the consent authority—(a) has considered whether the proposed development exhibits design excellence, and(b) in the case of a building that will attain the maximum height shown for that land on the Height of Buildings Map or the Reduced Level Map (whichever is the lesser), is satisfied that the development exhibits design excellence.(2) In considering whether proposed development exhibits design excellence, the consent authority must have regard to the following matters—(a) whether a high standard of architectural design, materials and detailing appropriate to the building type and location will be achieved,(b) whether the form and external appearance of the building will improve the quality and amenity of the public domain,(c) whether the building meets sustainable design principles in terms of sunlight, natural ventilation, wind, reflectivity, visual and acoustic privacy, safety and security and resource, energy and water efficiency,(d) if a competition is held as referred to in subclause (3) in relation to the development, the results of the competition.(3) Development consent must not be granted to the following development unless a design competition has been held in relation to the proposed development—(a) the erection of a new building with a building height greater than 42 metres above ground level (existing),(b) the erection of a new building identified as requiring a design competition in a master plan.(3A) Despite clause 19, the consent authority may grant development consent for development that is the erection of a new building or external alterations to an existing building with a floor space that exceeds the maximum floor space permitted by that clause by an additional amount, to be determined by the consent authority, of up to 10%, if—(a) the building is to be erected on land marked as “Design competition sites” in Figure 4.6 (Design Competition Sites Plan) of the Sydney Olympic Park Master Plan 2030 (2018 Review), a copy of which is held in the head office of the Authority, and(b) the design of the building (or the design of an external alteration to the building) is the winner of a design competition and the consent authority is satisfied that the building or alteration exhibits design excellence.(4) In this clause—design competition means a competitive process conducted in accordance with procedures approved by the Secretary from time to time.
31 Heritage conservation
(1) Requirement for consent Development consent is required for any of the following—(a) demolishing or moving a heritage item or a building, work, relic or tree within a heritage conservation area,(b) altering a heritage item or a building, work, relic, tree or place within a heritage conservation area, including (in the case of a building) making changes to the detail, fabric, finish or appearance of its exterior,(c) altering a heritage item that is a building, by making structural changes to its interior,(d) 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,(e) disturbing or excavating a heritage conservation area that is a place of Aboriginal heritage significance,(f) erecting a building on land on which a heritage item is located or that is within a heritage conservation area,(g) subdividing land on which a heritage item is located or that is within a heritage conservation area.(2) When consent not required However, consent under this clause 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, archaeological site, or a building, work, relic, tree or place within a heritage conservation area, and(ii) would not adversely affect the significance of the heritage item, archaeological site or heritage conservation area, or(b) the development is limited to the removal of a tree or other vegetation that the consent authority is satisfied is a risk to human life or property, or(c) the development is exempt development.(3) Effect on heritage significance The consent authority must, before granting consent under this clause, consider the effect of the proposed development on the heritage significance of the heritage item or heritage conservation area concerned. This subclause applies regardless of whether a heritage impact statement is prepared under subclause (4) or a heritage conservation management plan is submitted under subclause (5).(4) Heritage impact assessment The consent authority may, before granting consent to any development on land—(a) on which a heritage item is situated, or(b) within a heritage conservation area, orrequire a heritage impact statement 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.(c) within the vicinity of land referred to in paragraph (a) or (b),(5) Places of Aboriginal heritage significance The consent authority must, before granting consent under this clause to the carrying out of development in a place of Aboriginal heritage significance—(a) consider the effect of the proposed development on the heritage significance of the place and any Aboriginal object known or reasonably likely to be located at the place, and(b) notify the local Aboriginal communities (in such way as it thinks appropriate) about the application and take into consideration any response received within 28 days after the notice is sent.
32 (Repealed)
33 Additional permitted uses—Newington Armory site
(1) The objective of this clause is to enable the Newington Armory to be adaptively reused for certain purposes, while conserving its heritage and cultural values and features.(2) This clause applies to the Newington Armory site within the Sydney Olympic Park site as shown hatched in blue on the Land Zoning Map.(3) Despite any other provision of this Part, a person may, with development consent, carry out development for the following purposes on land to which this clause applies—(a) centre-based child care facilities,(b) eco-tourist facilities,(c) function centres,(d) public administration buildings,(e) respite day care centres,(f) tourist and visitor accommodation.
34 Eco-tourist facilities
(1) The objectives of this clause are as follows—(a) to maintain the environmental and cultural values of land on which development for the purposes of eco-tourist facilities is carried out,(b) to provide for sensitively designed and managed eco-tourist facilities that have minimal impact on the environment both on and off-site.(2) This clause applies if development for the purposes of an eco-tourist facility is permitted with development consent under this Part.(3) The consent authority must not grant consent under this Part to carry out development for the purposes of an eco-tourist facility unless the consent authority is satisfied that—(a) there is a demonstrated connection between the development and the ecological, environmental and cultural values of the site or area, and(b) the development will be located, constructed, managed and maintained so as to minimise any impact on, and to conserve, the natural environment, and(c) the development will enhance an appreciation of the environmental and cultural values of the site or area, and(d) the development will promote positive environmental outcomes and any impact on watercourses, soil quality, heritage and native flora and fauna will be minimal, and(e) the site will be maintained (or regenerated where necessary) to ensure the continued protection of natural resources and enhancement of the natural environment, and(f) waste generation during construction and operation will be avoided and that any waste will be appropriately removed, and(g) the development will be located to avoid visibility above ridgelines and against escarpments and from watercourses and that any visual intrusion will be minimised through the choice of design, colours, materials and landscaping with local native flora, and(h) any infrastructure services to the site will be provided without significant modification to the environment, and(i) any power and water to the site will, where possible, be provided through the use of passive heating and cooling, renewable energy sources and water efficient design, and(j) the development will not adversely affect the agricultural productivity of adjoining land, and(k) the following matters are addressed or provided for in a management strategy for minimising any impact on the natural environment—(i) measures to remove any threat of serious or irreversible environmental damage,(ii) the maintenance (or regeneration where necessary) of habitats,(iii) efficient and minimal energy and water use and waste output,(iv) mechanisms for monitoring and reviewing the effect of the development on the natural environment,(v) maintaining improvements on an on-going basis in accordance with relevant ISO 14000 standards relating to management and quality control.
35 Arrangements for designated State public infrastructure
(1) The objective of this clause is to require satisfactory arrangements to be made for the provision of designated State public infrastructure before the development of land for the purposes of residential accommodation to satisfy needs that arise from development on the land, but only if the land is developed intensively for urban purposes.(2) Despite any other provision of this Part, development consent must not be granted for development for the purposes of residential accommodation in an intensive urban development area unless the Secretary has certified in writing to the consent authority that satisfactory arrangements have been made to contribute to the provision of designated State public infrastructure in relation to the land on which the development is to be carried out.(3) This clause does not apply to a development application to carry out development on land in an intensive urban development area if—(a) all or any part of the land to which the application applies is a special contributions area (as defined by section 93C of the Act), or(b) the development will not result in an increase in residential accommodation within the intensive urban development area.(4) In this Part—designated State public infrastructure means public facilities or services that are provided or financed by the State (or if provided or financed by the private sector, to the extent of any financial or in-kind contribution by the State) of the following kinds—(a) State and regional roads,(b) bus interchanges and bus lanes,(c) regional open space,(d) social infrastructure and facilities (such as schools, hospitals, emergency services and facilities for justice purposes).intensive urban development area means the area of land identified as “intensive urban development” on the State Environmental Planning Policy (State Significant Precincts) 2005 Sydney Olympic Park Intensive Urban Development Map.(5) This clause prevails over any other provision of this Part to the extent of any inconsistency.
Part 24 Sandon Point site
Division 1 Preliminary
1 Land to which Part applies
This Part applies to the land identified on the Land Application Map, referred to in this Part as the Sandon Point site.
2 Interpretation
(1) In this Part—council means the Wollongong City Council.Floor Space Ratio Map means the State Environmental Planning Policy (Major Development) Amendment (Sandon Point) 2009 Floor Space Ratio Map.Height of Buildings Map means the State Environmental Planning Policy (Major Development) Amendment (Sandon Point) 2009 Height of Buildings Map.heritage item means a building, work, archaeological site, tree, place or Aboriginal object shown on the Heritage Map as a heritage item.Heritage Map means the State Environmental Planning Policy (Major Development) Amendment (Sandon Point) 2009 Heritage Map.Land Application Map means the State Environmental Planning Policy (Major Development) Amendment (Sandon Point) 2009 Land Application Map.Land Reservation Acquisition Map means the State Environmental Planning Policy (Major Development) Amendment (Sandon Point) 2009 Land Reservation Acquisition Map.Land Zoning Map means the State Environmental Planning Policy (Major Development) Amendment (Sandon Point) 2009 Land Zoning Map.(2) A word or expression used in this Part has the same meaning as it has in the standard instrument prescribed by the Standard Instrument (Local Environmental Plans) Order 2006 (as in force immediately before the commencement of the Standard Instrument (Local Environmental Plans) Amendment Order 2011) unless it is otherwise defined in this Part.
3 Consent authority
The consent authority for development on land within the Sandon Point site, other than development that is a transitional Part 3A project, is the council.
4 (Repealed)
5 Relationship with other environmental planning instruments
The only environmental planning instruments that apply, according to their terms, to land within the Sandon Point site are this Policy and all other State environmental planning policies except—
Division 2 Provisions relating to development in Sandon Point site
6 Application of Division
(1) This Division applies to development on land within the Sandon Point site, except as provided by subclause (2).(2) Clauses 8–11, 13, 18–23 and 25 do not apply to development to the extent that it is a transitional Part 3A project.
7 Land use zones
For the purposes of this Part, land within the Sandon Point site is in one of the following zones if the land is shown on the Land Zoning Map as being within that zone—(a) Zone R2 Low Density Residential,(b) Zone R3 Medium Density Residential,(c) Zone E2 Environmental Conservation.
8 Objectives of land use zones to be taken into account
The consent authority must have regard to the objectives for development in a zone when determining a development application in respect of land within the zone.
9 Zone R2 Low Density Residential
(1) The objectives of Zone R2 Low Density Residential are as follows—(a) to provide for the housing needs of the community within a low density residential environment,(b) to enable other land uses that provide facilities or services to meet the day to day needs of residents,(c) to minimise the impact of non-residential development on residential development (such as impacts relating to operating hours, noise, loss of privacy and vehicular and pedestrian traffic),(d) to ensure that development does not destroy, damage or otherwise adversely affect the ability to protect, manage and restore waterways and riparian corridors.(2) Development for any of the following purposes is permitted without development consent on land within Zone R2 Low Density Residential—environmental protection works; home occupations; roads.(3) Development for any of the following purposes is permitted only with development consent on land within Zone R2 Low Density Residential—bed and breakfast accommodation; boarding houses; car parks; centre-based child care facilities; community facilities; dual occupancies; dwelling houses; educational establishments; environmental facilities; exhibition homes; exhibition villages; filming; group homes; health consulting rooms; home-based child care; home businesses; home industries; hospitals; hostels; information and education facilities; multi dwelling housing; neighbourhood shops; places of public worship; recreation areas; recreation facilities (indoor); recreation facilities (outdoor); secondary dwellings; semi-detached dwellings; shop top housing; signage; veterinary hospitals.(4) Except as otherwise provided by this Part, development is prohibited on land within Zone R2 Low Density Residential unless it is permitted by subclause (2) or (3).
10 Zone R3 Medium Density Residential
(1) The objectives of Zone R3 Medium Density Residential are as follows—(a) to provide for the housing needs of the community within a medium density residential environment,(b) to provide a variety of housing types within a medium density residential environment,(c) to enable other land uses that provide facilities or services to meet the day to day needs of residents,(d) to minimise the impact of non-residential development on residential development (such as impacts relating to operating hours, noise, loss of privacy and vehicular and pedestrian traffic),(e) to ensure that development does not destroy, damage or otherwise adversely affect the ability to protect, manage and restore waterways and riparian corridors.(2) Development for any of the following purposes is permitted without development consent on land within Zone R3 Medium Density Residential—environmental protection works; home occupations; roads.(3) Development for any of the following purposes is permitted only with development consent on land within Zone R3 Medium Density Residential—attached dwellings; backpackers’ accommodation; bed and breakfast accommodation; boarding houses; car parks; centre-based child care facilities; community facilities; dual occupancies; dwelling houses; educational establishments; environmental facilities; exhibition homes; exhibition villages; filming; group homes; health consulting rooms; home-based child care; home businesses; hospitals; hostels; information and education facilities; multi dwelling housing; neighbourhood shops; places of public worship; recreation areas; recreation facilities (indoor); recreation facilities (outdoor); residential flat buildings; secondary dwellings; semi-detached dwellings; serviced apartments; shop top housing; signage; veterinary hospitals.(4) Except as otherwise provided by this Part, development is prohibited on land within Zone R3 Medium Density Residential unless it is permitted by subclause (2) or (3).
11 Zone E2 Environmental Conservation
(1) The objectives of Zone E2 Environmental Conservation are as follows—(a) to protect, manage and restore areas of high ecological, scientific, cultural or aesthetic values,(b) to prevent development that could destroy, damage or otherwise have an adverse effect on those values,(c) to provide for the conservation and rehabilitation of native vegetation on highly environmentally significant land,(d) to prevent the clearing of native vegetation.(2) Development for any of the following purposes is permitted without development consent on land within Zone E2 Environmental Conservation—environmental protection works.(3) Development for any of the following purposes is permitted only with development consent on land within Zone E2 Environmental Conservation—environmental facilities; filming; recreation areas; roads.(4) Except as otherwise provided by this Part, development for any of the following purposes is prohibited on land within Zone E2 Environmental Conservation—business premises; hotel or motel accommodation; industries; multi dwelling housing; recreation facilities (major); residential flat buildings; retail premises; service stations; warehouse or distribution centres; any other development not specified in subclause (2) or (3).
12 Prohibited development
Development, other than development that is permitted with or without development consent on land within a zone, is prohibited on land within that zone.
13 Subdivision—consent requirements
(1) A subdivision of land within the Sandon Point site may be carried out only with development consent.Note—State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies certain subdivision development as exempt development.(2) (Repealed)
14 Height and floor space ratio restrictions
(1) The height of a building on any land within the Sandon Point site is not to exceed the maximum height shown for the land on the Height of Buildings Map.(2) The maximum floor space ratio of a building on any land within the Sandon Point site is not to exceed the floor space ratio shown for the land on the Floor Space Ratio Map.(3) This clause does not apply to development if the Minister, in an approval for a concept plan for the development (whether given before or after the commencement of this clause), provides for the construction of a building that exceeds the height or floor space ratio restrictions, or both, set out in subclauses (1) and (2).
15 Development in proximity to a rail corridor
(1) This clause applies to land within the Sandon Point site that—(a) comprises, or is within 60 metres of, an operating railway line or land reserved for the construction of a railway line, and(b) is or is likely to be adversely affected by rail noise or vibration.(2) Development must not be undertaken on land to which this clause applies unless the development incorporates all practical mitigation measures for rail noise or vibration recommended by Rail Corporation New South Wales for development of that kind.
16 Controls relating to miscellaneous uses
(1) Bed and breakfast accommodation Development for the purposes of bed and breakfast accommodation on land within the Sandon Point site must not involve the provision of more than 3 bedrooms for accommodation for guests.(2) Home businesses Development for the purposes of a home business on land within the Sandon Point site must not involve the use of more than 30 square metres of floor area for the carrying on of the business.(3) Home industries Development for the purposes of a home industry on land within the Sandon Point site must not involve the use of more than 50 square metres of floor area for the carrying on of the light industry.(4) Neighbourhood shops Development for the purposes of a neighbourhood shop on land within the Sandon Point site must not have a retail floor area that exceeds 100 square metres.(5) Secondary dwellings Development for the purposes of a secondary dwelling on land within the Sandon Point site must not have a total floor area for the dwelling (excluding any area used for parking) that exceeds whichever of the following is the greater—(a) 60 square metres,(b) 40% of the total floor area of both the self-contained dwelling and the principal dwelling.
17 Exceptions to development standards—transitional Part 3A projects
(1) A development standard imposed by this or any other environmental planning instrument on development that is part of a transitional Part 3A project, and is on land within the Sandon Point site, does not apply to that development if the Secretary is satisfied, and issues a certificate to the effect, that—(a) compliance with the development standard is unreasonable or unnecessary in the circumstances of the case, and(b) there are sufficient environmental planning grounds to justify exempting the development from that development standard.(2) In deciding whether to issue a certificate, the 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 Secretary.
18 Exceptions to development standards—other development
(1) This clause applies to development on land within the Sandon Point site, other than development that is part of a transitional Part 3A project.(2) The objectives of this clause are—(a) to provide an appropriate degree of flexibility in applying certain development standards to particular development, and(b) to achieve better outcomes for and from development by allowing flexibility in particular circumstances.(3) 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.(4) 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.(5) 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 (4), 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 Secretary has been obtained.(6) In deciding whether to grant concurrence, the 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 Secretary before granting concurrence.(7) Development consent must not be granted under this clause for a subdivision of land in Zone E2 Environmental Conservation if—(a) the subdivision will result in 2 or more lots of less than the minimum area specified for such lots by a development standard, or(b) the subdivision will result in at least one lot that is less than 90% of the minimum area specified for such a lot by a development standard.(8) 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 (4).(9) 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.
19 Development within the coastal zone
(1) The objectives of this clause are as follows—(a) to provide for the protection of the coastal environment of the State for the benefit of both present and future generations through promoting the principles of ecologically sustainable development,(b) to implement the principles in the NSW Coastal Policy, and in particular to—(i) protect, enhance, maintain and restore the coastal environment, its associated ecosystems, ecological processes and biological diversity and its water quality, and(ii) protect and preserve the natural, cultural, recreational and economic attributes of the NSW coast, and(iii) provide opportunities for pedestrian public access to and along the coastal foreshore, and(iv) recognise and accommodate coastal processes and climate change, and(v) protect amenity and scenic quality, and(vi) protect and preserve rock platforms, beach environments and beach amenity, and(vii) protect and preserve native coastal vegetation, and(viii) protect and preserve the marine environment, and(ix) ensure that the type, bulk, scale and size of development is appropriate for the location and protects and improves the natural scenic quality of the surrounding area, and(x) ensure that decisions in relation to new development consider the broader and cumulative impacts on the catchment, and(xi) protect Aboriginal cultural places, values and customs, and(xii) protect and preserve items of heritage, archaeological or historical significance.(2) Development consent must not be granted to development on land within the Sandon Point site that is wholly or partly within the coastal zone unless the consent authority has considered—(a) existing public access to and along the coastal foreshore for pedestrians (including persons with a disability) with a view to—(i) maintaining existing public access and, where possible, improving that access, and(ii) identifying opportunities for new public access, and(b) the suitability of the proposed development, its relationship with the surrounding area and its impact on the natural scenic quality, taking into account—(i) the type of the proposed development and any associated land uses or activities (including compatibility of any land-based and water-based coastal activities), and(ii) the location, and(iii) the bulk, scale, size and overall built form design of any building or work involved, and(c) the impact of the proposed development on the amenity of the coastal foreshore including—(i) any significant overshadowing of the coastal foreshore, and(ii) any loss of views from a public place to the coastal foreshore, and(d) how the visual amenity and scenic qualities of the coast, including coastal headlands, can be protected, and(e) how biodiversity and ecosystems, including—(i) native coastal vegetation and existing wildlife corridors, and(ii) rock platforms, and(iii) water quality of coastal water bodies, andcan be conserved, and(iv) native fauna and native flora, and their habitats,(f) the effect of coastal processes and coastal hazards and potential impacts, including sea level rise—(i) on the proposed development, and(ii) arising from the proposed development, and(g) the cumulative impacts of the proposed development and other development on the coastal catchment.(3) Development consent must not be granted to development on land within the Sandon Point site that is wholly or partly within the coastal zone unless the consent authority is satisfied that—(a) the proposed development will not impede or diminish, where practicable, the physical, land-based right of access of the public to or along the coastal foreshore, and(b) if effluent from the development is disposed of by a non-reticulated system, it will not have a negative effect on the water quality of the sea, or any beach, estuary, coastal lake, coastal creek or other similar body of water, or a rock platform, and(c) the proposed development will not discharge untreated stormwater into the sea, or any beach, estuary, coastal lake, coastal creek or other similar body of water, or a rock platform.
20 Architectural roof features
(1) Development that includes an architectural roof feature that exceeds, or causes a building to exceed, the height limits set by clause 14 may be carried out, but only with consent.(2) 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.
21 Preservation of trees or vegetation
(1) The objective of this clause is to preserve the amenity of the area through the preservation of trees and other vegetation.(2) This clause applies to species or kinds of trees or other vegetation that are prescribed for the purposes of this clause by a development control plan made by the council.Note—A development control plan may prescribe the trees or other vegetation to which this clause 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 council.(4) The refusal by the council to grant a permit to a person who has duly applied for the grant of the permit is taken for the purposes of the Act to be a refusal by the council to grant consent for the carrying out of the activity for which a permit was sought.(5) This clause does not apply to a tree or other vegetation that the council is satisfied is dying or dead and is not required as the habitat of native fauna.(6) This clause does not apply to a tree or other vegetation that the council is satisfied is a risk to human life or property.(7) A permit under this clause cannot allow any ringbarking, cutting down, topping, lopping, removal, injuring or destruction of a tree or other vegetation that is or forms part of a heritage item.Note—As a consequence of this subclause, the activities concerned will require development consent. The heritage provisions of clause 22 will be applicable to any such consent.(8) This clause 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.
22 Heritage conservation
(1) Development consent is required for any of the following—(a) demolishing or moving a heritage item,(b) altering a heritage item including (in the case of a building) making changes to the detail, fabric, finish or appearance of its exterior,(c) altering a heritage item that is a building by making structural changes to its interior,(d) 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,(e) erecting a building on land on which a heritage item is located,(f) subdividing land on which a heritage item is located.(2) However, consent under this clause 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 or archaeological site, and(ii) would not adversely affect the significance of the heritage item, 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 a place of Aboriginal heritage significance, or(c) the development is limited to the removal of a tree or other vegetation that the council is satisfied is a risk to human life or property, or(d) the development is exempt development.
23 Public utility infrastructure
(1) Development consent must not be granted for development on land within the Sandon Point site unless the consent authority is satisfied that any public utility infrastructure that is essential for the proposed development is available or that adequate arrangements have been made to make that infrastructure available when required.(2) This clause does not apply to development for the purpose of providing, extending, augmenting, maintaining or repairing any public utility infrastructure.(3) In this clause, public utility infrastructure, in relation to an urban release area, includes infrastructure for any of the following—(a) the supply of water,(b) the supply of electricity,(c) the disposal and management of sewage.
24 Infrastructure development and use of existing buildings of the Crown
(1) This Part does not restrict or prohibit, or enable the restriction or prohibition of, the carrying out of any development that is permitted to be carried out with or without consent or that is exempt development under the State Environmental Planning Policy (Infrastructure) 2007.(2) This Part does not restrict or prohibit, or enable the restriction or prohibition of, the use of existing buildings of the Crown by the Crown.
25 Relevant acquisition authority
(1) The objective of this clause 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).
26 Suspension of covenants, agreements and instruments
(1) For the purpose of enabling development on land within the Sandon Point site to be carried out in accordance with this Part or with a development consent granted under the Act, any agreement, covenant or other similar instrument that restricts the carrying out of that development does not apply to the extent necessary to serve that purpose.(2) This clause does not apply—(a) to a covenant imposed by the council or that the council requires to be imposed, or(b) to any prescribed instrument within the meaning of section 183A of the Crown Lands Act 1989, or(c) to any conservation agreement within the meaning of the National Parks and Wildlife Act 1974, or(d) to any Trust agreement within the meaning of the Nature Conservation Trust Act 2001, or(e) to any property vegetation plan within the meaning of the Native Vegetation Act 2003, or(f) to any biobanking agreement within the meaning of Part 7A of the Threatened Species Conservation Act 1995, or(g) to any planning agreement within the meaning of Division 7.1 of the Act.(3) This clause does not affect the rights or interests of any public authority under any registered instrument.(4) Pursuant to section 28 of the Act, the Governor, before the making of this clause, approved of subclauses (1)–(3).
Part 25 Wahroonga Estate site
Division 1 Preliminary
1 Land to which Part applies
This Part applies to the land identified on the Land Application Map, referred to in this Part as the Wahroonga Estate site.
2 Interpretation
(1) In this Part—Height of Buildings Map means the State Environmental Planning Policy (Major Development) 2005 Wahroonga Estate Height of Buildings Map.Land Application Map means the State Environmental Planning Policy (Major Development) 2005 Wahroonga Estate Land Application Map.Land Zoning Map means the State Environmental Planning Policy (Major Development) 2005 Wahroonga Estate Land Zoning Map.(2) A word or expression used in this Part has the same meaning as it has in the standard instrument prescribed by the Standard Instrument (Local Environmental Plans) Order 2006 (as in force immediately before the commencement of the Standard Instrument (Local Environmental Plans) Amendment Order 2011) unless it is otherwise defined in this Part.
3 Consent authority
The consent authority for development on land within the Wahroonga Estate site is Hornsby Council.
4 (Repealed)
5 Relationship with other environmental planning instruments
The only environmental planning instruments that apply, according to their terms, to land within the Wahroonga Estate site are—(a) this Policy, and(b) all other State environmental planning policies, other than State Environmental Planning Policy No 1—Development Standards.
Division 2 Provisions relating to development in Wahroonga Estate site
6 Application of Division
This Division applies to development on land within the Wahroonga Estate site.
7 Land use zones
For the purposes of this Part, land within the Wahroonga Estate site is in one of the following zones if the land is shown on the Land Zoning Map as being within that zone—(a) Zone R1 General Residential,(b) Zone R2 Low Density Residential,(c) Zone R3 Medium Density Residential,(d) Zone R4 High Density Residential,(e) Zone B1 Neighbourhood Centre,(f) Zone SP1 Special Activities,(g) Zone E2 Environmental Conservation.
8 Objectives of land use zones to be taken into account
The consent authority must have regard to the objectives for development in a zone when determining a development application in respect of land within the zone.
9 Zone R1 General Residential
(1) The objectives of Zone R1 General Residential are as follows—(a) to provide for the housing needs of the community,(b) to provide for a variety of housing types and densities,(c) to enable other land uses that provide facilities or services to meet the day to day needs of residents.(2) Development for any of the following purposes is permitted without development consent on land within Zone R1 General Residential—home occupations.(3) Development for any of the following purposes is permitted only with development consent on land within Zone R1 General Residential—attached dwellings; boarding houses; centre-based child care facilities; community facilities; dwelling houses; group homes; hostels; multi dwelling housing; neighbourhood shops; places of public worship; residential flat buildings; roads; semi-detached dwellings; seniors housing; shop top housing.(4) Except as otherwise provided by this Part, development is prohibited on land within Zone R1 General Residential unless it is permitted by subclause (2) or (3).
10 Zone R2 Low Density Residential
(1) The objectives of Zone R2 Low Density Residential are as follows—(a) to provide for the housing needs of the community within a low density residential environment,(b) to enable other land uses that provide facilities or services to meet the day to day needs of residents,(c) to ensure that housing is compatible with the existing environmental character of the area.(2) Development for any of the following purposes is permitted without development consent on land within Zone R2 Low Density Residential—home-based child care; home occupations.(3) Development for any of the following purposes is permitted only with development consent on land within Zone R2 Low Density Residential—bed and breakfast accommodation; boarding houses; centre-based child care facilities; community facilities; drainage; dual occupancies; dwelling houses; earthworks; educational establishments; environmental protection works; health consulting rooms; home businesses; home industries; neighbourhood shops; places of public worship; recreation areas; roads; secondary dwellings; seniors housing; signage.(4) Except as otherwise provided by this Part, development is prohibited on land within Zone R2 Low Density Residential unless it is permitted by subclause (2) or (3).
11 Zone R3 Medium Density Residential
(1) The objectives of Zone R3 Medium Density Residential are as follows—(a) to provide for the housing needs of the community within a medium density residential environment,(b) to provide a variety of housing types within a medium density residential environment,(c) to enable other land uses that provide facilities or services to meet the day to day needs of residents.(2) Development for any of the following purposes is permitted without development consent on land within Zone R3 Medium Density Residential—home-based child care; home occupations.(3) Development for any of the following purposes is permitted only with development consent on land within Zone R3 Medium Density Residential—attached dwellings; bed and breakfast accommodation; boarding houses; centre-based child care facilities; community facilities; drainage; dual occupancies; dwelling houses; earthworks; educational establishments; environmental protection works; group homes; home businesses; home industries; hostels; multi dwelling housing; neighbourhood shops; places of public worship; recreation areas; roads; secondary dwellings; semi-detached dwellings; seniors housing.(4) Except as otherwise provided by this Part, development is prohibited on land within Zone R3 Medium Density Residential unless it is permitted by subclause (2) or (3).
12 Zone R4 High Density Residential
(1) The objectives of Zone R4 High Density Residential are as follows—(a) to provide for the housing needs of the community within a high density residential environment,(b) to provide a variety of housing types within a high density residential environment,(c) to enable other land uses that provide facilities or services to meet the day to day needs of residents.(2) Development for any of the following purposes is permitted without development consent on land within Zone R4 High Density Residential—home occupations.(3) Development for any of the following purposes is permitted only with development consent on land within Zone R4 High Density Residential—bed and breakfast accommodation; boarding houses; centre-based child care facilities; community facilities; drainage; dwelling houses; earthworks; educational establishments; environmental protection works; group homes; health consulting rooms; home businesses; home industries; hostels; medical centres; multi dwelling housing; neighbourhood shops; places of public worship; recreation areas; residential flat buildings; roads; seniors housing; serviced apartments; shop top housing.(4) Except as otherwise provided by this Part, development is prohibited on land within Zone R4 High Density Residential unless it is permitted by subclause (2) or (3).
13 Zone B1 Neighbourhood Centre
(1) The objective of Zone B1 Neighbourhood Centre is to provide a range of small-scale retail, business and community uses that serve the needs of people who live or work in the surrounding neighbourhood.(2) Development for any of the following purposes is permitted without development consent on land within Zone B1 Neighbourhood Centre—home occupations.(3) Development for any of the following purposes is permitted only with development consent on land within Zone B1 Neighbourhood Centre—business premises; car parks; centre-based child care facilities; community facilities; drainage; earthworks; environmental protection works; food and drink premises (other than pubs); office premises; places of public worship; public administration buildings; roads; shop top housing; shops; signage; veterinary hospitals.(4) Except as otherwise provided by this Part, development is prohibited on land within Zone B1 Neighbourhood Centre unless it is permitted by subclause (2) or (3).
14 Zone SP1 Special Activities
(1) The objectives of Zone SP1 Special Activities are as follows—(a) to provide for special land uses that are not provided for in other zones,(b) to provide for sites with special natural characteristics that are not provided for in other zones,(c) to facilitate development that is in keeping with the special characteristics of the site or its existing or intended special use, and that minimises any adverse impacts on surrounding land.(2) Development for any of the following purposes is permitted without development consent on land within Zone SP1 Special Activities—nil.(3) Development for any of the following purposes is permitted only with development consent on land within Zone SP1 Special Activities—earthworks; roads; the purpose shown on the Land Zoning Map, including any development that is ordinarily incidental or ancillary to development for that purpose.(4) Except as otherwise provided by this Part, development is prohibited on land within Zone SP1 Special Activities unless it is permitted by subclause (2) or (3).
15 Zone E2 Environmental Conservation
(1) The objectives of Zone E2 Environmental Conservation are as follows—(a) to protect, manage and restore areas of high ecological, scientific, cultural or aesthetic values,(b) to prevent development that could destroy, damage or otherwise have an adverse effect on those values.(2) Development for any of the following purposes is permitted without development consent on land within Zone E2 Environmental Conservation—environmental protection works.(3) Development for any of the following purposes is permitted only with development consent on land within Zone E2 Environmental Conservation—drainage; earthworks; environmental facilities.(4) Except as otherwise provided by this Part, development is prohibited on land within Zone E2 Environmental Conservation unless it is permitted by subclause (2) or (3).
16 (Repealed)
17 Subdivision—consent requirements
(1) Land within the Wahroonga Estate site may be subdivided, but only with development consent.Note—State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies certain subdivision development as exempt development.(2) (Repealed)
18 Height restrictions
The height of a building on any land within the Wahroonga Estate site is not to exceed the maximum height shown for the land on the Height of Buildings Map.
19 Maximum number of dwellings
A person must not erect a dwelling on land within the Wahroonga Estate site if, as a result, the number of dwellings within that site would exceed 500.
20 (Repealed)
21 Exceptions to development standards
(1) (Repealed)(2) The objectives of this clause are—(a) to provide an appropriate degree of flexibility in applying certain development standards to particular development, and(b) to achieve better outcomes for and from development by allowing flexibility in particular circumstances.(3) 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.(4) 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.(5) 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 (4), 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 Secretary has been obtained.(6) In deciding whether to grant concurrence, the 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 Secretary before granting concurrence.(7) Development consent must not be granted under this clause for a subdivision of land in Zone SP1 Special Activities or Zone E2 Environmental Conservation.(8) 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 (4).(9) 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.
22 Bush fire hazard reduction
Bush fire hazard reduction work authorised by the Rural Fires Act 1997 may be carried out on any land without consent.Note—The Rural Fires Act 1997 also makes provision relating to the carrying out of development on bush fire prone land.
23 Preservation of trees or vegetation
(1) The objective of this clause is to preserve the amenity of the Wahroonga Estate site through the preservation of trees.(2) This clause applies to a tree that meets the criteria set out under the heading “What is a tree under this Order?” in the tree preservation order made under clause 42 of the Ku-ring-gai Planning Scheme Ordinance and adopted by the Ku-ring-gai Council on 12 December 2006, but does not apply to a tree of a species described as an exempt tree species in that order.(3) A person must not ringbark, cut down, top, lop, remove, injure or wilfully destroy any tree to which this clause applies on the Wahroonga Estate site without the authority conferred by—(a) development consent, or(b) a permit granted by Hornsby Council.(4) The refusal by Hornsby Council to grant a permit to a person who has duly applied for the grant of the permit is taken for the purposes of the Act to be a refusal by Hornsby Council to grant consent for the carrying out of the activity for which a permit was sought.(5) This clause does not apply to a tree that Hornsby Council is satisfied is dying or dead and is not required as the habitat of native fauna.(6) This clause does not apply to a tree that Hornsby Council is satisfied is a risk to human life or property.(7) (Repealed)(8) This clause 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) 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(c) plants declared to be noxious weeds under the Noxious Weeds Act 1993.
24 (Repealed)
25 Public utility infrastructure
(1) Development consent must not be granted for development on land within the Wahroonga Estate site unless the consent authority is satisfied that any public utility infrastructure that is essential for the proposed development is available or that adequate arrangements have been made to make that infrastructure available when required.(2) This clause does not apply to development for the purpose of providing, extending, augmenting, maintaining or repairing any public utility infrastructure.(3) In this clause, public utility infrastructure includes infrastructure for any of the following—(a) the supply of water,(b) the supply of electricity or gas,(c) the disposal and management of sewage.
26 Infrastructure development and use of existing buildings of the Crown
(1) This Part does not restrict or prohibit, or enable the restriction or prohibition of, the carrying out of any development that is permitted to be carried out with or without consent or that is exempt development under the State Environmental Planning Policy (Infrastructure) 2007.(2) This Part does not restrict or prohibit, or enable the restriction or prohibition of, the use of existing buildings of the Crown by the Crown.
27 Temporary 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 Part, development consent may be granted for development on land within the Wahroonga Estate site in any zone for a temporary purpose 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 Part 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 site 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 housing estate may exceed 52 days (whether or not consecutive days) in any period of 12 months.(5) Subclause (3)(d) does not apply to the temporary use of a dwelling as a sales office mentioned in subclause (4).
Part 26 Rise Bilambil Heights site
Division 1 Preliminary
1 Land to which Part applies
This Part applies to the land identified on the Land Application Map, referred to in this Part as the Rise Bilambil Heights site.
2 Interpretation
(1) In this Part—council means the Tweed Shire Council.Height of Buildings Map means the State Environmental Planning Policy (Major Development) 2005 Rise Bilambil Heights Height of Buildings Map.Land Application Map means the State Environmental Planning Policy (Major Development) 2005 Rise Bilambil Heights Land Application Map.Land Zoning Map means the State Environmental Planning Policy (Major Development) 2005 Rise Bilambil Heights Land Zoning Map.(2) A word or expression used in this Part has the same meaning as it has in the standard instrument prescribed by the Standard Instrument (Local Environmental Plans) Order 2006 (as in force immediately before the commencement of the Standard Instrument (Local Environmental Plans) Amendment Order 2011) unless it is otherwise defined in this Part.
3 Consent authority
The consent authority for development on land within the Rise Bilambil Heights site is the council.
4 (Repealed)
5 Relationship with other environmental planning instruments
The only environmental planning instruments that apply, according to their terms, to land within the Rise Bilambil Heights site are this Policy and all other State environmental planning policies, other than State Environmental Planning Policy No 1—Development Standards.
Division 2 Provisions relating to development in Rise Bilambil Heights site
6 Land use zones
For the purposes of this Part, land within the Rise Bilambil Heights site is in one of the following zones if the land is shown on the Land Zoning Map as being within that zone—(a) Zone R1 General Residential,(b) Zone B4 Mixed Use,(c) Zone E2 Environmental Conservation.
7 Objectives of land use zones to be taken into account
The consent authority must have regard to the objectives for development in a zone when determining a development application in respect of land within the zone.
8 Zone R1 General Residential
(1) The objectives of Zone R1 General Residential are as follows—(a) to provide for the housing needs of the community,(b) to provide for a variety of housing types and densities,(c) to enable other land uses that provide facilities or services to meet the day to day needs of residents.(2) Development for any of the following purposes is permitted without development consent on land within Zone R1 General Residential—environmental protection works; home occupations.(3) Development for any of the following purposes is permitted only with development consent on land within Zone R1 General Residential—attached dwellings; centre-based child care facilities; community facilities; dwelling houses; educational establishments; environmental facilities; food and drink premises; group homes; health consulting rooms; home businesses; home industries; hostels; kiosks; markets; multi dwelling housing; neighbourhood shops; places of public worship; public administration buildings; recreation areas; recreation facilities (indoor); recreation facilities (outdoor); residential flat buildings; roads; semi-detached dwellings; seniors housing; shop top housing; shops; tourist and visitor accommodation; water supply systems.(4) Except as otherwise provided by this Part, development is prohibited on land within Zone R1 General Residential unless it is permitted by subclause (2) or (3).
9 Zone B4 Mixed Use
(1) The objectives of Zone B4 Mixed Use are as follows—(a) to provide a mixture of compatible land uses,(b) to integrate suitable business, office, residential, retail and other development in accessible locations so as to maximise public transport patronage and encourage walking and cycling.(2) Development for any of the following purposes is permitted without development consent on land within Zone B4 Mixed Use—environmental protection works; home occupations.(3) Development for any of the following purposes is permitted only with development consent on land within Zone B4 Mixed Use—business premises; centre-based child care facilities; community facilities; educational establishments; entertainment facilities; food and drink premises; function centres; home businesses; home industries; hostels; hotel or motel accommodation; information and education facilities; office premises; passenger transport facilities; recreation areas; recreation facilities (indoor); registered clubs; residential flat buildings; retail premises; roads; seniors housing; shop top housing; water supply systems.(4) Except as otherwise provided by this Part, development is prohibited on land within Zone B4 Mixed Use unless it is permitted by subclause (2) or (3).
10 Zone E2 Environmental Conservation
(1) The objectives of Zone E2 Environmental Conservation are as follows—(a) to protect, manage and restore areas of high ecological, scientific, cultural or aesthetic values,(b) to prevent development that could destroy, damage or otherwise have an adverse effect on those values.(2) Development for any of the following purposes is permitted without development consent on land within Zone E2 Environmental Conservation—environmental protection works.(3) Development for any of the following purposes is permitted only with development consent on land within Zone E2 Environmental Conservation—environmental facilities; roads.(4) Except as otherwise provided by this Part, development for any of the following purposes is prohibited on land within Zone E2 Environmental Conservation—business premises; hotel or motel accommodation; industries; multi dwelling housing; recreation facilities (major); residential flat buildings; retail premises; seniors housing; service stations; warehouse or distribution centres; any other development not specified in subclause (2) or (3).
11 Subdivision—consent requirements
(1) Land within the Rise Bilambil Heights site may be subdivided, but only with development consent.Note—State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies certain subdivision development as exempt development.(2) (Repealed)
12 Height of buildings
(1) The objectives of this clause are as follows—(a) to establish the maximum height for which a building can be designed,(b) to ensure that building height relates to the land’s capacity to provide and maintain an appropriate urban character and level of amenity,(c) to ensure that taller development is located in more structured urbanised areas that are serviced by urban support facilities,(d) to encourage greater population density in less car-dependent urban areas,(e) to enable a transition in building heights between urban areas comprised of different characteristics,(f) to limit the impact of the height of a building on the existing natural and built environment,(g) to prevent gross overshadowing impacts on the natural and built environment.(2) The height of a building on any land within the Rise Bilambil Heights site is not to exceed the maximum height shown for the land on the Height of Buildings Map.(3) This clause applies only in relation to development where the Minister has not, in an approval for a concept plan for the development (whether given before or after the commencement of this clause) provided for the construction of a building that exceeds the height of building set out in subclause (2).
13 Exceptions to development standards
(1) This clause applies to development on land within the Rise Bilambil Heights site.(2) The objectives of this clause are—(a) to provide an appropriate degree of flexibility in applying certain development standards to particular development, and(b) to achieve better outcomes for and from development by allowing flexibility in particular circumstances.(3) 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.(4) 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.(5) 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 (4), 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 Secretary has been obtained.(6) In deciding whether to grant concurrence, the 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 Secretary before granting concurrence.(7) Development consent must not be granted under this clause for a subdivision of land in Zone E2 if—(a) the subdivision will result in 2 or more lots of less than the minimum area specified for such lots by a development standard, or(b) the subdivision will result in at least one lot that is less than 90% of the minimum area specified for such a lot by a development standard.(8) 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 (4).(9) 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.
14 Controls relating to miscellaneous uses
(1) Bed and breakfast accommodation Development for the purposes of bed and breakfast accommodation on land within the Rise Bilambil Heights site must not involve the provision of more than 6 bedrooms for accommodation for guests.(2) Farm stay accommodation Development for the purposes of farm stay accommodation on land within the Rise Bilambil Heights site must not involve the provision of more than 12 bedrooms for accommodation for guests.(3) Home businesses Development for the purposes of a home business on land within the Rise Bilambil Heights site must not involve the use of more than 40 square metres of floor area for the carrying on of the home business.(4) Home industries Development for the purposes of a home industry on land within the Rise Bilambil Heights site must not involve the use of more than 60 square metres of floor area for the carrying on of the home industry.(5) Kiosks Development for the purposes of a kiosk on land within the Rise Bilambil Heights site must not have a gross floor area that exceeds 15 square metres.(6) Neighbourhood shops Development for the purposes of a neighbourhood shop on land within the Rise Bilambil Heights site must not have a retail floor area that exceeds 300 square metres.(7) Roadside stalls Development for the purposes of a roadside stall on land within the Rise Bilambil Heights site must not have a gross floor area that exceeds 30 square metres.
15 Arrangements for designated State public infrastructure
(1) This clause applies to land in Zones R1 General Residential and B4 Mixed Use within the Rise Bilambil Heights site, 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 objective of this clause is to require satisfactory arrangements to be made for the provision of designated State public infrastructure before the subdivision of land to which this clause applies to satisfy needs that arise from development on the land, but only if the land is developed intensively for urban purposes.(3) Land to which this clause applies must not be subdivided if the subdivision would create a lot smaller than the minimum lot size permitted on the land immediately before the commencement of this Part, unless the Secretary has certified in writing that satisfactory arrangements have been made to contribute to the provision of designated State public infrastructure in relation to that lot.(4) Subclause (3) does not apply in relation to—(a) any lot identified in the certificate as a residue lot, or(b) any lot created by a previous subdivision of land in accordance with this clause, or(c) any lot that is proposed to be reserved or dedicated for public open space, public roads, public utility undertakings, educational facilities, or any other public purpose, or(d) a subdivision for the purpose only of rectifying an encroachment on any existing lot.(5) In this clause, designated State public infrastructure means public facilities or services that are provided or financed by the State (or if provided or financed by the private sector, to the extent of any financial or in-kind contribution by the State) of the following kinds—(a) State and regional roads,(b) bus interchanges and bus lanes,(c) land required for regional open space,(d) land required for social infrastructure and facilities (such as land for schools, hospitals, emergency services and justice purposes).
16 Public utility infrastructure
(1) Development consent must not be granted for development on land within the Rise Bilambil Heights site unless the consent authority is satisfied that any public utility infrastructure that is essential for the proposed development is available or that adequate arrangements have been made to make that infrastructure available when required.(2) This clause does not apply to development for the purpose of providing, extending, augmenting, maintaining or repairing any public utility infrastructure.(3) In this clause, public utility infrastructure includes infrastructure for any of the following—(a) the supply of water,(b) the supply of electricity or gas,(c) the disposal and management of sewage.
17 Infrastructure development and use of existing buildings of the Crown
(1) This Part does not restrict or prohibit, or enable the restriction or prohibition of, the carrying out of any development that is permitted to be carried out with or without consent or that is exempt development under the State Environmental Planning Policy (Infrastructure) 2007.(2) This Part does not restrict or prohibit, or enable the restriction or prohibition of, the use of existing buildings of the Crown by the Crown.
18 Relevant acquisition authority
(1) The objective of this clause 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).
19 Suspension of covenants, agreements and instruments
(1) For the purpose of enabling development on land within the Rise Bilambil Heights site to be carried out in accordance with this Part or with a development consent granted under the Act, any agreement, covenant or other similar instrument that restricts the carrying out of that development does not apply to the extent necessary to serve that purpose.(2) This clause does not apply—(a) to a covenant imposed by the council or that the council requires to be imposed, or(b) to any prescribed instrument within the meaning of section 183A of the Crown Lands Act 1989, or(c) to any conservation agreement within the meaning of the National Parks and Wildlife Act 1974, or(d) to any Trust agreement within the meaning of the Nature Conservation Trust Act 2001, or(e) to any property vegetation plan within the meaning of the Native Vegetation Act 2003, or(f) to any biobanking agreement within the meaning of Part 7A of the Threatened Species Conservation Act 1995, or(g) to any planning agreement within the meaning of Division 7.1 of the Act.(3) This clause does not affect the rights or interests of any public authority under any registered instrument.(4) Under section 28 of the Act, the Governor, before the making of this clause, approved of subclauses (1)–(3).
Part 27
(Repealed)
Part 28 Calderwood site
Division 1 Preliminary
1 Land to which Part applies
This Part applies to the land identified in the Land Application Map, referred to in this Part as the Calderwood site.
2 Interpretation
(1) In this Part—eco-tourism facility means a building or place used for tourist and visitor accommodation, function centres or environmental facilities, that is located in a natural environment and is primarily used for activities involving education about, or the interpretation, cultural understanding or appreciation of, the natural environment.ground level (finished) means, for any point on a site, the ground surface after completion of any earthworks (excluding an excavation for a basement, footing or the like) for which development consent or an approval under Part 3A of the Act has been granted.Height of Buildings Map means the State Environmental Planning Policy (Major Development) 2005 Calderwood Height of Buildings Map.heritage item means a building, work, relic, tree or place—(a) shown as a heritage item on the Heritage Map, and(b) the location and nature of which is described in the Table to clause 27(8).Heritage Map means the State Environmental Planning Policy (Major Development) 2005 Calderwood Heritage Map.Land Application Map means the State Environmental Planning Policy (Major Development) 2005 Calderwood Land Application Map.Land Zoning Map means the State Environmental Planning Policy (Major Development) 2005 Calderwood Land Zoning Map.Lot Size Map means the State Environmental Planning Policy (Major Development) 2005 Calderwood Lot Size Map.manufactured home means a self-contained dwelling that—(a) includes at least 1 kitchen, bathroom, bedroom and living area and that also includes toilet and laundry facilities, and(b) comprises 1 or more major sections that are each constructed, and assembled, away from the manufactured home estate and transported to the estate for installation on the estate, andand includes any associated structures that form part of the dwelling.(c) is not capable of being registered under the Road Transport (Vehicle Registration) Act 1997,manufactured home estate means land on which manufactured homes are, or are to be, erected.place of Aboriginal heritage significance means an area of land shown on the Heritage Map that is—(a) the site of one or more Aboriginal objects or a place that has the physical remains of pre-European occupation by, or is of contemporary significance to, the Aboriginal people. It can (but need not) include items and remnants of the occupation of the land by Aboriginal people, such as burial places, engraving sites, rock art, midden deposits, scarred and sacred trees and sharpening grooves, or(b) a natural Aboriginal sacred site or other sacred feature. It includes natural features such as creeks or mountains of long-standing cultural significance, as well as initiation, ceremonial or story places or areas of more contemporary cultural significance.relevant council, in relation to land, means the council of the local government area in which the land is situated.Note—The land concerned is partly in the local government area of Shellharbour and partly in the local government area of Wollongong.stormwater management system means—(a) works for the collection, detention, distribution or discharge of stormwater (such as channels, aqueducts, pipes, drainage works, embankments, detention basins and pumping stations), and(b) stormwater quality control devices (such as waste entrapment facilities, artificial wetlands, sediment ponds and riparian management), and(c) stormwater reuse schemes.waterway or foreshore management activities means—(a) riparian corridor and bank management, including erosion control, bank stabilisation, resnagging, weed management, revegetation and the creation of foreshore access ways, or(b) instream management or dredging to rehabilitate aquatic habitat or to maintain or restore environmental flows or tidal flows for ecological purposes, or(c) coastal management and beach nourishment, including erosion control, dune or foreshore stabilisation works, headland management, weed management, revegetation activities and foreshore access ways.(2) A word or expression used in this Part has the same meaning as it has in the standard instrument prescribed by the Standard Instrument (Local Environmental Plans) Order 2006 (as in force immediately before the commencement of the Standard Instrument (Local Environmental Plans) Amendment Order 2011) unless it is otherwise defined in this Part.
3 Consent authority
The consent authority for development on land within the Calderwood site, other than development to which Part 3A of the Act applies, is the relevant council.
4 (Repealed)
5 Relationship with other environmental planning instruments
The only environmental planning instruments that apply, according to their terms, to land within the Calderwood site are—(a) this Policy, and(b) all other State Environmental Planning Policies, other than State Environmental Planning Policy No 1—Development Standards.
Division 2 Provisions relating to development in Calderwood site
6 Application of Division
(1) This Division applies to development on land within the Calderwood site, except as provided by subclause (2).(2) Clauses 8–15, 17–21 and 23–33 do not apply to development to the extent that it is a transitional Part 3A project.
7 Land use zones
For the purposes of this Part, land within the Calderwood site is in one of the follow zones if the land is shown on the Land Zoning Map as being within that zone—(a) Zone RU2 Rural Landscape,(b) Zone R1 General Residential,(c) Zone R5 Large Lot Residential(d) Zone B4 Mixed Use,(e) Zone RE1 Public Recreation,(f) Zone E2 Environmental Conservation,(g) Zone E3 Environmental Management.
8 Objectives of land use zones to be taken into account
The consent authority must have regard to the objectives for development in a zone when determining a development application in respect of land within the zone.
9 Zone RU2 Rural Landscape
(1) The objectives of Zone RU2 Rural Landscape are as follows—(a) to encourage sustainable primary industry production by maintaining and enhancing the natural resource base,(b) to maintain the rural landscape character of the land,(c) to provide for a range of compatible uses, including extensive agriculture,(d) to retain, manage or restore native vegetation.(2) Development for any of the following purposes is permitted without development consent on land within Zone RU2 Rural Landscape—extensive agriculture; home occupations; roadside stalls.(3) Development for any of the following purposes is permitted only with development consent on land within Zone RU2 Rural Landscape—agriculture (other than extensive agriculture); bed and breakfast accommodation; centre-based child care facilities; community facilities; dwelling houses; environmental facilities; environmental protection works; farm buildings; farm stay accommodation; forestry; home-based child care; home businesses; home industries; recreation areas; recreation facilities (outdoor); roads; secondary dwellings; signage; veterinary hospitals.(4) Development for any of the following purposes is prohibited on land within Zone RU2 Rural Landscape—any development not specified in subclause (2) or (3).
10 Zone R1 General Residential
(1) The objectives of Zone R1 General Residential are as follows—(a) to provide for the housing needs of the community,(b) to provide for a variety of housing types and densities,(c) to enable other land uses that provide facilities or services to meet the day to day needs of residents.(2) Development for any of the following purposes is permitted without development consent on land within Zone R1 General Residential—home occupations.(3) Development for any of the following purposes is permitted only with development consent on land within Zone R1 General Residential—attached dwellings; boarding houses; centre-based child care facilities; community facilities; dwelling houses; group homes; hostels; multi dwelling housing; neighbourhood shops; places of public worship; residential flat buildings; roads; semi-detached dwellings; shop top housing; any other development not specified in subclause (2) or (4).(4) Development for any of the following purposes is prohibited on land within Zone R1 General Residential—agriculture; air transport facilities; amusement centres; biosolid waste applications; boat repair facilities; boat sheds; bulky goods premises; business premises; caravan parks; charter and tourism boating facilities; correctional centres; crematoria; depots; eco-tourism facilities; entertainment facilities; extractive industries; farm buildings; farm stay accommodation; forestry; freight transport facilities; function centres; highway service centres; home occupations (sex services); industrial retail outlets; industries; marinas; office premises; passenger transport facilities; port facilities; public administration buildings; recreation facilities (major); registered clubs; research stations; restricted premises; restriction facilities; retail premises; rural industries; rural supplies; rural workers’ dwellings; service stations; sex services premises; storage premises; timber and building supplies; transport depots; truck depots; vehicle body repair workshops; vehicle repair stations; vehicle sales or hire premises; waste or resource management facilities; water recreation structures; wholesale supplies.
11 Zone R5 Large Lot Residential
(1) The objectives of Zone R5 Large Lot Residential are as follows—(a) to provide residential housing in a rural setting while preserving, and minimising impacts on, environmentally sensitive locations and scenic quality,(b) to ensure that large residential allotments do not hinder the proper and orderly development of urban areas in the future,(c) to ensure that development in the area does not unreasonably increase the demand for public services or public facilities,(d) to minimise conflict between land uses within the zone and land uses within adjoining zones.(2) Development for any of the following purposes is permitted without development consent on land within Zone R5 Large Lot Residential—home occupations.(3) Development for any of the following purposes is permitted only with development consent on land within Zone R5 Large Lot Residential—animal boarding or training establishments; bed and breakfast accommodation; business identification signs; centre-based child care facilities; community facilities; dwelling houses; environmental protection works; exhibition homes; farm buildings; home-based child care; home businesses; home industries; recreation areas; roads; roadside stalls; secondary dwellings.(4) Development for any of the following purposes is prohibited on land within Zone R5 Large Lot Residential—any development not specified in subclause (2) or (3).
12 Zone B4 Mixed Use
(1) The objectives of Zone B4 Mixed Use are as follows—(a) to provide a mixture of compatible uses,(b) to integrate suitable business, office, residential, retail and other development in accessible locations so as to maximise public transport patronage and encourage walking and cycling.(2) Development for any of the following purposes is permitted without development consent on land within Zone B4 Mixed Use—home occupations.(3) Development for any of the following purposes is permitted only with development consent on land within Zone B4 Mixed Use—boarding houses; business premises; centre-based child care facilities; community facilities; educational establishments; entertainment facilities; function centres; hotel or motel accommodation; information and education facilities; office premises; passenger transport facilities; recreation facilities (indoor); registered clubs; retail premises; roads; shop top housing; any other development not specified in subclause (2) or (4).(4) Development for any of the following purposes is prohibited on land within Zone B4 Mixed Use—agriculture; air transport facilities; biosolid waste applications; boat repair facilities; boat sheds; caravan parks; charter and tourism boating facilities; correctional centres; crematoria; depots; extractive industries; farm buildings; farm stay accommodation; forestry; freight transport facilities; hazardous storage establishments; hazardous industries; heavy industries; home occupations (sex services); liquid fuel depots; offensive storage establishments; restricted premises; restriction facilities; rural industries; sex services premises; transport depots; truck depots; water recreation structures.
13 Zone RE1 Public Recreation
(1) The objectives of Zone RE1 Public Recreation are as follows—(a) to enable land to be used for public open space or recreational purposes,(b) to provide a range of recreational settings, activities and compatible land uses,(c) to protect and enhance the natural environment for recreational purposes.(2) Development for any of the following purposes is permitted without development consent on land within Zone RE1 Public Recreation—nil.(3) Development for any of the following purposes is permitted only with development consent on land within Zone RE1 Public Recreation—building identification signs; business identification signs; centre-based child care facilities; community facilities; drainage; environmental facilities; environmental protection works; flood mitigation works; information and education facilities; kiosks; markets; recreation areas; recreation facilities (indoor); recreation facilities (outdoor); roads; sewerage reticulation facilities; stormwater management systems; water reticulation systems; waterbodies; waterway or foreshore management activities.(4) Development for any of the following purposes is prohibited on land within Zone RE1 Public Recreation—any development not specified in subclause (2) or (3).
14 Zone E2 Environmental Conservation
(1) The objectives of Zone E2 Environmental Conservation are as follows—(a) to protect, manage and restore areas of high ecological, scientific, cultural or aesthetic values,(b) to prevent development that could destroy, damage or otherwise have an adverse effect on those values.(2) Development for any of the following purposes is permitted without development consent on land within Zone E2 Environmental Conservation—nil.(3) Development for any of the following purposes is permitted only with development consent on land within Zone E2 Environmental Conservation—drainage; environmental protection works; environmental facilities; flood mitigation works; information and education facilities; kiosks; recreation areas; roads; sewerage systems; stormwater management systems; water reticulation systems; water supply systems; waterbodies; waterway or foreshore management activities.(4) Development for any of the following purposes is prohibited on land within Zone E2 Environmental Conservation—business premises; hotel or motel accommodation; industries; multi dwelling housing; recreation facilities (major); residential flat buildings; retail premises; service stations; warehouse or distribution centres; any development not specified in subclause (2) or (3).
15 Zone E3 Environmental Management
(1) The objectives of Zone E3 Environmental Management are as follows—(a) to protect, manage and restore areas of special ecological, scientific, cultural or aesthetic values,(b) to provide for a limited range of development that does not have an adverse effect on those values.(2) Development for any of the following purposes is permitted without development consent on land within Zone E3 Environmental Management—home occupations.(3) Development for any of the following purposes is permitted only with development consent on land within Zone E3 Environmental Management—bed and breakfast accommodation; building identification signs; business identification signs; community facilities; drainage; dwelling houses; eco-tourism facilities; environmental facilities; environmental protection works; flood mitigation works; home-based child care; home businesses; home industries; information and education facilities; kiosks; recreation areas; roads; sewerage systems; stormwater management systems; water reticulation systems; waterbodies; waterway or foreshore management activities.(4) Development for any of the following purposes is prohibited on land within Zone E3 Environmental Management—industries; multi dwelling housing; residential flat buildings; retail premises; service stations; warehouse or distribution centres; any development not specified in subclause (2) or (3).
16 Prohibited development
Development on land within the Calderwood site that is part of a transitional Part 3A project is prohibited if it would be prohibited were it development to which Part 4 of the Act applies.
17 Subdivision—consent requirements
(1) Land within the Calderwood site may be subdivided, but only with development consent.Note—State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies certain subdivision development as exempt development.(2) (Repealed)
18 Minimum subdivision lot size
(1) The objectives of this clause are as follows—(a) to create lots that are compatible with the desired future character of the locality and to minimise likely adverse impacts on the amenity of adjoining developments,(b) to ensure that lot sizes are able to accommodate development that is suitable for its purpose and consistent with relevant development controls,(c) to ensure that lot sizes have a practical and efficient layout for the intended use,(d) to ensure that lot sizes allow buildings to be sited to protect natural or cultural features and retain special features such as trees and views.(2) This clause applies to a subdivision of any land in the Calderwood site that requires development consent and that is carried out after the commencement of this Part.(3) The size of any lot resulting from a subdivision of land to which this clause applies is not to be less than the minimum lot size shown on the Lot Size Map in relation to that land.(4) Despite any other provision of this Part, development consent must not be granted for the subdivision of any land in the Calderwood site if the subdivision would create a lot smaller than the minimum lot size permitted for the land immediately before the commencement of this clause.(5) This clause does not apply in relation to the subdivision of individual lots in a strata plan or community title scheme.
19 Subdivision certificates
A subdivision certificate may be issued by an accredited certifier for a subdivision of land within the Calderwood site in accordance with section 6.5(3)(a) of the Act.
20 Height restrictions
The height of a building on any land within the Calderwood site is not to exceed the maximum height shown for the land on the Height of Buildings Map, measured from ground level (finished).
21 Kiosks
Despite any other provision of this Part, if development consent may be granted to development for the purposes of a kiosk, consent must only be granted if the floor area of the kiosk does not exceed 10m2.
22 Exceptions to development standards—transitional Part 3A projects
(1) A development standard imposed by this or any other environmental planning instrument on development that is part of a transitional Part 3A project, and is on land within the Calderwood site, does not apply to that development if the Secretary is satisfied, and issues a certificate to the effect, that—(a) compliance with the development standard is unreasonable or unnecessary in the circumstances of the case, and(b) there are sufficient environmental planning grounds to justify exempting the development from that development standard.(2) In deciding whether to issue a certificate, the Secretary must consider—(a) whether the 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 Secretary.
23 Exceptions to development standards—other development
(1) This clause applies to development on land within the Calderwood site, other than development that is part of a transitional Part 3A project.(2) The objectives of this clause are—(a) to provide an appropriate degree of flexibility in applying certain development standards to particular development, and(b) to achieve better outcomes for and from development by allowing flexibility on particular circumstances.(3) 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.(4) 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.(5) 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 (4), 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 Secretary has been obtained.(6) In deciding whether to grant concurrence, the 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 Secretary before granting concurrence.(7) Development consent must not be granted under this clause for a subdivision of land in Zone E2 Environmental Conservation.(8) 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 (4).(9) 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.
24 Conversion of fire alarms
(1) This clause applies to a fire alarm system that can be monitored by New South Wales Fire Brigades or by a private service provider.(2) The following development may be carried out, but only with consent—(a) converting a fire alarm system from connection with the alarm monitoring system of New South Wales Fire Brigades 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), (4) (Repealed)(5) In this clause—private service provider means a person or body that has entered into an agreement that is in force with New South Wales Fire Brigades to monitor fire alarm systems.
25 Bush fire hazard reduction
Bush fire hazard reduction work authorised by the Rural Fires Act 1997 may be carried out on any land without consent.Note—The Rural Fires Act 1997 also makes provision relating to the carrying out of development on bush fire prone land.
26 Flood planning
(1) The objectives of this clause are as follows—(a) to minimise the flood risk to life and property associated with the use of land,(b) to allow development on land that is compatible with the land’s flood hazard, taking into account projected changes as a result of climate change,(c) to avoid significant adverse impacts on flood behaviour and the environment.(2) This clause applies to land at or below the flood planning level.(3) Development consent must not be granted to development on land to which this clause applies unless the consent authority is satisfied that the development—(a) is compatible with the flood hazard of the land, and(b) will not significantly adversely affect flood behaviour resulting in detrimental increases in the potential flood affectation of other development or properties, and(c) incorporates appropriate measures to manage risk to life from flood, and(d) will not significantly adversely affect the environment or cause avoidable erosion, siltation, destruction or riparian vegetation or a reduction in the stability of river banks or watercourses, and(e) is not likely to result in unsustainable social and economic costs to the community as a consequence of flooding.(4) A word or expression used in this clause has the same meaning as it has in the NSW Government’s Floodplain Development Manual published in 2005, unless it is otherwise defined in this clause.(5) In this clause—flood planning level means the level of a 1:100 ARI (average recurrent interval) flood event plus 0.5m freeboard.
27 Heritage conservation
(1) Objectives The objectives of this clause are—(a) to conserve the environmental heritage of the Calderwood site, and(b) to conserve the heritage significance of heritage items and heritage conservation areas including associated fabric, settings and views, and(c) to conserve places of Aboriginal heritage significance.(2) Requirement for consent Development consent is required for any of the following—(a) demolishing or moving a heritage item,(b) altering a heritage item, including (in the case of a building) making changes to the detail, fabric, finish or appearance of its exterior,(c) altering a heritage item that is a building by making structural changes to its interior,(d) disturbing or excavating a place of Aboriginal heritage significance,(e) erecting a building on land on which a heritage item is located,(f) subdividing land on which a heritage item is located.(3) When consent not required However, consent under this clause 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 or archaeological site, and(ii) would not adversely affect the significance of the heritage item or archaeological site, or(b) 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(c) the development is exempt development.(4) Effect on heritage significance The consent authority must, before granting consent under this clause, consider the effect of the proposed development on the heritage significance of the heritage item concerned.(5) Heritage impact assessment The consent authority may, before granting consent to any development on land—(a) on which a heritage item is situated, orrequire a heritage impact statement 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 concerned.(b) within the vicinity of land on which a heritage item is situated,(6) Places of Aboriginal heritage significance The consent authority must, before granting consent under this clause to the carrying out of development in a place of Aboriginal heritage significance—(a) consider the effect of the proposed development on the heritage significance of the place and any Aboriginal object known or reasonably likely to be located at the place, and(b) notify the local Aboriginal communities (in such way as it thinks appropriate) about the application and take into consideration any response received within 28 days after the notice is sent.(7) 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, even though development for that purpose would otherwise not be allowed by this Part, if the consent authority is satisfied that—(a) the conservation of the heritage item is facilitated by the granting of consent, and(b) the proposed development is in accordance with a heritage conservation management plan 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 conservation management plan is carried out, and(d) the proposed development would not adversely affect the heritage significance of the heritage item, including its setting, and(e) the proposed development would not have any significant adverse effect on the amenity of the surrounding area.(8) For the purposes of paragraph (b) of the definition of heritage item in clause 2(1), the location and nature of a heritage item is specified in the following Table—Table—heritage items
28 Public utility infrastructure
(1) Development consent must not be granted for development on land within the Calderwood site unless the consent authority is satisfied that any public utility infrastructure that is essential for the proposed development is available or that adequate arrangements have been made to make that infrastructure available when required.(2) This clause does not apply to development for the purpose of providing, extending, augmenting, maintaining or repairing any public utility infrastructure.(3) In this clause, public utility infrastructure includes infrastructure for any of the following—(a) the supply of water,(b) the supply of electricity or gas,(c) the disposal and management of sewage.
29 Development near zone boundaries
(1) The objective of this clause 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 clause applies to so much of any land that is within the relevant distance of a boundary between any 2 zones. The relevant distance is 50m.(3) This clause does not apply to—(a) land in Zone RE1 Public Recreation, Zone E2 Environmental Conservation or Zone E3 Environmental Management, or(b) land proposed to be developed for the purpose of sex services or restricted premises.(4) Despite the provisions of this Plan relating to the purposes for which development may be carried out, consent may be granted to development of land to which this clause 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.
30 Arrangements for designated State public infrastructure
(1) This clause applies to all land at the Calderwood site, 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 objective of this clause is to require satisfactory arrangements to be made for the provision of designated State public infrastructure before the subdivision of land to which this clause applies to satisfy needs that arise from development on the land, but only if the land is developed intensively for urban purposes.(3) Land to which this clause applies must not be subdivided if the subdivision would create a lot smaller than the minimum lot size permitted on the land immediately before the commencement of this Part, unless the Secretary has certified in writing that satisfactory arrangements have been made to contribute to the provision of designated State public infrastructure in relation to that lot.(4) Subclause (2) does not apply in relation to—(a) any lot identified in the certificate as a residue lot, or(b) any lot created by a previous subdivision of land in accordance with this clause, or(c) any lot that is proposed to be reserved or dedicated for public open space, public roads, public utility undertakings, educational facilities, or any other public purpose, or(d) a subdivision for the purpose only of rectifying an encroachment on and existing lot.(5) In this clause, designated State public infrastructure means public facilities or services that are provided or financed by the State (or if provided or financed by the private sector, to the extent of an financial or in-kind contribution by the State) of the following kinds—(a) State and regional roads,(b) land required for social infrastructure and facilities (such as land for schools, hospitals, emergency services and justice purposes).
31 Infrastructure development and use of existing buildings of the Crown
(1) This Part does not restrict or prohibit, or enable the restriction or prohibition of, the carrying out of any development that is permitted to be carried out with or without consent or that is exempt development under the State Environmental Planning Policy (Infrastructure) 2007.(2) This Part does not restrict or prohibit, or enable the restriction or prohibition of, the use of existing buildings of the Crown by the Crown.
32 Temporary 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 Part, development consent may be granted for development on land within the Calderwood site in any zone for a temporary purpose 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 Part 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 site 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 housing estate may exceed 52 days (whether or not consecutive days) in any period of 12 months.(5) Subclause (3)(d) does not apply to the temporary use of a dwelling as a sales office mentioned in subclause (4).
33 Interim land use
(1) Despite any other provision of this Part, development consent may be granted for development on land to which this Part applies for the following purposes—(a) animal boarding or training establishments,(b) extensive agriculture,(c) cellar door premises,(d) farm buildings,(e) farm forestry,(f) farm stay accommodation,for a maximum period of 10 years.(g) rural worker’s dwellings,(2) Development consent must not be granted unless the consent authority is satisfied that—(a) the use will not prejudice the subsequent carrying out of development on the land in accordance with this Part or any other applicable environmental planning instrument, and(b) the use will not adversely impact on any adjoining land or the amenity of the neighbourhood, and(c) the use and location of an structures will not adversely impact on environmental attributes or features of the land, or increase the risk of natural hazards that may affect the land.
Parts 29, 30
(Repealed)
Part 31 Edmondson Park South site
Division 1 Preliminary
1 Land to which Part applies
This Part applies to the land identified on the Land Application Map, referred to in this Part as the Edmondson Park South site.
2 Interpretation
(1) In this Part—Flood Planning Map means the State Environmental Planning Policy (Major Development) 2005 Edmondson Park South Flood Planning Map.Floor Space Ratio Map means the State Environmental Planning Policy (Major Development) 2005 Edmondson Park South Floor Space Ratio Map.Height of Buildings Map means the State Environmental Planning Policy (Major Development) 2005 Edmondson Park South Height of Buildings Map.heritage conservation area means an area of land shown on the Heritage Map as a heritage conservation area or as a place of Aboriginal heritage significance.heritage item means a building, work, archaeological site, tree, place or Aboriginal object—(a) shown on the Heritage Map as a heritage item, or(b) described in the Table to clause 33.Heritage Map means the State Environmental Planning Policy (Major Development) 2005 Edmondson Park South Heritage Map.Land Application Map means the State Environmental Planning Policy (Major Development) 2005 Edmondson Park South Land Application Map.Land Reservation Acquisition Map means the State Environmental Planning Policy (Major Development) 2005 Edmondson Park South Land Reservation Acquisition Map.Land Zoning Map means the State Environmental Planning Policy (Major Development) 2005 Edmondson Park South Land Zoning Map.Lot Size Map means the State Environmental Planning Policy (Major Development) 2005 Edmondson Park South Lot Size Map.Native Vegetation Protection Map means the State Environmental Planning Policy (Major Development) 2005 Edmondson Park South Native Vegetation Protection Map.relevant council, in relation to land, means the council of the local government area in which the land is situated.(2) A word or expression used in this Part has the same meaning as it has in the standard instrument prescribed by the Standard Instrument (Local Environmental Plans) Order 2006 unless it is otherwise defined in this Part.
3 Consent authority
The consent authority for development on land within the Edmondson Park South site, other than development that is a transitional Part 3A project, is the relevant council.
4 (Repealed)
5 Relationship with other environmental planning instruments
(1) The only environmental planning instruments that apply, according to their terms, to land within the Edmondson Park South site are—(a) this Policy, and(b) all other State environmental planning policies, other than State Environmental Planning Policy No 1—Development Standards.(2) In the event of any inconsistency between this Part and State Environmental Planning Policy (Sydney Region Growth Centres) 2006, this Part prevails to the extent of the inconsistency.
Division 2 Provisions relating to development in Edmondson Park South site
6 Application of Division
(1) This Division applies to development on land within the Edmondson Park South site, except as provided by subclause (2).(2) Clauses 8–14, 16, 21–24, 26, 28, 31–34 and 36 do not apply to development to the extent that it is a transitional Part 3A project.
7 Land use zones
For the purposes of this Policy, land within the Edmondson Park South site is in one of the following zones if the land is shown on the Land Zoning Map as being within that zone—(a) Zone R1 General Residential,(b) Zone B4 Mixed Use,(c) Zone SP2 Infrastructure,(d) Zone RE1 Public Recreation,(e) Zone E1 National Parks and Nature Reserves,(f) Zone E4 Environmental Living.
8 Objectives of land use zones to be taken into account
The consent authority must have regard to the objectives for development in a zone when determining a development application in respect of land within the zone.
9 Zone R1 General Residential
(1) The objectives of Zone R1 General Residential are as follows—(a) to provide for the housing needs of the community,(b) to provide for a variety of housing types and densities,(c) to enable other land uses that provide facilities or services to meet the day to day needs of residents.(2) Development for any of the following purposes is permitted without development consent on land within Zone R1 General Residential—environmental protection works; home occupations.(3) Development for any of the following purposes is permitted only with development consent on land within Zone R1 General Residential—attached dwellings; boarding houses; centre-based child care facilities; community facilities; dwelling houses; earthworks; food and drink premises; group homes; hostels; kiosks; markets; multi dwelling housing; neighbourhood shops; places of public worship; residential flat buildings; roads; semi-detached dwellings; shop top housing; signage; any other development not specified in subclause (2) or (4)(4) Except as otherwise provided by this Part, development for any of the following purposes is prohibited on land within Zone R1 General Residential—agriculture; air transport facilities; amusement centres; backpackers’ accommodation; boat repair facilities; boat sheds; caravan parks; charter and tourism boat facilities; commercial premises; correctional centres; crematoria; depots; entertainment facilities; extractive industries; farm stay accommodation; forestry; freight transport facilities; function centres; highway service centres; home occupations (sex services); hotel or motel accommodation; industrial retail outlets; industries; marinas; passenger transport facilities; port facilities; public administration buildings; recreation facilities (major); registered clubs; research stations; restricted premises; restriction facilities; rural industries; service stations; sex service premises; specialised retail premises; storage premises; transport depots; truck depots; vehicle body repair workshops; vehicle repair stations; warehouse or distribution centres; waste or resource management facilities; wholesale supplies.
10 Zone B4 Mixed Use
(1) The objectives of Zone B4 Mixed Use are as follows—(a) to provide a mixture of compatible land uses,(b) to integrate suitable business, office, residential, retail and other development in accessible locations so as to maximise public transport patronage and encourage walking and cycling.(2) Development for any of the following purposes is permitted without development consent on land within Zone B4 Mixed Use—environmental protection works.(3) Development for any of the following purposes is permitted only with development consent on land within Zone B4 Mixed Use—boarding houses; business premises; centre-based child care facilities; community facilities; earthworks; educational establishments; entertainment facilities; function centres; hotel or motel accommodation; information and education facilities; office premises; passenger transport facilities; recreation facilities (indoor); registered clubs; retail premises; roads; seniors housing; shop top housing; any other development not specified in subclause (2) or (4).(4) Except as otherwise provided by this Part, development for any of the following purposes is prohibited on land within Zone B4 Mixed Use—agriculture; air transport facilities; caravan parks; cemeteries; correctional centres; crematoria; depots; dual occupancies; dwelling houses; extractive industries; forestry; freight transport facilities; home occupations (sex services); industrial retail outlets; industries; landscaping material supplies; restricted premises; restriction facilities; rural industries; rural workers’ dwellings; sex service premises; storage premises; timber yards; transport depots; truck depots; vehicle body repair shops; waste or resource management facilities.
11 Zone SP2 Infrastructure
(1) The objectives of Zone SP2 Infrastructure are as follows—(a) to provide for infrastructure and related uses,(b) to prevent development that is not compatible with or that may detract from the provision of infrastructure,(c) to reserve land for the provision of infrastructure.(2) Development for any of the following purposes is permitted without development consent on land within Zone SP2 Infrastructure—nil.(3) Development for any of the following purposes is permitted only with development consent on land within Zone SP2 Infrastructure—earthworks; the purpose shown on the Land Zoning Map, including any development that is ordinarily incidental or ancillary to development for that purpose; roads.(4) Except as otherwise provided by this Part, development is prohibited on land within Zone SP2 Infrastructure unless it is permitted by subclause (2) or (3).
12 Zone RE1 Public Recreation
(1) The objectives of Zone RE1 Public Recreation are as follows—(a) to enable land to be used for public open space or recreational purposes,(b) to provide a range of recreational settings and activities and compatible land uses,(c) to protect and enhance the natural environment for recreational purposes,(d) to provide a sufficient and equitable distribution of public open space to meet the needs of residents.(2) Development for any of the following purposes is permitted without development consent on land within Zone RE1 Public Recreation—environmental protection works.(3) Development for any of the following purposes is permitted only with development consent on land within Zone RE1 Public Recreation—building identification signs; business identification signs; centre-based child care facilities; community facilities; earthworks; flood mitigation works; information and education facilities; kiosks; markets; recreation areas; recreation facilities (indoor); recreation facilities (outdoor); restaurants; roads.(4) Except as otherwise provided by this Part, development is prohibited on land within Zone RE1 Public Recreation unless it is permitted by subclause (2) or (3).
13 Zone E1 National Parks and Nature Reserves
(1) The objectives of Zone E1 National Parks and Nature Reserves are as follows—(a) to enable the management and appropriate use of land that is reserved under the National Parks and Wildlife Act 1974 or that is acquired under Part 11 of that Act,(b) to enable uses authorised under the National Parks and Wildlife Act 1974,(c) to identify land that is to be reserved under the National Parks and Wildlife Act 1974 and to protect the environmental significance of that land.(2) Development for any of the following purposes is permitted without development consent on land within Zone E1 National Parks and Nature Reserves—uses authorised under the National Parks and Wildlife Act 1974.(3) Development for any of the following purposes is permitted only with development consent on land within Zone E1 National Parks and Nature Reserves—nil.(4) Except as otherwise provided by this Part, development is prohibited on land within Zone E1 National Parks and Nature Reserves unless it is permitted by subclause (2) or (3).
14 Zone E4 Environmental Living
(1) The objectives of Zone E4 Environmental Living are as follows—(a) to provide for low-impact residential development in areas with special ecological, scientific, cultural or aesthetic values,(b) to ensure that residential development does not have an adverse effect on those values.(2) Development for any of the following purposes is permitted without development consent on land within Zone E4 Environmental Living—home occupations.(3) Development for any of the following purposes is permitted only with development consent on land within Zone E4 Environmental Living—bed and breakfast accommodation; dual occupancies; dwelling houses; earthworks; environmental facilities; environmental protection works; flood mitigation works; group homes; health consulting rooms; home-based child care; horticulture; recreation areas; recreation facilities (outdoor); roads; secondary dwellings; signage; swimming pools; water recreation structures; water recycling facilities; waterbodies (artificial).(4) Except as otherwise provided by this Part, development for any of the following purposes is prohibited on land within Zone E4 Environmental Living—industries; service stations; warehouse or distribution centres; any other development not specified in subclause (2) or (3).
15 Prohibited development
Development on land within the Edmondson Park South site that is part of a transitional Part 3A project is prohibited if it would be prohibited were it development to which Part 4 of the Act applies.
16 Subdivision—consent requirements
(1) Land within the Edmondson Park South site may be subdivided, but only with development consent.Note—State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies certain subdivision development as exempt development.(2) (Repealed)
17 Minimum subdivision lot size
(1) The objectives of this clause are as follows—(a) to establish minimum lot sizes for residential development,(b) to ensure that residential development has adequate usable areas for buildings and open space,(c) to facilitate and encourage the provision of a range of dwelling types.(2) This clause applies to a subdivision of any land shown on the Lot Size Map that requires development consent and that is carried out after the commencement of this Part.(3) The size of any lot resulting from a subdivision of land to which this clause applies must not be less than the minimum size shown on the Lot Size Map in relation to that land.(4) Despite subclause (3) and the Lot Size Map—(a) the size of any lot resulting from a subdivision of land for dwelling houses must not be less than 200m2, and(b) the size of any lot resulting from a subdivision of land for semi-detached dwellings must not be less than 200m2, and(c) the size of any lot resulting from a subdivision of land for dual occupancies must not be less than 500m2, and(d) the size of any lot resulting from a subdivision of land for secondary dwellings must not be less than 250m2, and(e) the size of any lot resulting from a subdivision of land for attached dwellings must not be less than 125m2, and(f) the size of any lot resulting from a subdivision of land for multi dwelling housing must not be less than 1,500m2, and(g) the size of any lot resulting from a subdivision of land for residential flat dwellings must not be less than 1,500m2.(5) This clause does not apply in relation to the subdivision of individual lots in a strata plan or community title scheme.
18 Height of buildings
The height of a building on any land within the Edmondson Park South site is not to exceed the maximum height shown for the land on the Height of Buildings Map.
19 Floor space ratio
(1) The objectives of this clause are as follows—(a) to establish standards for the maximum development density and intensity of land use,(b) to control building density and bulk in relation to site area,(c) to minimise adverse environmental effects on the use or enjoyment of adjoining properties and the public domain.(2) The maximum floor space ratio of a building on any land within the Edmondson Park South site is not to exceed the floor space ratio shown for the land on the Floor Space Ratio Map.
20 Calculation of floor space ratio and site area
(1) Objectives The objectives of this clause are as follows—(a) to define floor space ratio,(b) to set out rules for the calculation of the site area of development for the purpose of applying permitted floor space ratios, including rules to—(i) prevent the inclusion in the site area of an area that has no significant development being carried out on it, and(ii) prevent the inclusion in the site area of an area that has already been included as part of a site area to maximise floor space area in another building, and(iii) require community land and public places to be dealt with separately.(2) Definition of “floor space ratio” The floor space ratio of buildings on a site is the ratio of the gross floor area of all buildings within the site to the site area.(3) Site area In determining the site area of proposed development for the purpose of applying a floor space ratio, the site area is taken to be—(a) if the proposed development is to be carried out on only one lot, the area of that lot, or(b) if the proposed development is to be carried out on 2 or more lots, the area of any lot on which the development is proposed to be carried out that has at least one common boundary with another lot on which the development is being carried out.In addition, subclauses (4)–(7) apply to the calculation of site area for the purposes of applying a floor space ratio to proposed development.(4) Exclusions from site area The following land must be excluded from the site area—(a) land on which the proposed development is prohibited, whether under this Plan or any other law,(b) community land or a public place (except as provided by subclause (7)).(5) Strata subdivisions The area of a lot that is wholly or partly on top of another or others in a strata subdivision is to be included in the calculation of the site area only to the extent that it does not overlap with another lot already included in the site area calculation.(6) Only significant development to be included The site area for proposed development must not include a lot additional to a lot or lots on which the development is being carried out unless the proposed development includes significant development on that additional lot.(7) Certain public land to be separately considered For the purpose of applying a floor space ratio to any proposed development on, above or below community land or a public place, the site area must only include an area that is on, above or below that community land or public place, and is occupied or physically affected by the proposed development, and may not include any other area on which the proposed development is to be carried out.(8) Existing buildings The gross floor area of any existing or proposed buildings within the vertical projection (above or below ground) of the boundaries of a site is to be included in the calculation of the total floor space for the purposes of applying a floor space ratio, whether or not the proposed development relates to all of the buildings.(9) Covenants to prevent “double dipping” When consent is granted to development on a site comprised of 2 or more lots, a condition of the consent may require a covenant to be registered that prevents the creation of floor area on a lot (the restricted lot) if the consent authority is satisfied that an equivalent quantity of floor area will be created on another lot only because the site included the restricted lot.(10) Covenants affect consolidated sites If—(a) a covenant of the kind referred to in subclause (9) applies to any land (affected land), andthe maximum amount of floor area allowed on the other land by the floor space ratio fixed for the site by this Part is reduced by the quantity of floor space area the covenant prevents being created on the affected land.(b) proposed development relates to the affected land and other land that together comprise the site of the proposed development,(11) Definition In this clause, public place has the same meaning as it has in the Local Government Act 1993.
21 Temporary 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 Part, 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 Part 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).
22 Interim land use for exhibition and sales office
(1) Despite any other provision of this Part, development consent may be granted for development on land in Zone R1 General Residential for an exhibition and sales office for a maximum period of 6 years from the date of consent.(2) Development consent must not be granted unless the consent authority is satisfied that—(a) the use will not prejudice the subsequent carrying out of development on the land in accordance with this Part and any other applicable environmental planning instrument, and(b) the use will not adversely impact on any adjoining land or the amenity of the neighbourhood, and(c) the use and location of any structures related to the use will not adversely impact on environmental attributes, heritage significance, or features of the land, or increase the risk of natural hazards that may affect the land.(3) In this clause—exhibition and sales office means a building or place, used for house and land sales, site offices, advisory services, car parking and other associated purposes.
23 Demolition requires consent
The demolition of a building or work may be carried out only with consent.Note—If the demolition of a building or work is identified in an applicable environmental planning instrument, such as this Part or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, as exempt development, the Act enables it to be carried out without consent.
24 Development near zone boundaries
(1) The objective of this clause 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 clause applies to so much of any land that is within the relevant distance of a boundary between any 2 zones. The relevant distance is 25 metres from any zone boundary.(3) This clause does not apply to—(a) land in Zone RE1 Public Recreation or Zone E1 National Parks and Nature Reserves, or(b) land proposed to be developed for the purpose of sex services or restricted premises.(4) Despite the provisions of this Part relating to the purposes for which development may be carried out, consent may be granted to development of land to which this clause 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) This clause does not prescribe a development standard that may be varied under this Part.
25 Bush fire hazard reduction
Bush fire hazard reduction work authorised by the Rural Fires Act 1997 may be carried out on any land without consent.Note—The Rural Fires Act 1997 also makes provision relating to the carrying out of development on bush fire prone land.
26 Flood planning
(1) The objectives of this clause are as follows—(a) to minimise the flood risk to life and property associated with the use of land,(b) to allow development on land that is compatible with the land’s flood hazard, taking into account projected changes as a result of climate change,(c) to avoid significant adverse impacts on flood behaviour and the environment.(2) This clause applies to—(a) land that is shown as “Flood planning area” on the Flood Planning Map, and(b) other land at or below the flood planning level.(3) Development consent must not be granted to development on land to which this clause applies unless the consent authority is satisfied that the development—(a) is compatible with the flood hazard of the land, and(b) is not likely to significantly adversely affect flood behaviour resulting in detrimental increases in the potential flood affectation of other development or properties, and(c) incorporates appropriate measures to manage risk to life from flood, and(d) is not likely to significantly adversely affect the environment or cause avoidable erosion, siltation, destruction of riparian vegetation or a reduction in the stability of river banks or watercourses, and(e) is not likely to result in unsustainable social and economic costs to the community as a consequence of flooding.(4) A word or expression used in this clause has the same meaning as it has in the NSW Government’s Floodplain Development Manual published in 2005, unless it is otherwise defined in this clause.(5) In this clause—flood planning level means the level of a 1:00 ARI (average recurrent interval) flood event plus 0.5 metre freeboard.
27 Exceptions to development standards—transitional Part 3A projects
(1) A development standard imposed by this or any other environmental planning instrument on development that is part of a transitional Part 3A project, and is on land within the Edmondson Park South site, does not apply to that development if the Secretary is satisfied, and issues a certificate to the effect, that—(a) compliance with the development standard is unreasonable or unnecessary in the circumstances of the case, and(b) there are sufficient environmental planning grounds to justify exempting the development from that development standard.(2) In deciding whether to issue a certificate, the 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 Secretary.
28 Exceptions to development standards—other development
(1) This clause applies to development on land within the Edmondson Park South site, other than development that is part of a transitional Part 3A project.(2) The objectives of this clause are—(a) to provide an appropriate degree of flexibility in applying certain development standards to particular development, and(b) to achieve better outcomes for and from development by allowing flexibility in particular circumstances.(3) 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.(4) 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.(5) 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 (4), 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 Secretary has been obtained.(6) In deciding whether to grant concurrence, the 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 Secretary before granting concurrence.(7) Development consent must not be granted under this clause for a subdivision of land in Zone E4 Environmental Living if—(a) the subdivision will result in 2 or more lots of less than the minimum area specified for such lots by a development standard, or(b) the subdivision will result in at least one lot that is less than 90% of the minimum area specified for such a lot by a development standard.(8) 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 (4).(9) 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.
29 Controls relating to miscellaneous permissible uses
(1) Bed and breakfast accommodation If development for the purposes of bed and breakfast accommodation is permitted under this Part, the accommodation that is provided to guests must consist of no more than 4 bedrooms.(2) Home businesses If development for the purposes of a home business is permitted under this Part, the carrying on of the business must not involve the use of more than 50 square metres of floor area.(3) Kiosks If development for the purposes of a kiosk is permitted under this Part, the gross floor area must not exceed 30 square metres.(4) Neighbourhood shops If development for the purposes of a neighbourhood shop is permitted under this Part, the retail floor area must not exceed 100 square metres.(5) Secondary dwellings If development for the purposes of a secondary dwelling is permitted under this Part, the total floor area of the dwelling (excluding any area used for parking) must not exceed whichever of the following is the greater—(a) 60 square metres,(b) 20% of the total floor area of both the self-contained dwelling and the principal dwelling.
30 Architectural roof features
(1) The objectives of this clause are as follows—(a) to permit variations to maximum building height standards for roof features of visual interest,(b) to ensure that roof features are decorative elements and that the majority of the roof is contained within the maximum building height standard.(2) Development that includes an architectural roof feature that exceeds, or causes a building to exceed, the height limits set by clause 18 may be carried out, but only with 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.
31 Preservation of trees or vegetation
(1) The objective of this clause is to preserve the amenity of the area through the preservation of trees and other vegetation.(2) This clause applies to species or kinds of trees or other vegetation that are prescribed for the purposes of this clause by a development control plan made by the relevant council.Note—A development control plan may prescribe the trees or other vegetation to which this clause 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 relevant council.(4) The refusal by the relevant council to grant a permit to a person who has duly applied for the grant of the permit is taken for the purposes of the Act to be a refusal by the relevant council to grant consent for the carrying out of the activity for which a permit was sought.(5) This clause does not apply to a tree or other vegetation that the relevant council is satisfied is dying or dead and is not required as the habitat of native fauna.(6) This clause does not apply to a tree or other vegetation that the relevant council is satisfied is a risk to human life or property.(7) A permit under this clause cannot allow any ringbarking, cutting down, topping, lopping, removal, injuring or destruction of a tree or other vegetation—(a) that is or forms part of a heritage item, or(b) that is within a heritage conservation area.Note—As a consequence of this subclause, the activities concerned will require development consent. The heritage provisions of clause 33 will be applicable to any such consent.(8) This clause 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 and Spatial Information Act 2002, or(e) plants declared to be noxious weeds under the Noxious Weeds Act 1993.
32 Native vegetation areas
(1) The objective of this clause is to protect and manage native vegetation areas.(2) This clause applies to land within a native vegetation area as shown on the Native Vegetation Protection Map.(3) This clause does not apply to any vegetation declared to be noxious weeds under the Noxious Weeds Act 1993.(4) The consent authority must not grant development consent for development on land to which this clause applies unless the consent authority is satisfied that the proposed development will not result in the clearing of any native vegetation (within the meaning of the Native Vegetation Act 2003).
33 Heritage conservation
(1) Objectives The objectives of this clause are—(a) to conserve the environmental heritage of the Edmondson Park South site, and(b) to conserve the heritage significance of heritage items and heritage conservation areas including associated fabric, settings and views, and(c) to conserve archaeological sites, and(d) to conserve places of Aboriginal heritage significance.(2) Requirement for consent Development consent is required for any of the following—(a) demolishing or moving a heritage item or a building, work, relic or tree within a heritage conservation area,(b) altering a heritage item or a building, work, relic, tree or place within a heritage conservation area, including (in the case of a building) making changes to the detail, fabric, finish or appearance of its exterior,(c) altering a heritage item that is a building by making structural changes to its interior,(d) 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,(e) disturbing or excavating a heritage conservation area that is a place of Aboriginal heritage significance,(f) erecting a building on land on which a heritage item is located or that is within a heritage conservation area,(g) subdividing land on which a heritage item is located or that is within a heritage conservation area.(3) When consent not required However, consent under this clause 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, archaeological site, or a building, work, relic, tree or place within a heritage conservation area, and(ii) would not adversely affect the significance of the heritage item, 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 a place of Aboriginal 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 on heritage significance The consent authority must, before granting consent under this clause, consider the effect of the proposed development on the heritage significance of the heritage item or heritage conservation area concerned. This subclause applies regardless of whether a heritage impact statement is prepared under subclause (5) or a heritage conservation management plan is submitted under subclause (6).(5) Heritage impact assessment The consent authority may, before granting consent to any development on land—(a) on which a heritage item is situated, or(b) within a heritage conservation area, orrequire a heritage impact statement 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.(c) within the vicinity of land referred to in paragraph (a) or (b),(6) Heritage conservation management plans The consent authority may require, after considering the 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 clause.(7) Archaeological sites The consent authority must, before granting consent under this clause 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 any response received from the Heritage Council within 28 days after the notice is sent.(8) Places of Aboriginal heritage significance The consent authority must, before granting consent under this clause to the carrying out of development in a place of Aboriginal heritage significance—(a) consider the effect of the proposed development on the heritage significance of the place and any Aboriginal object known or reasonably likely to be located at the place, and(b) notify the local Aboriginal communities (in such way as it thinks appropriate) about the application and take into consideration any response received within 28 days after the notice is sent.(9) Demolition of item of State significance The consent authority must, before granting consent for the demolition of a heritage item identified on the Heritage Map as being of State significance (other than an item listed on the State Heritage Register or to which an interim heritage order under the Heritage Act 1977 applies)—(a) notify the Heritage Council about the application, and(b) take into consideration any 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, even though development for that purpose would otherwise not be allowed by this Part, if the consent authority is satisfied that—(a) the conservation of the heritage item is facilitated by the granting of consent, and(b) the proposed development is in accordance with a heritage conservation management plan 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 conservation management plan is carried out, and(d) the proposed development would not adversely affect the heritage significance of the heritage item, including its setting, and(e) the proposed development would not have any significant adverse effect on the amenity of the surrounding area.(11) For the purposes of the definition of heritage item in clause 2(1), the location and nature of a heritage item is specified in the following table—Table—heritage items
34 Public utility infrastructure
(1) Development consent must not be granted for development on land within the Edmondson Park South site unless the consent authority is satisfied that any public utility infrastructure that is essential for the proposed development is available or that adequate arrangements have been made to make that infrastructure available when required.(2) This clause does not apply to development for the purpose of providing, extending, augmenting, maintaining or repairing any public utility infrastructure.(3) In this clause, public utility infrastructure includes infrastructure for any of the following—(a) the supply of water,(b) the supply of electricity or gas,(c) the disposal and management of sewage.
35 Infrastructure development and use of existing buildings of the Crown
(1) This Part does not restrict or prohibit, or enable the restriction or prohibition of, the carrying out of any development that is permitted to be carried out with or without consent or that is exempt development under the State Environmental Planning Policy (Infrastructure) 2007.(2) This Part does not restrict or prohibit, or enable the restriction or prohibition of, the use of existing buildings of the Crown by the Crown.
36 Development control plan
(1) The objective of this clause is to ensure that development on land within the Edmondson Park South site occurs in a logical and cost-effective manner, in accordance with a staging plan and only after a development control plan that includes specific controls has been prepared for the land.(2) Development consent must not be granted for development on land within the Edmondson Park South site unless a development control plan that provides for the matters specified in subclause (3) has been prepared for the land.(3) The development control plan must provide for all of the following—(a) a staging plan for the timely and efficient release of urban land making provision for necessary infrastructure and sequencing,(b) an overall transport movement hierarchy showing the major circulation routes and connections to achieve a simple and safe movement system for private vehicles, public transport, pedestrians and cyclists,(c) an overall landscaping strategy for the protection and enhancement of riparian areas and remnant vegetation, including visually prominent locations, and detailed landscaping requirements for both the public and private domain,(d) a network of passive and active recreational areas,(e) stormwater and water quality management controls,(f) amelioration of natural and environmental hazards, including bushfire, flooding and site contamination and, in relation to natural hazards, the safe occupation of, and the evacuation from, any land so affected,(g) detailed urban design controls for significant development sites,(h) measures to encourage higher density living around transport, open space and service nodes,(i) measures to accommodate and control appropriate neighbourhood commercial and retail uses,(j) suitably located public facilities and services, including provision for appropriate traffic management facilities and parking.(4) Subclause (2) does not apply to any of the following development—(a) a subdivision for the purpose of a realignment of boundaries that does not create additional lots,(b) a subdivision of land if any of the lots proposed to be created is to be reserved or dedicated for public open space, public roads or any other public or environmental protection purpose,(c) a subdivision of land in a zone in which the erection of structures is prohibited,(d) proposed development on land that is of a minor nature only, if the consent authority is of the opinion that the carrying out of the proposed development would be consistent with the objectives of the zone in which the land is situated.
37 Relevant acquisition authority
(1) The objective of this clause 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).
38 Suspension of covenants, agreements and instruments
(1) For the purpose of enabling development on land within the Edmondson Park South site to be carried out in accordance with this Part or with a consent granted under the Act, any agreement, covenant or other similar instrument that restricts the carrying out of that development does not apply to the extent necessary to serve that purpose.(2) This clause does not apply—(a) to a covenant imposed by the relevant council or that the relevant council requires to be imposed, or(b) to any prescribed instrument within the meaning of section 183A of the Crown Lands Act 1989, or(c) to any conservation agreement within the meaning of the National Parks and Wildlife Act 1974, or(d) to any Trust agreement within the meaning of the Nature Conservation Trust Act 2001, or(e) to any property vegetation plan within the meaning of the Native Vegetation Act 2003, or(f) to any biobanking agreement within the meaning of Part 7A of the Threatened Species Conservation Act 1995, or(g) to any planning agreement within the meaning of Division 7.1 of the Act.(3) This clause does not affect the rights or interests of any public authority under any registered instrument.(4) Under section 28 of the Act, the Governor, before the making of this clause, approved of subclauses (1)–(3).Note—This clause does not affect the operation of any conservation agreement between the Commonwealth and this State made under the Environment Protection and Biodiversity Conservation Act 1999 of the Commonwealth.
Part 33 Southern Highlands Regional Shooting Complex site
Division 1 Preliminary
1 Land to which Part applies
This Part applies to the land identified on the Land Application Map, referred to in this Schedule as the Southern Highlands Regional Shooting Complex site.
2 Interpretation
(1) In this Part—Council means the Wingecarribee Shire Council.Land Application Map means the State Environmental Planning Policy (Major Projects) 2005 (Amendment No 33) Southern Highlands Regional Shooting Complex—Land Application Map.Land Zoning Map means the State Environmental Planning Policy (Major Projects) 2005 (Amendment No 33) Southern Highlands Regional Shooting Complex—Land Zoning Map.shooting range means an area for firearm shooting competition, training or practice.support infrastructure means a building, work or associated infrastructure used for the purpose of a club house, administration, grounds maintenance, car parking, site utility or environmental protection.(2) A word or expression used in this Part has the same meaning as it has in the standard instrument prescribed by the Standard Instrument (Local Environmental Plans) Order 2006 (as in force immediately before the commencement of the Standard Instrument (Local Environmental Plans) Amendment Order 2011) unless it is otherwise defined in this Part.
3 Consent authority
The consent authority for development on land in the Southern Highlands Regional Shooting Complex site, other than development that is a transitional Part 3A project, is the Council.
4 (Repealed)
5 Relationship with other environmental planning instruments
The only environmental planning instruments that apply, according to their terms, to land within the Southern Highlands Regional Shooting Complex site are this Policy and all other State environmental planning policies except State Environmental Planning Policy No 1—Development Standards.
Division 2 Provisions relating to development within Southern Highlands Regional Shooting Complex site
6 Application of Division
(1) This Division applies to development on land in the Southern Highlands Regional Shooting Complex site, except as provided by subclause (2).(2) Clauses 8, 9, 10, 15, 16 and 17 do not apply to development within the Southern Highlands Regional Shooting Complex site to the extent that it is a transitional Part 3A project.
7 Land use zones
For the purposes of this Policy, land in the Southern Highlands Regional Shooting Complex site is in a zone as follows if the land is shown on the Land Zoning Map as being within that zone—(a) Zone SP1 Special Activities,(b) Zone E2 Environmental Conservation.
8 Objectives of land use zones to be taken into account
The consent authority must have regard to the objectives for development in a zone when determining a development application in respect of land within the zone.
9 Zone SP1 Special Activities
(1) The objectives of Zone SP1 Special Activities are as follows—(a) to provide for special land uses that are not provided for in other zones,(b) to provide for sites with special natural characteristics that are not provided for in other zones,(c) to facilitate development that is in keeping with the special characteristics of the site or its existing or intended special use, and that minimises any adverse impacts on surrounding land,(d) to facilitate development for the purpose of a shooting complex, including the shooting ranges and support infrastructure,(e) to prevent development that could have an adverse effect on a shooting complex, including the shooting ranges and support infrastructure.(2) Development for the following purpose is permitted without development consent on land within Zone SP1 Special Activities—environmental protection works.(3) Development for any of the following purposes is permitted only with development consent on land within Zone SP1 Special Activities—the purpose shown on the Land Zoning Map, including any development that is ordinarily incidental or ancillary to development for that purpose; drainage.(4) Except as otherwise provided by this Division, development is prohibited on land within Zone SP1 Special Activities unless it is permitted by subclause (2) or (3).
10 Zone E2 Environmental Conservation
(1) The objectives of Zone E2 Environmental Conservation are as follows—(a) to protect, manage and restore areas of high ecological, scientific, cultural or aesthetic values,(b) to prevent development that could destroy, damage or otherwise have an adverse effect on those values.(2) Development for the following purpose is permitted without development consent on land within Zone E2 Environmental Conservation—environmental protection works.(3) Development for any of the following purposes is permitted only with development consent on land within Zone E2 Environmental Conservation—drainage; environmental facilities; roads; shooting ranges.(4) Except as otherwise provided by this Division, development for the following purposes is prohibited on land within Zone E2 Environmental Conservation—business premises; hotel or motel accommodation; industries; multi dwelling housing; recreation facilities (major); residential flat buildings; retail premises; seniors housing; service stations; warehouse or distribution centres; any other development not specified in subclause (2) or (3).
11 Prohibited development
Development on land within the Southern Highlands Regional Shooting Complex site that is part of a transitional Part 3A project is prohibited if it would be prohibited were it development to which Part 4 of the Act applies.
12 Infrastructure development and the use of existing buildings of the Crown
(1) This Part does not restrict or prohibit, or enable the restriction or prohibition of, the carrying out of any development that is permitted to be carried out with or without consent or that is exempt development under State Environmental Planning Policy (Infrastructure) 2007.(2) This Part does not restrict or prohibit, or enable the restriction or prohibition of, the use of existing buildings of the Crown by the Crown.
13 Height of buildings
The height of a building on land in the Southern Highlands Regional Shooting Complex site is not to exceed 9 metres.
14 Exceptions to development standards—transitional Part 3A projects
(1) A development standard imposed by this or any other environmental planning instrument on development that is part of a transitional Part 3A project, and is within the Southern Highlands Regional Shooting Complex site, does not apply to that development if the Secretary is satisfied, and issues a certificate to the effect, that—(a) compliance with the development standard is unreasonable or unnecessary in the circumstances of the case, and(b) there are sufficient environmental planning grounds to justify exempting the development from that development standard.(2) In deciding whether to issue a certificate, the 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 Secretary.
15 Exceptions to development standards—other development
(1) This clause applies to development, other than development that is part of a transitional Part 3A project.(2) The objectives of this clause are—(a) to provide an appropriate degree of flexibility in applying certain development standards to particular development, and(b) to achieve better outcomes for and from development by allowing flexibility in particular circumstances.(3) 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.(4) 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.(5) 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 (4), 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 Secretary has been obtained.(6) In deciding whether to grant concurrence, the 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 Secretary before granting concurrence.(7) 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 (4).(8) This clause does not allow consent to be granted for development that would contravene a development standard for complying development.
16 Bush fire hazard reduction
Bush fire hazard reduction work authorised by the Rural Fires Act 1997 may be carried out on any land without consent.Note—The Rural Fires Act 1997 also makes provision relating to the carrying out of development on bush fire prone land.
17 (Repealed)
Part 34 Sirius site
Division 1 General
1 Land to which Part applies
This Part applies to the land identified on the Land Application Map, referred to in this Part as the Sirius site.
2 Interpretation
(1) In this Part—Active Street Frontages Map means the State Environmental Planning Policy (State Significant Precincts) 2005 Sirius Active Street Frontages Map.building height (or height of building) means—(a) in relation to the height of a building in metres—the vertical distance from ground level (existing) to the highest point of the building, orincluding plant and lift overruns, but excluding communication devices, antennae, satellite dishes, masts, flagpoles, chimneys, flues and the like.(b) in relation to the RL of a building—the vertical distance from the Australian Height Datum to the highest point of the building,existing building means the building on land within the Sirius site immediately before the commencement of this Part.Height of Buildings Map means the State Environmental Planning Policy (State Significant Precincts) 2005 Sirius Height of Buildings Map.Land Application Map means the State Environmental Planning Policy (State Significant Precincts) 2005 Sirius Land Application Map.(2) A word or expression used in this Part has the same meaning as it has in the standard instrument prescribed by the Standard Instrument (Local Environmental Plans) Order 2006 unless it is otherwise defined in this Part.
3 Relationship with continued planning provisions under Sydney Cove Redevelopment Authority Act 1968
An approved scheme in force under clause 29 of Schedule 1 to the Environmental Planning and Assessment (Savings, Transitional and Other Provisions) Regulation 2017 does not apply to land within the Sirius site.
4 Minister is consent authority
The consent authority for development on land within the Sirius site is the Minister.
Division 2 Development standards
5 Land use zone
(1) For the purposes of this Policy, land within the Sirius site is in Zone B8 Metropolitan Centre.(2) The consent authority must have regard to each of the objectives for development in Zone B8 Metropolitan Centre when determining a development application in respect of land within that zone.
6 Zone B8 Metropolitan Centre
(1) The objectives for development in Zone B8 Metropolitan Centre are as follows—(a) to recognise and provide for the pre-eminent role of business, office, retail, entertainment and tourist premises in Australia’s participation in the global economy,(b) to provide opportunities for an intensity of land uses commensurate with Sydney’s global status,(c) to permit a diversity of compatible land uses characteristic of Sydney’s global status and that serve the workforce, visitors and wider community,(d) to encourage the use of alternatives to private motor vehicles, such as public transport, walking or cycling,(e) to promote uses with active street frontages on main streets and on streets in which buildings are used primarily (at street level) for the purposes of retail premises.(2) Development for any of the following purposes is permitted without development consent on land within Zone B8 Metropolitan Centre—Nil(3) Development for any of the following purposes is permitted only with development consent on land within Zone B8 Metropolitan Centre—Centre-based child care facilities; Commercial premises; Community facilities; Educational establishments; Entertainment facilities; Function centres; Information and education facilities; Passenger transport facilities; Recreation facilities (indoor); Registered clubs; Respite day care centres; Restricted premises; Roads; Tourist and visitor accommodation; Any other development not specified in subclause (2) or (4)(4) Development for any of the following purposes is prohibited on land within Zone B8 Metropolitan Centre—Nil
7 Design excellence
(1) The objective of this clause is to deliver the highest standard of architectural, urban and landscape design.(2) This clause applies to development involving the erection of a new building on land within the Sirius site or alterations to the existing building.(3) Development consent must not be granted for development to which this clause applies unless the consent authority considers that the development exhibits design excellence.(4) In considering whether the development exhibits design excellence, the consent authority must have regard to the following matters—(a) whether a high standard of architectural design, materials and detailing appropriate to the building type and location will be achieved,(b) whether the form and external appearance of the development will improve the quality and amenity of the public domain and, in the case of an alteration to the existing building, enhance the building’s unique historic characteristics,(c) whether the development detrimentally impacts on view corridors, with particular regard to views to and from National Heritage sites, including the Sydney Opera House and Sydney Harbour Bridge,(d) whether the development detrimentally impacts the world heritage value of the Sydney Opera House having regard to Division 3A of Part 5 of Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005,(e) the requirements of the Design Excellence Guidelines,(f) how the development addresses the following matters—(i) the suitability of the land for development,(ii) existing and proposed uses and use mix,(iii) impacts on world, national, state and local heritage items in proximity to the site,(iv) the relationship of the development with other development (existing or proposed) on the same site or on neighbouring sites in terms of separation, setbacks, amenity and urban form,(v) bulk, massing and modulation of buildings,(vi) street frontage heights,(vii) environmental impacts such as sustainable design, overshadowing, wind and reflectivity,(viii) the achievement of the principles of ecologically sustainable development,(ix) pedestrian, cycle, vehicular and service access, circulation and requirements,(x) the impact on, and any proposed improvements to, the public domain and streetscape,(xi) the impact on any special character area,(xii) achieving appropriate interfaces at ground level between the building and the public domain,(xiii) excellence in and integration of landscape design.(5) Development consent must not be granted for development to which this clause applies unless—(a) an architectural design competition that is consistent with the Design Excellence Guidelines has been held in relation to the proposed development, and(b) the consent authority takes into account the results of the architectural design competition, and(c) a design review panel has reviewed the design of the proposed development.(6) An architectural design competition under subclause (5) is not required for any proposed development that is a minor external alteration to the existing building if—(a) the consent authority is satisfied that a design competition would be unreasonable or unnecessary, and(b) a design review panel has reviewed the design of the proposed development.(7) In this clause—architectural design competition means a competitive process conducted in accordance with the Design Excellence Guidelines and endorsed by the NSW Government Architect.building demonstrating design excellence means a building where the design of the building (or the design of an external alteration to the building) is the winner of a competitive design process and the consent authority is satisfied that the building or alteration exhibits design excellence.Design Excellence Guidelines means the Design Excellence Guidelines issued by the Secretary from time to time.design review panel means a panel of 3 or more persons established by the NSW Government Architect on behalf of the consent authority for the purposes of this clause.
8 Car parks
(1) The maximum number of car parking spaces for residential flat buildings and multi dwelling housing on land within the Sirius site is as follows—(a) for each studio dwelling—0.1 spaces,(b) for each 1 bedroom dwelling—0.3 spaces,(c) for each 2 bedroom dwelling—0.7 spaces,(d) for each 3 or more bedroom dwelling—1 space.(2) The maximum number of car parking spaces for a building used for the purposes of serviced apartments or hotel or motel accommodation on land within the Sirius site is as follows—(a) 1 space for every 4 bedrooms up to 100 bedrooms,(b) 1 space for every 5 bedrooms more than 100 bedrooms.
9 Height of buildings
The height of any new building, or any alterations to the existing building, on land within the Sirius site is not to exceed the maximum height shown for the land on the Height of Buildings Map.
10 Active street frontages
(1) The objective of this clause is to promote uses that attract pedestrian traffic along certain ground floor street frontages on land within the Sirius site.(2) This clause applies to land identified as “Active street frontage” on the Active Street Frontages Map.(3) Development consent must not be granted to the erection of a building, the alteration of the existing building or a change of use of a building, on land to which this clause applies unless the consent authority is satisfied that the building will have an active street frontage after its erection, alteration or change of use.(4) Despite subclause (3), an active street frontage is not required for any part of a building that is used for any of the following—(a) entrances and lobbies (including as part of mixed use development),(b) access for fire services,(c) vehicular access.
11 Maximum gross floor area
(1) This clause applies if the existing building is completely demolished.(2) The maximum gross floor area of a building on any land within the Sirius site is 8,420m2.
Division 3 Additional development standards if existing building not demolished
12 Application of Division
This Division applies if the existing building is not completely demolished.
13 Maximum gross floor area
The maximum gross floor area of a building on land within the Sirius site is 7,010m2.
14 Exceptions 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 that—(a) compliance with the development standard is unreasonable or unnecessary in the circumstances of the case, and(b) 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 the consent authority is satisfied that—(a) the applicant’s written request has adequately addressed the matters required to be demonstrated by subclause (3), and(b) 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.(5) Development consent must not be granted under this clause for a subdivision of land.(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 (4).(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,(c) any variation to the maximum gross floor area of a building on land within the Sirius site that would result in a gross floor area of more than 8,420m2.
Map 1—Schedule 3—Sydney Opera House
%20AND%20(No%3D0194)%20AND%20(Year%3D2005)%20AND%20(%22Historical%20Document%22%3D%222019-11-29%22))/g18.gif)
Map 2—Schedule 3—Luna Park
%20AND%20(No%3D0194)%20AND%20(Year%3D2005)%20AND%20(%22Historical%20Document%22%3D%222019-11-29%22))/g11.gif)
Maps 3–5 (Repealed)
Map 6—Schedule 3—North Head Federal Police Training site
%20AND%20(No%3D0194)%20AND%20(Year%3D2005)%20AND%20(%22Historical%20Document%22%3D%222019-11-29%22))/g24.gif)
Map 7—Schedule 3—Huntingwood West Precinct
%20AND%20(No%3D0194)%20AND%20(Year%3D2005)%20AND%20(%22Historical%20Document%22%3D%222019-11-29%22))/g23.gif)
Maps 8–10 (Repealed)
Schedules 4, 5 (Repealed)
sch 4: Rep 2005 (194), cl 13 (2). Ins 2007 (456), Sch 1 [2]. Rep 2008 No 62, Sch 4.
sch 5: Ins 2005 (392), Sch 1 [25]. Am 2005 (713), Sch 2; 2006 No 58, Sch 2.56 [2]; 2006 (604), Sch 1; 2007 (345), Sch 1 [3]; 2008 (184), Sch 1; 2009 (4), Sch 1. Rep 2011 (511), Sch 6.12 [34].
Schedule 6 Minister consent authority for Part 4 development
(Clause 9A)
1 (Repealed)
2 Redfern–Waterloo Authority Sites
Development (with a capital investment value of not more than $10 million) within the area shown edged heavy black on the Land Application Map within the meaning of Part 5 of Schedule 3.Note—Development controls in relation to the Redfern–Waterloo Authority Sites for development under Part 4 of the Act are contained in Part 5 of Schedule 3.
3 Sydney Olympic Park site
Development within the Sydney Olympic Park site, as shown on the State Environmental Planning Policy (Major Development) Amendment (Sydney Olympic Park) 2009 Land Application Map as referred to in Schedule 3 to this Policy, except development that is a transitional Part 3A project.Note—Development controls in relation to the Sydney Olympic Park site for development under Part 4 of the Act are contained in Schedule 3 to this Policy.
4 Port and related employment lands
(1) (Repealed)(2) Sydney Harbour Development within the area identified as Glebe Island, White Bay, Rozelle Bay and Blackwattle Bay on the Sydney Harbour Port and Related Employment Lands Map, being development with a capital investment value of not more than $10 million that is carried out by a person other than a public authority.
5 Luna Park Site
Development (with a capital investment value of not more than $10 million) within the area identified as the Luna Park Site on Map 2 to Schedule 3.
sch 6: Ins 2005 (392), Sch 1 [25]. Am 2005 (851), Sch 1 [5]–[8]; 2006 (495), Sch 1 [7] [8]; 2006 No 120, Sch 2.88 [2]; 2007 (171), Sch 1 [13]; 2007 (359), Sch 1 [26]; 2007 (511), Sch 1 [6] [7]; 2007 No 82, Sch 2.18 [1]; 2007 (641), Sch 5.43 [2]; 2009 (162), Sch 1 [5]; 2009 (342), Sch 1 [6]; 2009 (494), Sch 1 [3]; 2010 (136), Sch 1 [68]; 2010 (692), Sch 1 [7]; 2011 (511), Sch 6.12 [35]–[40]; 2013 (706), Sch 2.13 [36].
Schedule 7 Development that does not require consent under Part 4
(Clause 10A)
1 Port and related employment lands development by public authority
The following development carried out in the following areas by a public authority—(a) (Repealed)(b) development within the area identified as Glebe Island, White Bay, Rozelle Bay and Blackwattle Bay on the Sydney Harbour Port and Related Employment Lands Map, being development with a capital investment value of not more than $10 million.
2 (Repealed)
sch 7: Ins 2007 (171), Sch 1 [14]. Am 2009 (342), Sch 1 [7] [8]; 2011 (511), Sch 6.12 [41] [42]; 2013 (228), Sch 3 [8]; 2013 (241), Sch 2.1 [5] [8]–[10]; 2014 (97), Sch 2.2 [2].
Schedules 8, 9 (Repealed)
sch 8: Ins 2007 (171), Sch 1 [14]. Am 2007 (359), Sch 1 [27]; 2007 No 82, Sch 2.18 [2]; 2008 (557), Sch 1 [3] [4]; 2009 (162), Sch 1 [6]; 2009 (494), Sch 1 [4] [5]; 2010 (193), Sch 1 [6] [7]; 2011 (511), Sch 6.12 [43]; 2012 (120), Sch 1 [12]–[15]; 2013 (706), Sch 2.13 [37].
sch 9: Ins 2008 (557), Sch 1 [5]. Am 2009 (494), Sch 1 [6] [7]; 2012 (120), Sch 1 [16]; 2013 (706), Sch 2.13 [38].