Part 1 Preliminary
1 Name of Policy
This Policy is State Environmental Planning Policy (Activation Precincts) 2020.
2 Commencement
This Policy commences on the day on which it is published on the NSW legislation website.
3 Aims of Policy
The aim of this Policy is to identify Activation Precincts in order to—(a) promote economic development, industry investment and innovation and to create employment in those Precincts, and(b) facilitate strategic and efficient development of land and infrastructure in those Precincts, and(c) protect and enhance land in those Precincts that has natural and cultural heritage value.
4 Definitions
(1) In this Policy—Activation Precinct means land declared to be an Activation Precinct by this Policy.delivery plan for an Activation Precinct means a delivery plan for the Precinct that is approved by the Planning Secretary under clause 9.Development Corporation means the Regional Growth NSW Development Corporation constituted by the Growth Centres (Development Corporations) Act 1974.master plan for an Activation Precinct means a master plan for the Precinct that is prepared and approved by the Minister under clause 8.pipeline corridor means land that is within—(a) the licence area of a relevant pipeline, or(b) 20 metres of the centreline, measured radially, of a relevant pipeline, or(c) 20 metres of land the subject of an easement for a relevant pipeline.relevant pipeline means a pipeline for gas or petroleum or other liquid fuels under the Pipelines Act 1967 with the following licence numbers—(a) for land in the Parkes Activation Precinct—licence number 25,(b) for land in the Wagga Wagga Activation Precinct—licence numbers 19 and 23.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) A word or expression used in this Policy has the same meaning as in the standard local environmental planning instrument prescribed by the Standard Instrument (Local Environmental Plans) Order 2006 unless it is otherwise defined in this Policy.(3) Notes included in this Policy do not form part of this Policy.cl 4: Am 2021 (245), Sch 1[1].
5 Land to which Policy applies
This Policy applies to land within an Activation Precinct.
6 Relationship with other environmental planning instruments
(1) 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.(2) A local environmental plan does not apply to land within an Activation Precinct.
7 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 persons making the instruments when the instruments are made.(2) Any 2 or more named maps may be combined into a single map.(3) In that case, a reference in this Policy to the named map is a reference to the relevant part or aspect of the single map.(4) The maps adopted by this Policy are to be kept and made available for public access in accordance with arrangements approved by the Minister.(5) 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.
Part 2 Master plans and delivery plans
8 Master plans for Activation Precincts
(1) The Minister is to prepare and approve a master plan that applies to all land within an Activation Precinct.(2) The master plan for an Activation Precinct must contain the following information—(a) the strategic vision and general objectives for the Activation Precinct,(b) a map showing proposed land uses for land within the Activation Precinct,(c) the performance criteria for development on land within the Activation Precinct,(d) information about any heritage items, heritage conservation areas or places of heritage significance within the Activation Precinct,(e) limitations on development on land within the Activation Precinct, such as environmentally sensitive areas, contaminated land, flooding and cultural heritage.(3) The master plan for an Activation Precinct may also contain proposals for public utility infrastructure and roads and transport.(4) The master plan for an Activation Precinct must be consistent with this Policy.(5) The Minister may amend or replace a master plan.(6) A draft master plan is to be published on the NSW planning portal for at least 28 days before it is approved by the Minister.(7) A master plan approved by the Minister must be published on the NSW planning portal and takes effect on the day it is so published.
9 Delivery plans for Activation Precincts
(1) There is to be at least one delivery plan for an Activation Precinct.(2) A delivery plan is to be prepared by the Development Corporation and must be approved by the Planning Secretary.(3) A delivery plan may apply to all land or specified land within the Activation Precinct.(4) A delivery plan must be consistent with the master plan for the Activation Precinct.(5) A delivery plan must contain the following information—(a) the specific development controls for particular development on land within the Activation Precinct,(b) the basis on which particular development is proposed, having regard to applicable economic, social and environmental factors,(c) existing and proposed infrastructure, public open spaces, public transport and road networks within the Activation Precinct,(d) any areas of environmental significance within the Activation Precinct,(e) the location and details of any infrastructure corridor designated under Division 5.3 of the Act on land within the Activation Precinct,(f) how the development achieves the general objectives for land within the Activation Precinct that are specified in the master plan for the Precinct.(5A) Before a delivery plan is approved by the Planning Secretary, the Development Corporation must—(a) seek and consider submissions from the public on a draft delivery plan, by publishing the draft on the Development Corporation’s website for at least 28 days, and(b) provide the Planning Secretary with a written response to any submissions received.(6) A delivery plan approved by the Planning Secretary must be published on the NSW planning portal and takes effect on the day it is so published.cl 9: Am 2021 (245), Sch 1[2].
10 Consent authority to consider master plans and delivery plans
A consent authority must have regard to the following when determining an application for development consent to carry out development on land within an Activation Precinct—(a) the master plan for the Activation Precinct,(b) any delivery plan that applies to the land on which the development is to be carried out,(c) any draft master plan or draft delivery plan that is published on the NSW planning portal.
Part 3 Activation Precinct certificates
Note—
Under the Environmental Planning and Assessment Regulation 2000, an Activation Precinct certificate is required to accompany an application for development consent for development on land within an Activation Precinct and an application for a complying development certificate on land within an Activation Precinct.
Division 1 General
pt 3, div 1, hdg: Ins 2021 (245), Sch 1[3].
11 Applications for Activation Precinct certificates
(1) An application for an Activation Precinct certificate in respect of proposed development on land within an Activation Precinct may be made to the issuing authority.(2) An application may be made only by the person who proposes to carry out the proposed development with the consent of the owner of the land to which the Activation Precinct certificate relates.(3) An application must be in the form approved by the Development Corporation and include the following information—(a) the name and address of the applicant,(b) the address, and particulars of title, of the subject land,(c) a description of the proposed development.(4) In this Part, means—(a) the Development Corporation in the case of—(i) development for the purposes of subdivision, and(ii) development other than for the purposes of subdivision if the Development Corporation is not the applicant for development consent, and(b) the Planning Secretary—in any other case.
12 Determination of applications for Activation Precinct certificates
(1) The issuing authority must determine an application by issuing an Activation Precinct certificate in accordance with this Part or refusing to issue a certificate.(2) The issuing authority must determine an application within 30 days of the application being made.Note—There is no right of review or appeal in relation to a determination of, or a failure to determine, an application for an Activation Precinct certificate.(3) The issuing authority may issue an Activation Precinct certificate for development on land only if—(a) there is a master plan and delivery plan that apply to the land concerned, and(b) the issuing authority is of the opinion that the development is consistent with the master plan and delivery plan.(4) If the issuing authority is of the opinion that the development is not consistent with the master plan and delivery plan for the land, the issuing authority is to give the applicant an opportunity to modify the application to ensure that it is consistent.(5) The issuing authority must provide its reasons for refusing to issue an Activation Precinct certificate.(6) Clauses 12 and 13 of State Environmental Planning Policy No 33—Hazardous and Offensive Development and clause 7 of State Environmental Planning Policy No 55—Remediation of Land apply to an application for an Activation Precinct certificate that relates to complying development in the same way as they apply to an application for development consent.Note—State Environmental Planning Policy No 33—Hazardous and Offensive Development and State Environmental Planning Policy No 55—Remediation of Land apply to development within an Activation Precinct that is not complying development.(7) For the purposes of subclause (6), any reference in those clauses to a development application, development consent or a consent authority is to be read as a reference to an application for an Activation Precinct certificate, the issuing of an Activation Precinct certificate or the issuing authority, respectively.
12A Activation Precinct certificates for complying development involving potentially hazardous or offensive industry
(1) This clause applies to an application for an Activation Precinct certificate that relates to complying development for the purposes of a potentially hazardous industry or potentially offensive industry.(2) If the Development Corporation is the issuing authority in relation to an application to which this clause applies, the Development Corporation must not issue an Activation Precinct certificate without the approval of the Planning Secretary.(3) The Planning Secretary may grant approval for the purposes of subclause (2) only if satisfied that the development does not pose an unacceptable risk in the locality to human health, life, property or the biophysical environment.(4) This clause does not affect the issue of an Activation Precinct certificate that relates to development proposed to be carried out with development consent.(5) In this clause—potentially hazardous industry and potentially offensive industry have the same meanings as in State Environmental Planning Policy No 33—Hazardous and Offensive Development.cl 12A: Ins 2021 (245), Sch 1[4].
13 Duration of Activation Precinct certificates
An Activation Precinct certificate remains in force for 3 years after it is issued.
Division 2 Consultation for certain development
pt 3, div 2 (cll 14–17): Ins 2021 (245), Sch 1[5].
14 Development near electricity transmission and distribution networks
(1) The issuing authority must not issue an Activation Precinct certificate for the following development unless the issuing authority has consulted the electricity supply authority for the area in which the development is to be carried out—(a) development that involves the penetration of ground within 10 metres of—(i) an underground electricity power line, or(ii) an electricity distribution pole, or(iii) any part of an electricity tower,(b) development on land—(i) within or immediately adjacent to an easement for electricity purposes, or(ii) immediately adjacent to an electricity substation, or(iii) within 5 metres of an exposed overhead electricity power line.(2) In this clause—has the same meaning as in Part 3, Division 5 of State Environmental Planning Policy (Infrastructure) 2007.pt 3, div 2 (cll 14–17): Ins 2021 (245), Sch 1[5].
15 Development in pipeline areas
(1) The issuing authority must not issue an Activation Precinct certificate for development on land within the measurement length of a relevant pipeline unless the issuing authority—(a) has consulted the operator of the relevant pipeline, and(b) is satisfied that the development will adequately deal with potential risks to the integrity of the pipeline.(2) In this clause—measurement length has the same meaning as in Australian and New Zealand Standard AS/NZS 2885.1:2018, Pipelines—Gas and liquid petroleum, Part 1: Design and construction.pt 3, div 2 (cll 14–17): Ins 2021 (245), Sch 1[5].
16 Development in rail corridors
(1) The issuing authority must not issue an Activation Precinct certificate for the following development unless the issuing authority has consulted the rail authority for the rail corridor—(a) development that involves—(i) a new level crossing, or(ii) the conversion into a public road of a private access road across a level crossing, or(iii) a likely significant increase in the total number of vehicles or the number of trucks using a level crossing,(b) development on land that is in or adjacent to a rail corridor if the development—(i) is likely to have an adverse effect on rail safety, or(ii) involves the placing of a metal finish on a structure in a rail corridor used by electric trains, or(iii) involves the use of a crane in air space above a rail corridor, or(iv) is located within 5 metres of an exposed overhead electricity power line that is used for railways or rail infrastructure facilities,(c) development that involves the penetration of ground to a depth of at least 2 metres below ground level (existing) on land—(i) within, below or above a rail corridor, or(ii) within 25 metres, measured horizontally, of a rail corridor, or(iii) within 25 metres, measured horizontally, of the ground directly below a rail corridor, or(iv) within 25 metres, measured horizontally, of the ground directly above an underground rail corridor.(2) Land is adjacent to a rail corridor for the purpose of subclause (1)(b) even if it is separated from the rail corridor by a road or road related area.(3) In this clause—level crossing means a level crossing over railway lines.for a rail corridor has the same meaning as in State Environmental Planning Policy (Infrastructure) 2007, Part 3, Division 15.rail corridor has the same meaning as in State Environmental Planning Policy (Infrastructure) 2007, Part 3, Division 15.has the same meaning as in the Road Transport Act 2013.pt 3, div 2 (cll 14–17): Ins 2021 (245), Sch 1[5].
17 Consultation procedure
An issuing authority that is required to consult with a person or body under this Division must—(a) within 2 days of receiving an application for an Activation Precinct Certificate, give written notice of the application to the person or body, and(b) consider any submissions received from the person or body within 14 days of giving the written notice to the person or body.pt 3, div 2 (cll 14–17): Ins 2021 (245), Sch 1[5].
Schedule 1 Parkes Activation Precinct
Part 1 Declaration and zoning
1 Declaration of Parkes Activation Precinct
The land shown as Parkes Activation Precinct on the State Environmental Planning Policy (Activation Precincts) 2020 Parkes Activation Precinct Land Application Map is declared to be the Parkes Activation Precinct.
2 Land use zones
The land use zones in the Parkes Activation Precinct are as follows—Regional Enterprise ZoneSP2 Infrastructure Zone
3 Zoning of land within Parkes Activation Precinct
For the purposes of this Schedule, land is within the zones shown on the State Environmental Planning Policy (Activation Precincts) 2020 Parkes Activation Precinct Land Zoning Map.
4 Zone objectives and Land Use Table
(1) The Land Use Table at the end of this Part specifies for each zone—(a) the objectives for development, and(b) development that may be carried out without development consent, and(c) development that may be carried out only with development consent, and(d) development that is prohibited.(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.(3) In the Land Use Table at the end of this Part—(a) a reference to a type of building or other thing is a reference to development for the purposes of that type of building or other thing, and(b) a reference to a type of building or other thing does not include (despite any definition in this Policy) a reference to a type of building or other thing referred to separately in the Land Use Table in relation to the zone.(4) This clause is subject to the other provisions of this Policy.
Land Use TableRegional Enterprise Zone
1 Objectives of zone
• To encourage regional enterprise and innovation in industry, environmental management and performance and in urban and industrial design.• To effectively manage land uses of varying intensities or environmental sensitivities, and to minimise the risk of conflict associated with incompatible land uses.• To provide opportunities for regional economic development and employment.• To attract industries that would contribute to and benefit from being close to major freight transport networks.• To protect and enhance the local character of the precinct and contribute to the surrounding environment and its amenity.• To encourage the development of industry leading renewable energy generation and resource and waste management.
2 Permitted without consent
Environmental protection works
3 Permitted with consent
Cellar door premises; Food and drink premises; Hotel or motel accommodation; Kiosks; Neighbourhood shops; Timber yards; Any other development not specified in item 2 or 4
4 Prohibited
Air transport facilities; Amusement centres; Animal boarding or training establishments; Camping grounds; Caravan parks; Cemeteries; Centre-based child care facilities; Commercial premises; Correctional centres; Eco-tourist facilities; Entertainment facilities; Exhibition homes; Exhibition villages; Extractive industries; Function centres; Hazardous industries; Hazardous storage establishments; Health services facilities; Home-based child care; Home businesses; Home industries; Mortuaries; Offensive industries; Offensive storage establishments; Open cut mining; Places of public worship; Public administration buildings; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Residential accommodation; Respite day care centres; Restricted premises; Schools; Sex services premises; Tourist and visitor accommodation; Water recreation structures
SP2 Infrastructure Zone
1 Objectives of zone
• To provide for infrastructure and related uses.• To prevent development that is not compatible with or that may detract from the provision of infrastructure.
2 Permitted without consent
Roads
3 Permitted with consent
Aquaculture; The purpose shown on the State Environmental Planning Policy (Activation Precincts) 2020 Parkes Activation Precinct Land Zoning Map, including any development that is ordinarily incidental or ancillary to development for that purpose
4 Prohibited
Any development not specified in item 2 or 3
Part 2 Development permitted with consent
5 Solar energy farms
(1) Development for the purposes of solar energy farms is permitted with consent on land within the Parkes Activation Precinct.(2) In this clause, solar energy farm means a photovoltaic or concentrated solar power electricity generating system that—(a) is located on ground level and is ground-mounted, and(b) has a capacity to generate 1 megawatt or more.
6 Thermal electricity generating works
(1) The Planning Secretary is the consent authority for development for the purposes of thermal electricity generating works on land within the Regional Enterprise Zone.(2) Development consent must not be granted for development for the purposes of thermal electricity generating works unless the consent authority is satisfied that the development is consistent with the NSW Energy from Waste Policy Statement published by the Environment Protection Authority in January 2015.(3) Development for the purposes of thermal electricity generating works on land within the Regional Enterprise Zone is not State significant development.(4) In this clause—excluded waste means hazardous waste, restricted solid waste, liquid waste or special waste (all within the meaning of Schedule 1 to the Protection of the Environment Operations Act 1997).thermal electricity generating works means electricity generating works that process waste (other than excluded waste) by thermal treatment for the purposes of generating electricity.thermal treatment has the same meaning as in Schedule 1 to the Protection of the Environment Operations Act 1997 but does not include incineration.
Part 3 Exempt and complying development
Division 1 General
7 Exempt and Complying Development SEPP does not apply to land in Parkes Activation Precinct
State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 does not apply to land in the Parkes Activation Precinct, except as provided by clause 9(1).
8 Complying development
(1) Development that is permitted with development consent on land within the Parkes Activation Precinct is complying development if the development is carried out in compliance with the development standards specified in this clause.(2) Despite subclause (1), development for the purposes of electricity generating works (including thermal electricity generating works within the meaning of clause 6) is not complying development.(3) To be complying development, the development must—(a) meet the relevant provisions of the Building Code of Australia, and(b) in the case of development other than for the purposes of environmental protection works or recreation areas—not be carried out on land identified as within an environmentally sensitive area on the State Environmental Planning Policy (Activation Precincts) 2020 Parkes Activation Precinct Environmentally Sensitive Areas Map, and(c) not be carried out on land on which a heritage item or Aboriginal object is located or that is within a heritage conservation area or Aboriginal place of heritage significance, and(d) not be for the purpose of remediation work within the meaning of State Environmental Planning Policy No 55—Remediation of Land, and(e) not be carried out in a pipeline corridor.
Division 2 Exempt development
9 Exempt development
(1) Clauses 2.54A, 2.54B, 2.77, 2.78, 2.78E, 2.78F, 2.109–2.112 and 2.117–2.124 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 apply to land within the Parkes Activation Precinct.(2) Development specified in those clauses is exempt development if—(a) it is exempt development for the purposes of that Policy, and(b) it is not on land identified as within an environmentally sensitive area on the State Environmental Planning Policy (Activation Precincts) 2020 Parkes Activation Precinct Environmentally Sensitive Areas Map.(3) Development specified in Schedule 3 is exempt development if—(a) it meets the standards specified for that development in Schedule 3, and(b) it is not on land identified as within an environmentally sensitive area on the State Environmental Planning Policy (Activation Precincts) 2020 Parkes Activation Precinct Environmentally Sensitive Areas Map, and(c) it meets the relevant provisions of the Building Code of Australia.
Part 4 Miscellaneous
10 Additional permitted uses for particular land
(1) Development for the purposes of specialised retail premises is permitted with development consent on land identified as “Area 1” on the State Environmental Planning Policy (Activation Precincts) 2020 Parkes Activation Precinct Additional Permitted Uses Map.(2) This clause has effect despite anything to the contrary in the Land Use Table or other provision of this Schedule.
10A Preservation of trees and vegetation
(1) The objectives of this clause are as follows—(a) to preserve the amenity of the Parkes Activation Precinct through the preservation of trees and vegetation,(b) to promote the conservation of native vegetation,(c) to minimise the impact of development on native vegetation.(2) This clause applies to land identified as within an environmentally sensitive area on the State Environmental Planning Policy (Activation Precincts) 2020 Parkes Activation Precinct Environmentally Sensitive Areas Map.(3) A person must not clear native vegetation on land to which this clause applies without development consent.(4) Development consent under subclause (3) must not be granted unless the consent authority is satisfied that, in relation to the disturbance of native vegetation caused by the clearing—(a) there is no reasonable alternative available to the disturbance of the native vegetation, and(b) any impact of the proposed clearing on biodiversity values is avoided or minimised, and(c) the disturbance of the native vegetation will not increase salinity, and(d) native vegetation inadvertently disturbed for the purposes of construction will be reinstated where possible on completion of construction, and(e) the loss of remnant native vegetation caused by the disturbance will be compensated by revegetation on or near the land to avoid a net loss of remnant native vegetation, and(f) the clearing of the vegetation is unlikely to cause or increase soil erosion, salination, land slip, flooding, pollution or other adverse land or water impacts.(5) State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017 does not apply to land to which this clause applies.
11 Application of provisions of other environmental planning instruments
(1) Clauses 2.6(1), 2.7 and 2.8 of Parkes Local Environmental Plan 2012 apply to land within the Parkes Activation Precinct in the same way as they apply to land to which that Plan applies.(2) The following provisions of State Environmental Planning Policy (Infrastructure) 2007 apply to land within the Regional Enterprise Zone in the same way as they apply to land within a prescribed zone within the meaning of that Policy—(a) clause 48,(b) clauses 94 and 95A,(c) clause 106 (other than clause 106(2A) and (3A)(a)),(d) clause 125 (in respect of land within Regional Enterprise Zone).Note—State Environmental Planning Policy (Infrastructure) 2007 applies to land within the SP2 Infrastructure Zone.
12 Existing development applications
A development application for development on land within the Parkes Activation Precinct that was lodged before the land was part of that Precinct and that has not been finally determined is to be determined as if this Schedule had not commenced.
sch 1: Am 2021 (245), Sch 1[6]–[14].