State Environmental Planning Policy (Precincts—Regional) 2021



Chapter 1 Preliminary
1.2   Commencement
This Policy commences on 1 March 2022 and is required to be published on the NSW legislation website.
1.3   Definitions
In this Policy—
Note—
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Policy.
1.4   Transferred provisions
The Interpretation Act 1987, section 30A is taken to apply to the provisions transferred to this Policy on the commencement of this Policy in the same way as it applies to provisions transferred from a statutory rule to another statutory rule.
Note—
The Interpretation Act 1987, section 30A provides—
(a)  the transfer of a provision does not affect the operation or meaning of the provision, and
(b)  a transferred provision is to be construed as if it had not been transferred.
Chapter 2 State significant precincts
Part 2.1 Preliminary
2.1   Aims of Chapter
The aims of this Chapter are as follows—
(a)  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,
(b)  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.
2.2   Application of Policy—transitional Part 3A projects
(1)  On the repeal of Part 3A of the Act, this Chapter 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 Chapter, and the other amendments made to this Chapter, by the State Environmental Planning Policy (State and Regional Development) 2011 do not affect any of the following—
(a)  the declaration under this Chapter 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.
(3)  Particular development is not a transitional Part 3A project if—
(a)  another provision of this Chapter or a provision of another environmental planning instrument, whether made before or after this Chapter takes effect, provides that the particular development is exempt or complying development, and
(c)  the particular development is not carried out as part of or in conjunction with other development that is a transitional Part 3A project.
2.3   Definitions and key concepts
(1)  In this Chapter—
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.
Note—
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Chapter.
(2)  Words and expressions used in this Chapter have the same meaning as they have in Schedule 6A to the Act.
(3)  Notes included in this Chapter do not form part of this Chapter.
2.4   Maps
(1)  A reference in this Chapter to a named map adopted by this Chapter 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 Chapter 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 Chapter, a map may be in, and may be kept and made available in, electronic or paper form, or both.
2.5   Land to which Chapter applies
This Chapter applies to the State.
2.6   Relationship to other environmental planning instruments
Subject to section 74(1) of the Act, in the event of an inconsistency between this Chapter and another environmental planning instrument whether made before or after the commencement of this Chapter, this Chapter prevails to the extent of the inconsistency.
Part 2.2 State significant precincts
2.7   State significant precincts
(1)  Each Appendix to this Chapter describes a State significant precinct.
(2)  The provisions in an Appendix to this Chapter relating to the carrying out of development on a State significant precinct have effect.
2.8   Guidelines for proposals for State significant precinct listing
(1)  The Minister may publish guidelines for proposals to amend an Appendix to this Chapter.
(2)  This section does not preclude an amendment of an Appendix to this Chapter without compliance with those guidelines.
Chapter 3 Activation Precincts
Part 3.1 Preliminary
3.1   Aims of Chapter
The aim of this Chapter 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.
3.2   Definitions
(1)  In this Chapter—
Activation Precinct means land declared to be an Activation Precinct by this Chapter.
delivery plan for an Activation Precinct means a delivery plan for the Precinct that is approved by the Planning Secretary under section 3.7.
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 section 3.6.
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.
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.
Note—
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Chapter.
(2)  A word or expression used in this Chapter 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 Chapter.
(3)  Notes included in this Chapter do not form part of this Chapter.
s 3.2: Am 2022 (48), Sch 1[1].
3.3   Land to which Chapter applies
This Chapter applies to land within an Activation Precinct.
3.4   Relationship with other environmental planning instruments
(1)  In the event of an inconsistency between this Chapter and another environmental planning instrument, whether made before or after the commencement of this Chapter, this Chapter prevails to the extent of the inconsistency.
(2)  A local environmental plan does not apply to land within an Activation Precinct.
(3)  State Environmental Planning Policy (Planning Systems) 2021, Chapter 2 does not apply to land within an Activation Precinct.
s 3.4: Am 2022 (48), Sch 1[2].
3.5   Maps
(1)  A reference in this Chapter to a named map adopted by this Chapter 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 Chapter to the named map is a reference to the relevant part or aspect of the single map.
(4)  The maps adopted by this Chapter are to be kept and made available for public access in accordance with arrangements approved by the Minister.
(5)  For the purposes of this Chapter, a map may be in, and may be kept and made available in, electronic or paper form, or both.
Part 3.2 Master plans and delivery plans
3.6   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 Chapter.
(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.
3.7   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.
(6)  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.
(7)  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.
3.8   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 3.3 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
3.9   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, issuing authority 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.
3.10   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)  Before determining an application, the issuing authority may request that an applicant—
(a)  modify the application to make it consistent with the master plan and delivery plan for the land, or
(b)  provide additional information about the development that the issuing authority considers necessary to properly consider the application.
(4A)  The request must specify a reasonable period within which the applicant must modify the application or provide the information.
(4B)  The period between the issuing authority’s request and the earlier of the following is not to be counted towards the 30-day period specified in subsection (2)—
(a)  the day on which the applicant modifies the application or provides the information,
(b)  the day on which the applicant notifies the issuing authority that the applicant will not modify the application or provide the information,
(c)  the end of the period specified under subsection (4A).
(5)  The issuing authority must provide its reasons for refusing to issue an Activation Precinct certificate.
(6)  Sections 3.11 and 3.12 of State Environmental Planning Policy No 33—Hazardous and Offensive Development and section 4.6 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—
(7)  For the purposes of subsection (6), any reference in those sections 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.
s 3.10: Am 2022 (48), Sch 1[3].
3.11   Activation Precinct certificates for complying development involving potentially hazardous or offensive industry
(1)  This section 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 section 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 subsection (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 section 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 section—
potentially hazardous industry and potentially offensive industry have the same meanings as in State Environmental Planning Policy No 33—Hazardous and Offensive Development.
3.12   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
3.13   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 section—
electricity supply authority has the same meaning as in Part 2.3, Division 5 of State Environmental Planning Policy (Infrastructure) 2007.
3.14   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 section—
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.
3.15   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 subsection (1)(b) even if it is separated from the rail corridor by a road or road related area.
(3)  In this section—
level crossing means a level crossing over railway lines.
rail authority for a rail corridor has the same meaning as in State Environmental Planning Policy (Infrastructure) 2007, Part 2.3, Division 15.
rail corridor has the same meaning as in State Environmental Planning Policy (Infrastructure) 2007, Part 2.3, Division 15.
road related area has the same meaning as in the Road Transport Act 2013.
3.16   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.
Chapter 4 Kosciuszko National Park and alpine resorts
Part 4.1 Preliminary
4.1   Aim and objectives of Policy
(1)  The aim of this Chapter is to protect and enhance the natural environment of the alpine resorts, in the context of Kosciuszko National Park, by ensuring that development in those resorts is managed in a way that has regard to the principles of ecologically sustainable development (including the conservation and restoration of ecological processes, natural systems and biodiversity).
(2)  The objectives of this Chapter are as follows—
(a)  to encourage the carrying out of a range of development in the alpine resorts (including the provision of services, facilities and infrastructure, and economic and recreational activities) that do not result in adverse environmental, social or economic impacts on the natural or cultural environment of land to which this Chapter applies,
(b)  to put in place planning controls that contribute to and facilitate the carrying out of ski resort development in Kosciuszko National Park that is ecologically sustainable in recognition of the fact that this development is of State and regional significance,
(c)  to minimise the risk to the community of exposure to environmental hazards, particularly geotechnical hazards, bush fire and flooding, by generally requiring development consent on land to which this Chapter applies.
4.2   Land to which Chapter applies
This Chapter applies to the land shown edged heavy black on the Land Application Map.
Note—
This Chapter applies to part of Kosciuszko National Park, and to Kosciuszko Road and the Alpine Way. The part of Kosciuszko National Park to which this Chapter applies is the land described as the ski resort area in Part 8A of Schedule 6 to the Act.
4.3   Definitions
The Dictionary at the end of this Chapter defines words and expressions for the purposes of this Chapter.
4.4   References to alpine resorts
A reference in this Chapter—
(a)  to Thredbo Alpine Resort is a reference to the land shown edged heavy black on the map marked “State Environmental Planning Policy (Kosciuszko National Park—Alpine Resorts) 2007—Thredbo Alpine Resort”, or
(b)  to Perisher Range Alpine Resort is a reference to the land shown edged heavy black on the map marked “State Environmental Planning Policy (Kosciuszko National Park—Alpine Resorts) 2007—Perisher Range Alpine Resort”, or
(c)  to Bullocks Flat Terminal is a reference to the land shown edged heavy black on the map marked “State Environmental Planning Policy (Kosciuszko National Park—Alpine Resorts) 2007—Bullocks Flat Terminal”, or
(d)  to Mount Selwyn Alpine Resort is a reference to the land shown edged heavy black on the map marked “State Environmental Planning Policy (Kosciuszko National Park—Alpine Resorts) 2007—Mount Selwyn Alpine Resort”, or
(e)  to Charlotte Pass Alpine Resort is a reference to the land shown edged heavy black on the map marked “State Environmental Planning Policy (Kosciuszko National Park—Alpine Resorts) 2007—Charlotte Pass Alpine Resort”, or
(f)  to Kosciuszko Mountain Retreat Alpine Resort is a reference to the land identified as being in that Alpine Resort, and shown edged heavy black, on the map marked “State Environmental Planning Policy (Kosciuszko National Park—Alpine Resorts) 2007—Minor Alpine Resorts”, or
(g)  to Sponars Chalet Alpine Resort is a reference to the land identified as being in that Alpine Resort, and shown edged heavy black, on the map marked “State Environmental Planning Policy (Kosciuszko National Park—Alpine Resorts) 2007—Minor Alpine Resorts”, or
(h)  to Ski Rider Alpine Resort is a reference to the land identified as being in that Alpine Resort, and shown edged heavy black, on the map marked “State Environmental Planning Policy (Kosciuszko National Park—Alpine Resorts) 2007—Minor Alpine Resorts”.
4.5   Notes
Notes in this Chapter are provided for guidance and do not form part of this Chapter.
4.6   Consent authority
The consent authority for the purposes of this Chapter is the Minister.
Note—
Clause 32C(2)(a) of Schedule 6 to the Act makes the Minister the consent authority for all development applications relating to the land in a ski resort area.
4.7   Maps
(1)  A reference in this Chapter to a named map adopted by this Chapter is a reference to a map by that name—
(a)  approved by the Minister when the map is adopted, and
(b)  as amended from time to time by maps declared by environmental planning instruments to amend 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 Chapter 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.
Note—
The maps adopted by this Chapter are as follows—
(a)  the Land Application Map,
(b)  the maps referred to in section 4.4 (References to alpine resorts).
4.8   Application of other environmental planning instruments
The following environmental planning instruments do not apply to land to which this Chapter applies and are amended as set out in Schedule 1—
Part 4.2 Permitted or prohibited development
4.9   Land Use Table
(1)  The Table at the end of this Part specifies for each alpine resort—
(a)  development that may be carried out without consent, and
(b)  development that may be carried out with consent, and
(c)  development that is prohibited.
(2)  In the 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 Chapter) a reference to a type of building or other thing referred to separately in the Table in relation to the same alpine resort.
(3)  This section is subject to the other provisions of this Chapter.
4.10   Demolition
Demolition may be carried out on land to which this Chapter applies, but only with consent.
4.11   Subdivision
(1)  Land to which this Chapter applies may be subdivided, but only with consent.
(2)  However, consent is not required for a subdivision for the purpose only of any one or more of the following—
(a)  widening a public road,
(b)  making an adjustment to a boundary between lots, being an adjustment that does not involve the creation of a greater number of lots,
(c)  a consolidation of lots that does not create additional lots,
(d)  rectifying an encroachment on a lot,
(e)  excising from a lot land that is, or is intended to be, used for public purposes, including drainage purposes, rural fire brigade or other emergency service purposes or public conveniences.
4.12   Matters to be considered by consent authority
Note—
This section provides for matters for consideration in addition to those provided for by section 4.15 of the Act. The consent authority is also required to take into account recovery plans and threat abatement plans under the Threatened Species Conservation Act 1995. (See sections 69 and 86 of that Act.)
(1)  In determining a development application that relates to land to which this Chapter applies, the consent authority must take into consideration any of the following matters that are of relevance to the proposed development—
(a)  the aim and objectives of this Chapter, as set out in section 4.1,
(b)  the extent to which the development will achieve an appropriate balance between the conservation of the natural environment and any measures to mitigate environmental hazards (including geotechnical hazards, bush fires and flooding),
(c)  having regard to the nature and scale of the development proposed, the impacts of the development (including the cumulative impacts of development) on the following—
(i)  the capacity of existing transport to cater for peak days and the suitability of access to the alpine resorts to accommodate the development,
(ii)  the capacity of the reticulated effluent management system of the land to which this Chapter applies to cater for peak loads generated by the development,
(iii)  the capacity of existing waste disposal facilities or transfer facilities to cater for peak loads generated by the development,
(iv)  the capacity of any existing water supply to cater for peak loads generated by the development,
(d)  any statement of environmental effects required to accompany the development application for the development,
Note—
This Chapter applies to land that is in the ski resort area described in clause 32A of Schedule 6 to the Act and certain other land. Regulations made under the Act set out requirements relating to the preparation of the statement of environmental effects required to accompany a development application.
(e)  if the consent authority is of the opinion that the development would significantly alter the character of the alpine resort—an analysis of the existing character of the site and immediate surroundings to assist in understanding how the development will relate to the alpine resort,
(f)  the Geotechnical Policy—Kosciuszko Alpine Resorts (2003, Department of Infrastructure, Planning and Natural Resources) and any measures proposed to address any geotechnical issues arising in relation to the development,
(g)  if earthworks or excavation works are proposed—any sedimentation and erosion control measures proposed to mitigate any adverse impacts associated with those works,
(h)  if stormwater drainage works are proposed—any measures proposed to mitigate any adverse impacts associated with those works,
(i)  any visual impact of the proposed development, particularly when viewed from the Main Range,
(j)  the extent to which the development may be connected with a significant increase in activities, outside of the ski season, in the alpine resort in which the development is proposed to be carried out,
(k)  if the development involves the installation of ski lifting facilities and a development control plan does not apply to the alpine resort—
(i)  the capacity of existing infrastructure facilities, and
(ii)  any adverse impact of the development on access to, from or in the alpine resort,
(l)  if the development is proposed to be carried out in Perisher Range Alpine Resort—
(i)  the document entitled Perisher Range Resorts Master Plan, as current at the commencement of this Chapter, that is deposited in the head office of the Department, and
(ii)  the document entitled Perisher Blue Ski Resort Ski Slope Master Plan, as current at the commencement of this Chapter, that is deposited in the head office of the Department,
(m)  if the development is proposed to be carried out on land in a riparian corridor—
(i)  the long term management goals for riparian land, and
(ii)  whether measures should be adopted in the carrying out of the development to assist in meeting those goals.
(2)  The long term management goals for riparian land are as follows—
(a)  to maximise the protection of terrestrial and aquatic habitats of native flora and native fauna and ensure the provision of linkages, where possible, between such habitats on that land,
(b)  to ensure that the integrity of areas of conservation value and terrestrial and aquatic habitats of native flora and native fauna is maintained,
(c)  to minimise soil erosion and enhance the stability of the banks of watercourses where the banks have been degraded, the watercourses have been channelised, pipes have been laid and the like has occurred.
(3)  A reference in this section to land in a riparian corridor is a reference to land identified as being in such a corridor on a map referred to in section 4.4.
4.13   Additional matters to be considered for buildings
(1) Building height In determining a development application for the erection of a building on land, the consent authority must take into consideration the proposed height of the building (where relevant) and the extent to which that height—
(a)  has an impact on the privacy of occupiers and users of other land, and
(b)  limits solar access to places in the public domain where members of the public gather or to adjoining or nearby land, and
(c)  has an impact on views from other land, and
(d)  if the building is proposed to be erected in Thredbo Alpine Resort—has a visual impact when viewed from the Alpine Way, and
(e)  if the building is proposed to be erected in Perisher Range Alpine Resort—needs to be limited so as to assist in maintaining the skyline when viewed from Kosciuszko Road and any other public roads, and
(f)  if the building is proposed to be erected in an alpine resort other than Thredbo Alpine Resort or Perisher Range Alpine Resort—is similar to existing buildings in the resort where it is proposed to be erected, and
(g)  if the building is proposed to be erected in Bullocks Flat Terminal—relates to the topography of its site.
(2) Building setback In determining a development application for the erection of a building on land, the consent authority must take into consideration the proposed setback of the building (where relevant) and the extent to which that setback—
(a)  assists in providing adequate open space to complement any commercial use in the alpine resort concerned, and
(b)  assists in achieving high quality landscaping between the building and other buildings, and
(c)  has an impact on amenity, particularly on view corridors at places in the public domain where members of the public gather, and
(d)  is adequate for the purposes of fire safety, and
(e)  will enable site access for pedestrians, services (including stormwater drainage and sewerage services) and the carrying out of building maintenance, and
(f)  will facilitate the management of accumulated snow.
(3) Landscaped area In determining a development application for the erection of a building on land, the consent authority must take into consideration (where relevant) the extent to which landscaping should be used—
(a)  as a means of assisting in the protection of the unique alpine environment of the alpine resort concerned, and to maximise its natural visual amenity, for the benefit of visitors and natural ecosystems, and
(b)  to assist in the provision of adequate open space to complement any commercial use in the alpine resort concerned, and
(c)  to limit the apparent mass and bulk of the building, and
(d)  as an amenity protection buffer between the proposed building and other buildings, and
(e)  as a means of reducing run-off, and
(f)  to protect significant existing site features and limit the area of any site disturbed during and after the carrying out of development.
4.14   Additional matters to be considered for subdivision
Consent must not be granted to the subdivision of land unless the consent authority is satisfied that—
(a)  to the fullest extent practicable, lot boundaries follow ecological, catchment, topographical or other natural boundaries in the vicinity (if any) so as to facilitate the long-term protection of biodiversity values and conservation management, and
(b)  if it is proposed that the land be built on—the land is not subject to flooding or geotechnical risks or is otherwise unsuitable for building purposes, and
(c)  the subdivision will (to the extent relevant) achieve the most efficient use of existing public utility services (such as water supply and sewerage services), and
(d)  the subdivision will not have any significant adverse impact on any of the following plant communities on land identified as containing such a plant community in any Figure (other than Figures 1 and 11) in the Kosciuszko Resorts Vegetation Assessment—
(i)  feldmark,
(ii)  short alpine herbfield,
(iii)  snowpatch.
Note—
Under Part 8A of the National Parks and Wildlife Act 1974, it is an offence to gather, pluck, cut, pull up, destroy, poison, take, dig up, remove or injure a plant or any part of a plant that is of, or is part of, a threatened species, endangered population or endangered ecological community (as identified by the Threatened Species Conservation Act 1995).
Any change to the boundary of a lease granted under Part 12 of the National Parks and Wildlife Act 1974 requires the approval of the Minister administering that Act.
4.15   Development applications to be referred to Department of Environment and Climate Change
(1)  The consent authority must, within 7 days of the lodgment of a development application that relates to land to which this Chapter applies, refer the application to the Director-General of the Department of Environment and Climate Change for the comment of that Director-General (including in relation to the application of the National Parks and Wildlife Act 1974 to the proposed development).
(2)  Before determining any application referred under subsection (1), the consent authority must consider any comments of the Director-General of the Department of Environment and Climate Change in relation to the application that are received by the consent authority within 28 days after that referral.
(3)  The Director-General of the Department of Planning and the Director-General of the Department of Environment and Climate Change may from time to time make agreements or arrangements as to the circumstances in which development applications need not be referred under subsection (1).
(4)  Despite subsection (1), a development application need not be referred to the Director-General of the Department of Environment and Climate Change if any such agreement or arrangement provides that any such development application need not be referred.
4.16   Plan of management under National Parks and Wildlife Act 1974
(1)  Consent to a development application may be granted under this Chapter even though the application has not established that the development is consistent with a plan of management for Kosciuszko National Park adopted under the National Parks and Wildlife Act 1974.
(2)  Nothing in this section prevents the consent authority from refusing to grant consent to a development application on the basis that the development is not consistent with such a plan of management.
Note—
Under section 81(4) of the National Parks and Wildlife Act 1974, operations on land to which a plan of management under that Act applies may be undertaken only if they are undertaken in accordance with the plan of management, despite any other Act or any instrument made under an Act.
Land Use Table
Thredbo Alpine Resort
1   Permitted without consent
Nil
2   Permitted with consent
Advertisements; Building identification signs; Business identification signs; Car parking; Commercial premises (other than brothels and workshops); Community facilities; Conference facilities; Educational establishments; Emergency services facilities; Entertainment facilities; Fences; Food outlets; Health profession consulting rooms; Helipads; Infrastructure facilities; Lifting facilities; Management trails; Medical centres; Places of public worship; Public utility undertakings; Recreation facilities; Recreation infrastructure; Shops; Ski slope huts; Ski slopes; Snow-making infrastructure; Stream flow monitoring stations; Telecommunications facilities; Tourist accommodation; Transport facilities; Vehicle repair stations; Weather stations
3   Prohibited
Any development not otherwise specified in item 1 or 2
Perisher Range Alpine Resort
1   Permitted without consent
Nil
2   Permitted with consent
Advertisements; Building identification signs; Business identification signs; Car parking; Commercial premises (other than brothels and workshops); Community facilities; Conference facilities; Educational establishments; Emergency services facilities; Entertainment facilities; Fences; Food outlets; Health profession consulting rooms; Helipads; Infrastructure facilities; Lifting facilities; Management trails; Medical centres; Places of public worship; Public utility undertakings; Recreation facilities; Recreation infrastructure; Shops; Ski slope huts; Ski slopes; Snow-making infrastructure; Stream flow monitoring stations; Telecommunications facilities; The Skitube; Tourist accommodation; Transport facilities; Vehicle repair stations; Weather stations
3   Prohibited
Any development not otherwise specified in item 1 or 2
Bullocks Flat Terminal
1   Permitted without consent
Nil
2   Permitted with consent
Advertisements; Building identification signs; Business identification signs; Camping grounds; Car parking; Commercial premises (other than brothels and workshops); Community facilities; Conference facilities; Educational establishments; Emergency services facilities; Entertainment facilities; Food outlets; Health profession consulting rooms; Helipads; Infrastructure facilities; Management trails; Medical centres; Places of public worship; Public utility undertakings; Recreation facilities; Recreation infrastructure; Shops; Telecommunications facilities; The Skitube; Transport facilities; Vehicle repair stations
3   Prohibited
Any development not otherwise specified in item 1 or 2
Mount Selwyn Alpine Resort
1   Permitted without consent
Nil
2   Permitted with consent
Advertisements; Building identification signs; Business identification signs; Car parking; Commercial premises (other than brothels, conference facilities, entertainment facilities, health profession consulting rooms, recreation facilities, tourist accommodation and workshops); Community facilities; Educational establishments; Emergency services facilities; Fences; Food outlets; Helipads; Infrastructure facilities; Lifting facilities; Management trails; Medical centres; Public utility undertakings; Recreation infrastructure; Shops; Ski slope huts; Ski slopes; Snow-making infrastructure; Staff accommodation; Stream flow monitoring stations; Telecommunications facilities; Transport facilities; Vehicle repair stations; Weather stations
3   Prohibited
Any development not otherwise specified in item 1 or 2
Charlotte Pass Alpine Resort
1   Permitted without consent
Nil
2   Permitted with consent
Advertisements; Building identification signs; Business identification signs; Car parking; Commercial premises (other than brothels and workshops); Community facilities; Conference facilities; Educational establishments; Emergency services facilities; Entertainment facilities; Fences; Food outlets; Health profession consulting rooms; Helipads; Infrastructure facilities; Lifting facilities; Management trails; Medical centres; Places of public worship; Public utility undertakings; Recreation facilities; Recreation infrastructure; Shops; Ski slope huts; Ski slopes; Snow-making infrastructure; Stream flow monitoring stations; Telecommunications facilities; Tourist accommodation; Transport facilities; Vehicle repair stations; Weather stations
3   Prohibited
Any development not otherwise specified in item 1 or 2
Kosciuszko Mountain Retreat Alpine Resort
1   Permitted without consent
Nil
2   Permitted with consent
Advertisements; Building identification signs; Business identification signs; Camping grounds; Community facilities; Conference facilities; Educational establishments; Infrastructure facilities; Management trails; Public utility undertakings; Recreation infrastructure; Telecommunications facilities; Tourist accommodation (other than hotels)
3   Prohibited
Any development not otherwise specified in item 1 or 2
Sponars Chalet Alpine Resort
1   Permitted without consent
Nil
2   Permitted with consent
Advertisements; Building identification signs; Business identification signs; Conference facilities; Infrastructure facilities; Lifting facilities; Management trails; Public utility undertakings; Recreation infrastructure; Telecommunications facilities; Tourist accommodation
3   Prohibited
Any development not otherwise specified in item 1 or 2
Ski Rider Alpine Resort
1   Permitted without consent
Nil
2   Permitted with consent
Advertisements; Building identification signs; Business identification signs; Conference facilities; Infrastructure facilities; Management trails; Public utility undertakings; Recreation infrastructure; Telecommunications facilities; Tourist accommodation
3   Prohibited
Any development not otherwise specified in item 1 or 2
Part 4.3 Exempt development
4.17   Exempt development
Note—
Under section 4.1 of the Act, exempt development may be carried out without the need for development consent under Part 4 of the Act or for assessment under Part 5 of the Act.
The section states that exempt development—
(a)  must be of minimal environmental impact, and
(b)  cannot be carried out in critical habitat of an endangered species, population or ecological community (identified under the Threatened Species Conservation Act 1995 or the Fisheries Management Act 1994), and
(c)  cannot be carried out in a wilderness area (identified under the Wilderness Act 1987).
Specifying a type of development as exempt development does not authorise the contravention of any condition of development consent, or any lease or licence under the National Parks and Wildlife Act 1974, applying to the land on which the exempt development is carried out. Nor does it authorise the contravention of any other law that may apply, including the prohibitions set out in Part 8A (Threatened species, populations and ecological communities, and their habitats, and critical habitat) of the National Parks and Wildlife Act 1974.
(1)  The objective of this section is to identify development of minimal environmental impact as exempt development.
(2)  Development specified in Schedule 2 that meets the requirements for the development contained in that Schedule, and that complies with the requirements of this section, is exempt development.
(3)  To be exempt development, the development—
(a)  must meet the relevant deemed-to-satisfy provisions of the Building Code of Australia, and
(b)  must not, if it relates to an existing building, cause the building to contravene the Building Code of Australia, and
(c)  must not be designated development, and
(d)  must not be carried out on land that comprises, or on which there is, a heritage item that is listed on the State Heritage Register under the Heritage Act 1977 or that is subject to an interim heritage order under the Heritage Act 1977, and
(e)  must not be carried out on land that is an Aboriginal place within the meaning of the National Parks and Wildlife Act 1974 or that is shown coloured pink or blue in figure 6.1 of Perisher Range Resorts Environmental Study (October 2002), prepared by Connell Wagner Pty Ltd for the National Parks and Wildlife Service.
(4)  Development that relates to an existing building that is classified under the Building Code of Australia as class 1b or class 2–9 is not exempt development unless—
(a)  the building has a current fire safety certificate or fire safety statement, or
(b)  no fire safety measures are currently implemented, required or proposed for the building.
(5)  Development is not exempt development if the development involves damage to any plant that is part of any of the following plant communities on land identified as containing such a plant community in any Figure (other than Figures 1 and 11) in the Kosciuszko Resorts Vegetation Assessment—
(a)  feldmark,
(b)  short alpine herbfield,
(c)  snowpatch.
(6)  In this section—
damage, in relation to a plant, means the ringbarking, cutting down, topping, lopping, slashing, trimming, removing, poisoning, injury or wilful destruction of the plant.
Part 4.4 Miscellaneous provisions
Division 1 Provisions applying to particular land
4.18   Development on Kosciuszko Road and Alpine Way
Consent may be granted to development for the purpose of roads, car parking, infrastructure facilities or advertisements on the land in the lots described in Schedule 16 to the National Parks and Wildlife Act 1974.
4.19   Development on site of Blue Cow terminal building
(1)  This section applies to land identified as being the site of the Blue Cow terminal building on the map marked “State Environmental Planning Policy (Kosciuszko National Park—Alpine Resorts) 2007—Perisher Range Alpine Resort”.
(2)  Development for the purposes of any of the following may be carried out with consent on land to which this section applies—
(a)  advertisements,
(b)  building identification signs,
(c)  business identification signs,
(d)  commercial premises (other than workshops),
(e)  community facilities,
(f)  conference facilities,
(g)  educational establishments,
(h)  emergency service facilities,
(i)  entertainment facilities,
(j)  food outlets,
(k)  health profession consulting rooms,
(l)  infrastructure facilities,
(m)  lifting facilities,
(n)  management trails,
(o)  medical centres,
(p)  recreation facilities,
(q)  recreation infrastructure,
(r)  shops,
(s)  the Skitube,
(t)  snow-making infrastructure,
(u)  telecommunications facilities,
(v)  transport facilities,
(w)  vehicle repair stations.
(3)  Any development not allowed by this section or by section 4.10 (Demolition), 4.11 (Subdivision), 4.12 (Exempt development) or 4.23 (Development by Crown or public authorities) is prohibited on land to which this section applies.
4.20   Development in vicinity of Kangaroo Ridgeline
(1)  This section applies to the land identified as being in Kangaroo Ridgeline on the map marked “State Environmental Planning Policy (Kosciuszko National Park—Alpine Resorts) 2007—Charlotte Pass Alpine Resort”.
(2)  Development for the purposes of any of the following may be carried out with consent on land to which this section applies—
(a)  management trails,
(b)  recreation infrastructure,
(c)  slope grooming.
(3)  Any development not allowed by this section or by section 4.10 (Demolition), 4.11 (Subdivision), 4.12 (Exempt development) or 4.23 (Development by Crown or public authorities) is prohibited on land to which this section applies.
4.21   Classified roads
(1)  The objectives of this section are—
(a)  to ensure that new development does not compromise the effective and ongoing operation and function of classified roads (within the meaning of the Roads Act 1993), and
(b)  to prevent or reduce the potential impact of traffic noise and vehicle emissions on development adjacent to classified roads.
(2)  Consent must not be granted to the development of land that has a frontage to a classified road unless the consent authority is satisfied that—
(a)  where practicable, vehicular access to the land is provided by a road other than the classified road, and
(b)  the safety, efficiency and ongoing operation of the classified road will not be adversely affected by the proposed development as a result of—
(i)  the design of the vehicular access to the land, or
(ii)  the emission of smoke or dust from the proposed development, or
(iii)  the nature, volume or frequency of vehicles using the classified road to gain access to the land, and
(c)  the development is of a type that is not sensitive to traffic noise or vehicle emissions, or is appropriately located and designed, or includes measures, to ameliorate potential traffic noise or vehicle emissions within the site of the proposed development.
4.22   Flood prone land
(1)  Consent must not be granted to the subdivision of, or the erection of a building or the carrying out of a work on, land that, in the opinion of the consent authority, is prone to flooding unless the consent authority has considered the NSW Government’s Floodplain Development Manual: the management of flood liable land (April 2005, ISBN 0 7347 5476 0).
(2)  Consent must not be granted to any development (other than the carrying out of flood mitigation works or the installation of drains) on land that, in the opinion of the consent authority, would be inundated as a result of a 1 in 100 year flood level if the consent authority is of the opinion that the development will, or is likely to—
(a)  significantly adversely affect—
(i)  potential flood behaviour, including the flood peak at any point upstream or downstream of the development, or
(ii)  the flow of floodwater on land adjoining the development, or
(b)  significantly increase the potential for flooding that damages property or otherwise adversely affects the community, or
(c)  cause significant erosion, siltation or destruction of riverbank vegetation in the locality of the development, or
(d)  significantly adversely affect riverbank stability, or
(e)  significantly adversely affect the safety of occupiers or users of land on which the development is proposed to be carried out, or
(f)  significantly restrict the capacity of a floodway, or
(g)  significantly increase the risk to the personal safety of emergency services and rescue personnel.
(3)  In this section—
floodway means the area of a floodplain onto which a significant discharge of water occurs during floods, being an area that may be aligned with a naturally defined channel and that, even if partially blocked, would cause a significant redistribution of flood flow or a significant increase in flood levels.
Division 2 Other
4.23   Development by Crown or public authorities
(1)  Development carried out on land to which this Chapter applies by or on behalf of the Crown or a public authority (including Snowy Hydro Limited) does not require consent.
(2)  Despite subsection (1), development for the purposes of any of the following (other than development carried out by or on behalf of Snowy Hydro Limited) requires consent—
(a)  water storage dams (including artificial reservoirs, tanks and ponds),
(b)  sewage treatment works,
(c)  waste management facilities.
(3)  A reference in this Chapter to the carrying out of development for the purpose of—
(a)  water storage dams (including artificial reservoirs, tanks and ponds) does not include a reference to the installation or use of pipelines, pumps or related infrastructure used to supply water to or from those dams, and
(b)  sewage treatment works does not include a reference to the use of pipelines, pumps or related infrastructure used to convey sewage to, or any output from, those works.
4.24   Heritage conservation
(1) Objectives The objectives of this section are as follows—
(a)  to conserve the environmental heritage of the land to which this Chapter applies, and
(b)  to conserve the heritage significance of heritage items, including associated fabric, settings and views.
(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) by 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 land that is or contains a heritage item referred to in Part 2 of Schedule 3,
(e)  erecting a building on land that is a heritage item or on which a heritage item is located,
(f)  subdividing land that is a heritage item or on which a heritage item is located.
(3) When consent not required However, consent under this section is not required if—
(a)  the applicant has notified the consent authority of the proposed development and the consent authority has advised the applicant in writing before any work is carried out that it is satisfied that the proposed development—
(i)  is of a minor nature, or is for the maintenance of the heritage item, and
(ii)  the proposed development would not adversely affect the heritage significance of the heritage item, 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, or
(d)  the development is development that, under section 4.23 (Development by Crown or public authorities), does not require consent.
(4) Effect on heritage significance The consent authority must, before granting consent under this section, consider the effect of the proposed development on the heritage significance of the heritage item concerned. This subsection applies regardless of whether a heritage impact statement is prepared under subsection (5) or a heritage conservation management plan is submitted under subsection (6).
Note—
The website of the Heritage Branch of the Department of Planning has publications that provide guidance on assessing the impact of proposed development on the heritage significance of items (for example, Statements of Heritage Impact).
(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)  that is a heritage item, or
(c)  within the vicinity of land referred to in paragraph (a) or (b),
require 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.
(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 section.
(7) Items of Aboriginal heritage significance The consent authority must, before granting consent under this section to the carrying out of development on land that is, or contains, a heritage item referred to in Part 2 of Schedule 3—
(a)  consider the effect of the proposed development on the heritage significance of the heritage item and, if the heritage item comprises land, any Aboriginal object known or reasonably likely to be located on the land, 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.
(8) 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 Chapter, 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.
4.25   Temporary use of land
(1)  The objective of this section 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 Chapter, 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 Chapter 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 subsection (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 subsection.
(5)  Subsection (3)(d) does not apply to the temporary use of a dwelling as a sales office mentioned in subsection (4).
4.26   Conversion of fire alarms
(1)  This section applies to a fire alarm system that can be monitored by Fire and Rescue NSW or by a private service provider.
(2)  The following development may be carried out, but only with development consent—
(a)  converting a fire alarm system from connection with the alarm monitoring system of Fire and Rescue NSW to connection with the alarm monitoring system of a private service provider,
(b)  converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with the alarm monitoring system of another private service provider,
(c)  converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with a different alarm monitoring system of the same private service provider.
(3)  Development to which subsection (2) applies is complying development if it consists only of—
(a)  internal alterations to a building, or
(b)  internal alterations to a building together with the mounting of an antenna, and any support structure, on an external wall or roof of a building so as to occupy a space of not more than 450mm × 100mm × 100mm.
(4)  A complying development certificate for any such complying development is subject to a condition that any building work may only be carried out between 7.00 am and 6.00 pm on Monday to Friday and between 7.00 am and 5.00 pm on Saturday, and must not be carried out on a Sunday or a public holiday.
(5)  In this section—
private service provider means a person or body that has entered into an agreement that is in force with Fire and Rescue NSW to monitor fire alarm systems.
Chapter 5 Gosford city centre
Part 5.1 Preliminary
Note—
The Standard Instrument (Local Environmental Plans) Order 2006 sets out matters to be included in standard local environmental plans. While this Chapter is not a standard local environmental plan, it is generally consistent with standard plans. A number of clauses from the Standard Instrument (Local Environmental Plans) Order 2006 have been included in this Chapter and the clause numbering from that order has been retained. This means that the numbering in this Chapter may contain some gaps. Additional provisions have been inserted and are numbered accordingly.
5.1   Aims of Chapter
The aims of this Chapter are as follows—
(a)  to promote the economic and social revitalisation of Gosford City Centre,
(b)  to strengthen the regional position of Gosford City Centre as a multi-functional and innovative centre for commerce, education, health care, culture and the arts, while creating a highly liveable urban space with design excellence in all elements of its built and natural environments,
(c)  to protect and enhance the vitality, identity and diversity of Gosford City Centre,
(d)  to promote employment, residential, recreational and tourism opportunities in Gosford City Centre,
(e)  to encourage responsible management, development and conservation of natural and man-made resources and to ensure that Gosford City Centre achieves sustainable social, economic and environmental outcomes,
(f)  to protect and enhance the environmentally sensitive areas and natural and cultural heritage of Gosford City Centre for the benefit of present and future generations,
(g)  to help create a mixed use place, with activity during the day and throughout the evening, so that Gosford City Centre is safe, attractive and efficient for, and inclusive of, its local population and visitors alike,
(h)  to preserve and enhance solar access to key public open spaces,
(i)  to provide direct, convenient and safe pedestrian links between Gosford City Centre and the Gosford waterfront,
(j)  to ensure that development exhibits design excellence to deliver the highest standard of architectural and urban design in Gosford City Centre.
5.2   Land to which Chapter applies
This Chapter applies to the land identified on the Land Application Map.
5.3   Definitions
The Dictionary at the end of this Chapter defines words and expressions for the purposes of this Chapter.
5.4   Notes
Notes in this Chapter are provided for guidance and do not form part of this Chapter.
5.5   Consent authority
The consent authority for the purposes of this Chapter is—
(a)  for development that has a capital investment value of less than $10 million—the Council, and
(b)  for development that has a capital investment value of not less than $10 million but not more than $75 million—
(i)  the Minister for Planning, or
(ii)  if the development has a capital investment value of not less than $40 million and the Council objects to the development—the Independent Planning Commission.
Note 1—
Development in Gosford City Centre that has a capital investment value of more than $75 million is State significant development (see Schedule 2 to State Environmental Planning Policy (State and Regional Development) 2011).
Note 2—
Certain regionally significant development that has a capital investment value of less than $10 million is determined by the relevant regional planning panel under State Environmental Planning Policy (State and Regional Development) 2011.
5.6   Maps
(1)  A reference in this Chapter to a named map adopted by this Chapter 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 or the local plan-making authority 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 Chapter 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 Chapter, a map may be in, and may be kept and made available in, electronic or paper form, or both.
Note—
The maps adopted by this Chapter are to be made available on the NSW Planning Portal.
5.7   Repeal of planning instruments applying to land
(1)  All local environmental plans and deemed environmental planning instruments applying only to the land to which this Chapter applies are repealed.
(2)  All local environmental plans and deemed environmental planning instruments applying to the land to which this Chapter applies and to other land cease to apply to the land to which this Chapter applies.
5.8   Savings provision relating to development applications
If a development application has been made before the commencement of this Chapter in relation to land to which this Chapter applies and the application has not been finally determined before that commencement, the application must be determined as if this Chapter had not commenced.
Note—
However, under Division 4B of Part 3 of the Act, a development application may be made for consent to carry out development that may only be carried out if the environmental planning instrument applying to the relevant development is appropriately amended or if a new instrument, including an appropriate principal environmental planning instrument, is made, and the consent authority may consider the application. The Division requires public notice of the development application and the draft environmental planning instrument allowing the development at the same time, or as closely together as is practicable.
5.9   Relationship to other environmental planning instruments
(1)  In the event of an inconsistency between this Chapter and another environmental planning instrument, whether made before or after this Chapter, this Chapter prevails to the extent of the inconsistency.
(2)  Despite subsection (1), State Environmental Planning Policy (State and Regional Development) 2011 prevails to the extent of any inconsistency between this Chapter and State Environmental Planning Policy (State and Regional Development) 2011.
(3)  The following State environmental planning policies (or provisions) do not apply to the land to which this Chapter applies—
5.10   Suspension of covenants, agreements and instruments
(1)  For the purpose of enabling development on land in any zone to be carried out in accordance with this Chapter 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 section does not apply—
(a)  to a covenant imposed by the Council or that the Council requires to be imposed, or
(b)  to any biodiversity certification conferred under Part 8 of the Biodiversity Conservation Act 2016, or
(c)  to any private land conservation agreement within the meaning of the Biodiversity Conservation Act 2016, or
(d)  to any relevant instrument within the meaning of section 13.4 of the Crown Land Management Act 2016, or
(e)  to the relevant provisions of a land management (native vegetation) code (and the necessary mandatory code compliant certificate) with respect to a set aside area under Part 5A of the Local Land Services Act 2013, or
(f)  to any conservation agreement within the meaning of the National Parks and Wildlife Act 1974, or
(g)  to any property vegetation plan within the meaning of the Native Vegetation Act 2003 that is continued in force by the Biodiversity Conservation (Savings and Transitional) Regulation 2017, or
(h)  to any Trust agreement within the meaning of the Nature Conservation Trust Act 2001 that is continued in force by the Biodiversity Conservation (Savings and Transitional) Regulation 2017, or
(i)  to any planning agreement within the meaning of Division 7.1 of the Act.
(3)  This section does not affect the rights or interests of any public authority under any registered instrument.
(4)  Under section 3.16 of the Act, the Governor, before the making of this section, approved of subsections (1)–(3).
Part 5.2 Permitted or prohibited development
5.11   Land use zones
The land use zones under this Chapter are as follows—
Residential Zones
R1 General Residential
Business Zones
B3 Commercial Core
B4 Mixed Use
B6 Enterprise Corridor
Special Purpose Zones
SP2 Infrastructure
Recreation Zones
RE1 Public Recreation
Waterway Zones
W2 Recreational Waterways
5.12   Zoning of land to which Chapter applies
For the purposes of this Chapter, land is within the zones shown on the Land Zoning Map.
5.13   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 Chapter) a reference to a type of building or other thing referred to separately in the Land Use Table in relation to the same zone.
(4)  This section is subject to the other provisions of this Chapter.
Notes—
1   
Schedule 5 sets out additional permitted uses for particular land.
2   
Schedule 6 sets out exempt development (which is generally exempt from both Parts 4 and 5 of the Act). Development in the land use table that may be carried out without consent is nevertheless subject to the environmental assessment and approval requirements of Part 5 of the Act.
3   
Schedule 7 sets out complying development (for which a complying development certificate may be issued as an alternative to obtaining development consent).
4   
Section 5.16 requires consent for subdivision of land.
5   
Part 5.7 contains other provisions which require consent for particular development.
5.14   Unzoned land
(1)  Development may be carried out on unzoned land only with development consent.
(2)  In deciding whether to grant development consent, the consent authority—
(a)  must consider whether the development will impact on adjoining zoned land and, if so, consider the objectives for development in the zones of the adjoining land, and
(b)  must be satisfied that the development is appropriate and is compatible with permissible land uses in any such adjoining land.
5.15   Additional permitted uses for particular land
(1)  Development on particular land that is described or referred to in Schedule 5 may be carried out—
(a)  with development consent, or
(b)  if the Schedule so provides—without development consent,
in accordance with the conditions (if any) specified in that Schedule in relation to that development.
(2)  This section has effect despite anything to the contrary in the Land Use Table or other provision of this Chapter.
5.16   Subdivision—consent requirements
(1)  Land to which this Chapter applies may be subdivided, but only with development consent.
Notes—
1   
If a subdivision is specified as exempt development in an applicable environmental planning instrument, such as this Chapter or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, the Act enables it to be carried out without development consent.
2   
Part 6 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 provides that the strata subdivision of a building in certain circumstances is complying development.
(2)  Development consent must not be granted for the subdivision of land on which a secondary dwelling is situated if the subdivision would result in the principal dwelling and the secondary dwelling being situated on separate lots, unless the resulting lots are not less than the minimum size shown on the Lot Size Map in relation to that land.
Note—
The definition of secondary dwelling in the Dictionary requires the dwelling to be on the same lot of land as the principal dwelling.
5.17   Demolition requires development consent
The demolition of a building or work may be carried out only with development consent.
Note—
If the demolition of a building or work is identified in an applicable environmental planning instrument, such as this Chapter or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, as exempt development, the Act enables it to be carried out without development consent.
5.18   Temporary use of land
(1)  The objective of this section 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 Chapter, development consent may be granted for development on land in any zone for a temporary use for a maximum period of 28 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 Chapter 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 subsection (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 subsection.
(5)  Subsection (3)(d) does not apply to the temporary use of a dwelling as a sales office mentioned in subsection (4).
Part 5.3 Land Use Table
Note—
State environmental planning policies, including the following, may be relevant to development on land to which this Chapter applies—
State Environmental Planning Policy (Transport and Infrastructure) 2021, Chapter 2—relating to infrastructure facilities, including air transport, correction, education, electricity generating works and solar energy systems, health services, ports, railways, roads, waste management and water supply systems
pt 5.3: Am 2022 (629), Sch 3.15.
Zone R1   General Residential
1   Objectives of zone
  To provide for the housing needs of the community.
  To provide for a variety of housing types and densities.
  To enable other land uses that provide facilities or services to meet the day to day needs of residents.
  To ensure that development is compatible with the desired future character of the zone.
  To promote best practice in the design of multi dwelling housing and other similar types of development.
  To ensure that non-residential uses do not adversely affect residential amenity or place demands on services beyond the level reasonably required for multi dwelling housing or other similar types of development.
2   Permitted without consent
Home occupations; Recreation areas
3   Permitted with consent
Attached dwellings; Bed and breakfast accommodation; Boarding houses; Car parks; Centre-based child care facilities; Community facilities; Dual occupancies; Dwelling houses; Group homes; Home-based child care; Hostels; Hotel or motel accommodation; Multi dwelling housing; Neighbourhood shops; Places of public worship; Residential flat buildings; Respite day care centres; Roads; Semi-detached dwellings; Seniors housing; Shop top housing
4   Prohibited
Any development not specified in item 2 or 3
Zone B3   Commercial Core
1   Objectives of zone
  To provide a wide range of retail, business, office, entertainment, community and other suitable land uses that serve the needs of the local and wider community.
  To encourage appropriate employment opportunities in accessible locations.
  To maximise public transport patronage and encourage walking and cycling.
  To strengthen the role of Gosford City Centre as the regional business, retail and cultural centre of the Central Coast.
  To encourage a diverse and compatible range of activities, including commercial and retail development, cultural and entertainment facilities, tourism, leisure and recreation facilities and social, education and health services.
  To provide for residential uses if compatible with neighbouring uses and employment opportunities.
  To create opportunities to improve the public domain and pedestrian links throughout Gosford City Centre.
  To provide for the retention and creation of view corridors.
  To protect and enhance the scenic quality and character of Gosford City Centre.
2   Permitted without consent
Nil
3   Permitted with consent
Centre-based child care facilities; Commercial premises; Community facilities; Educational establishments; Entertainment facilities; Function centres; Hotel or motel accommodation; Information and education facilities; Medical centres; Passenger transport facilities; Recreation facilities (indoor); Registered clubs; Respite day care centres; Restricted premises; Roads; Shop top housing; Any other development not specified in item 2 or 4
4   Prohibited
Agriculture; Air transport facilities; Amusement centres; Animal boarding or training establishments; Biosolids treatment facilities; Boat building and repair facilities; Boat sheds; Camping grounds; Caravan parks; Cemeteries; Charter and tourism boating facilities; Correctional centres; Crematoria; Depots; Eco-tourist facilities; Electricity generating works; Environmental facilities; Environmental protection works; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Flood mitigation works; Forestry; Freight transport facilities; Heavy industrial storage establishments; Highway service centres; Home-based child care; Home businesses; Home occupations; Home occupations (sex services); Industrial retail outlets; Industries; Marinas; Mooring pens; Moorings; Mortuaries; Open cut mining; Recreation facilities (major); Recreation facilities (outdoor); Research stations; Residential accommodation; Resource recovery facilities; Rural industries; Service stations; Sewage treatment plants; Storage premises; Transport depots; Vehicle body repair workshops; Vehicle repair stations; Veterinary hospitals; Warehouse or distribution centres; Waste disposal facilities; Water recreation structures; Water recycling facilities; Water supply systems; Wholesale supplies
Zone B4   Mixed Use
1   Objectives of zone
  To provide a mixture of compatible land uses.
  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.
  To encourage a diverse and compatible range of activities, including commercial and retail development, cultural and entertainment facilities, tourism, leisure and recreation facilities, social, education and health services and higher density residential development.
  To allow development in Point Frederick to take advantage of and retain view corridors while avoiding a continuous built edge along the waterfront.
  To create opportunities to improve the public domain and pedestrian links of Gosford City Centre.
  To enliven the Gosford waterfront by allowing a wide range of commercial, retail and residential activities immediately adjacent to it and increase opportunities for more interaction between public and private domains.
  To protect and enhance the scenic qualities and character of Gosford City Centre.
2   Permitted without consent
Nil
3   Permitted with consent
Boarding houses; Centre-based child care facilities; Commercial premises; Community facilities; Educational establishments; Entertainment facilities; Function centres; Hotel or motel accommodation; Information and education facilities; Medical centres; Passenger transport facilities; Recreation facilities (indoor); Registered clubs; Respite day care centres; Restricted premises; Roads; Seniors housing; Shop top housing; Any other development not specified in item 2 or 4
4   Prohibited
Agriculture; Air transport facilities; Amusement centres; Animal boarding or training establishments; Biosolids treatment facilities; Boat building and repair facilities; Boat sheds; Camping grounds; Car parks; Caravan parks; Cemeteries; Charter and tourism boating facilities; Correctional centres; Crematoria; Depots; Dual occupancies; Dwelling houses; Eco-tourist facilities; Electricity generating works; Environmental facilities; Environmental protection works; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Flood mitigation works; Forestry; Freight transport facilities; Group homes (transitional); Heavy industrial storage establishments; Highway service centres; Home-based child care; Home businesses; Home occupations (sex services); Hospitals; Hostels; Industrial retail outlets; Industries; Marinas; Mooring pens; Moorings; Mortuaries; Open cut mining; Recreation facilities (major); Recreation facilities (outdoor); Research stations; Resource recovery facilities; Rural industries; Rural workers’ dwellings; Secondary dwellings; Semi-detached dwellings; Service stations; Sewage treatment plants; Sex services premises; Storage premises; Transport depots; Vehicle body repair workshops; Vehicle repair stations; Veterinary hospitals; Warehouse or distribution centres; Waste disposal facilities; Water recreation structures; Water recycling facilities; Water supply systems; Wholesale supplies
Zone B6   Enterprise Corridor
1   Objectives of zone
  To promote businesses along main roads and to encourage a mix of compatible uses.
  To provide a range of employment uses (including business, office, retail and light industrial uses).
  To maintain the economic strength of centres by limiting retailing activity.
  To provide for residential uses, but only as part of a mixed use development.
2   Permitted without consent
Nil
3   Permitted with consent
Business premises; Community facilities; Garden centres; Hardware and building supplies; Hotel or motel accommodation; Landscaping material supplies; Light industries; Multi dwelling housing; Passenger transport facilities; Plant nurseries; Recreation facilities (indoor); Residential flat buildings; Roads; Shop top housing; Warehouse or distribution centres; Any other development not specified in item 2 or 4
4   Prohibited
Agriculture; Air transport facilities; Amusement centres; Animal boarding or training establishments; Biosolids treatment facilities; Boat building and repair facilities; Boat sheds; Camping grounds; Caravan parks; Cemeteries; Centre-based child care facilities; Charter and tourism boating facilities; Correctional centres; Crematoria; Depots; Eco-tourist facilities; Electricity generating works; Environmental facilities; Environmental protection works; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Flood mitigation works; Forestry; Freight transport facilities; Function centres; Heavy industrial storage establishments; Highway service centres; Home-based child care; Home businesses; Home occupations (sex services); Industries; Information and education facilities; Marinas; Mooring pens; Moorings; Mortuaries; Open cut mining; Recreation areas; Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Research stations; Residential accommodation; Resource recovery facilities; Restricted premises; Rural industries; Rural supplies; Service stations; Sewage treatment plants; Storage premises; Tourist and visitor accommodation; Transport depots; Vehicle body repair workshops; Vehicle repair stations; Veterinary hospitals; Waste disposal facilities; Water recreation structures; Water recycling facilities; Water supply systems
Zone SP2   Infrastructure
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.
  To ensure that development is compatible with the desired future character of the zone.
2   Permitted without consent
Nil
3   Permitted with consent
Roads; The purpose shown on the 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
Zone RE1   Public Recreation
1   Objectives of zone
  To enable land to be used for public open space or recreational purposes.
  To provide a range of recreational settings and activities and compatible land uses.
  To protect and enhance the natural environment for recreational purposes.
  To identify areas suitable for development for recreation, leisure and cultural purposes.
  To ensure that development is compatible with the desired future character of the zone.
2   Permitted without consent
Environmental facilities; Environmental protection works
3   Permitted with consent
Camping grounds; Car parks; Caravan parks; Centre-based child care facilities; Community facilities; Kiosks; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Respite day care centres; Restaurants or cafes; Roads; Water recreation structures
4   Prohibited
Any development not specified in item 2 or 3
Zone W2   Recreational Waterways
1   Objectives of zone
  To protect the ecological, scenic and recreation values of recreational waterways.
  To allow for water-based recreation and related uses.
  To provide for sustainable fishing industries and recreational fishing.
2   Permitted without consent
Environmental facilities; Environmental protection works; Moorings
3   Permitted with consent
Boat sheds; Car parks; Food and drink premises; Function centres; Kiosks; Marinas; Markets; Mooring pens; Water recreation structures
4   Prohibited
Industries; Multi dwelling housing; Residential flat buildings; Seniors housing; Warehouse or distribution centres; Any other development not specified in item 2 or 3
Part 5.4 Exempt and complying development
5.19   Exempt development
(1)  The objective of this section is to identify development of minimal environmental impact as exempt development.
(2)  Development specified in Schedule 6 that meets the standards for the development contained in that Schedule and that complies with the requirements of this Part is exempt development.
(3)  To be exempt development, the development—
(a)  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, and
(b)  must not, if it relates to an existing building, cause the building to contravene the Building Code of Australia, and
(c)  must not be designated development, and
(d)  must not be carried out on land that comprises, or on which there is, an item that is listed on the State Heritage Register under the Heritage Act 1977 or that is subject to an interim heritage order under the Heritage Act 1977.
(4)  Development that relates to an existing building that is classified under the Building Code of Australia as class 1b or class 2–9 is exempt development only if—
(a)  the building has a current fire safety certificate or fire safety statement, or
(b)  no fire safety measures are currently implemented, required or proposed for the building.
(5)  To be exempt development, the development must—
(a)  be installed in accordance with the manufacturer’s specifications, if applicable, and
(b)  not involve the removal, pruning or other clearing of vegetation that requires a permit, development consent or other approval unless it is undertaken in accordance with a permit, development consent or other approval.
(6)  A heading to an item in Schedule 6 is part of that Schedule.
5.20   Complying development
(1)  The objective of this section is to identify development as complying development.
(2)  Development specified in Part 1 of Schedule 7 that is carried out in compliance with—
(a)  the development standards specified in relation to that development, and
(b)  the requirements of this Part,
is complying development.
Note—
See also section 5.35(3) which provides that the conversion of fire alarms is complying development in certain circumstances.
(3)  To be complying development, the development must—
(a)  be permissible, with development consent, in the zone in which it is carried out, and
(b)  meet the relevant deemed-to-satisfy provisions of the Building Code of Australia, and
(c)  have an approval, if required by the Local Government Act 1993, from the Council for an on-site effluent disposal system if the development is undertaken on unsewered land.
(4)  A complying development certificate for development specified in Part 1 of Schedule 7 is subject to the conditions (if any) set out or referred to in Part 2 of that Schedule.
(5)  A heading to an item in Schedule 7 is part of that Schedule.
5.21   Environmentally sensitive areas excluded
(1)  Exempt or complying development must not be carried out on any environmentally sensitive area for exempt or complying development.
(2)  For the purposes of this section—
environmentally sensitive area for exempt or complying development means any of the following—
(a)  the coastal waters of the State,
(b)  a coastal lake,
(c)  land within the coastal wetlands and littoral rainforests area (within the meaning of the Coastal Management Act 2016),
(d)  land reserved as an aquatic reserve under the Fisheries Management Act 1994 or as a marine park under the Marine Parks Act 1997,
(e)  land within a wetland of international significance declared under the Ramsar Convention on Wetlands or within a World heritage area declared under the World Heritage Convention,
(f)  land within 100 metres of land to which paragraph (c), (d) or (e) applies,
(g)  land identified in this or any other environmental planning instrument as being of high Aboriginal cultural significance or high biodiversity significance,
(h)  land reserved under the National Parks and Wildlife Act 1974 or land acquired under Part 11 of that Act,
(i)  land reserved or dedicated under the Crown Land Management Act 2016 for the preservation of flora, fauna, geological formations or for other environmental protection purposes,
(j)  land that is a declared area of outstanding biodiversity value under the Biodiversity Conservation Act 2016 or declared critical habitat under Part 7A of the Fisheries Management Act 1994.
Part 5.5 Principal development standards
5.22   Minimum subdivision lot size
(1)  The objectives of this section are as follows—
(a)  to reflect State, regional and local planning strategies relating to the provision of various sizes of land,
(b)  to ensure that the subdivision of land is compatible with the desired future character of the area,
(c)  to promote the ecologically, socially and economically sustainable subdivision of land,
(d)  to ensure that the creation of parcels of land for development occurs in a manner that protects the physical characteristics of the land, does not create potential physical hazard or amenity issues for neighbours, can be satisfactorily serviced and will, through its potential cumulative effects, not create capacity problems for existing infrastructure.
(2)  This section 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 Chapter.
(3)  The size of any lot resulting from a subdivision of land to which this section applies is not to be less than the minimum size shown on the Lot Size Map in relation to that land.
(4)  This section does not apply in relation to the subdivision of any land—
(a)  by the registration of a strata plan or strata plan of subdivision under the Strata Schemes Development Act 2015, or
(b)  by any kind of subdivision under the Community Land Development Act 1989.
5.23   Minimum subdivision lot size for community title schemes
(1)  The objectives of this section are as follows—
(a)  to ensure that land to which this section applies is not fragmented by subdivisions that would create additional dwelling entitlements.
(2)  This section applies to a subdivision (being a subdivision that requires development consent) under the Community Land Development Act 1989 of land in any of the following zones—
(a)  Zone RE1 Public Recreation,
but does not apply to a subdivision by the registration of a strata plan.
(3)  The size of any lot resulting from a subdivision of land to which this section applies (other than any lot comprising association property within the meaning of the Community Land Development Act 1989) is not to be less than the minimum size shown on the Lot Size Map in relation to that land.
(4)  This section applies despite section 5.22.
5.24   Minimum subdivision lot size for strata plan schemes in certain rural, residential, recreation and environment protection zones
(1)  The objective of this section is to ensure that land to which this section applies is not fragmented by subdivisions that would create additional dwelling entitlements.
(2)  This section applies to land in the following zones that is used, or proposed to be used, for residential accommodation or tourist and visitor accommodation—
(a)  Zone RE1 Public Recreation.
(3)  The size of any lot resulting from a subdivision of land to which this section applies for a strata plan scheme (other than any lot comprising common property within the meaning of the Strata Schemes (Freehold Development) Act 1973 or Strata Schemes (Leasehold Development) Act 1986) is not to be less than the minimum size shown on the Lot Size Map in relation to that land.
Note—
Part 6 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 provides that strata subdivision of a building in certain circumstances is specified complying development.
5.25   Height of buildings
(1)  The objectives of this section are as follows—
(a)  to establish maximum height limits for buildings,
(b)  to permit building heights that encourage high quality urban form,
(c)  to ensure that buildings and public areas continue to receive satisfactory exposure to sky and sunlight,
(d)  to nominate heights that will provide an appropriate transition in built form and land use intensity,
(e)  to ensure that taller buildings are located appropriately in relation to view corridors and view impacts and in a manner that is complementary to the natural topography of the area,
(f)  to protect public open space from excessive overshadowing and to allow views to identify natural topographical features.
(2)  The height of a building on any land is not to exceed the maximum height shown for the land on the Height of Buildings Map.
Note—
Sections 5.28, 5.33, 5.44 and 5.46 provide exceptions to the maximum height shown for the relevant land on the Height of Buildings Map in certain circumstances.
5.26   Floor space ratio
(1)  The objectives of this section 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 in order to achieve the desired future character for different locations,
(c)  to minimise adverse environmental effects on the use or enjoyment of adjoining properties and the public domain,
(d)  to maintain an appropriate visual relationship between new development and the existing character of areas or locations that are not undergoing, and are not likely to undergo, a substantial transformation,
(e)  to provide an appropriate correlation between the size of a site and the extent of any development on that site,
(f)  to facilitate design excellence by ensuring the extent of floor space in building envelopes leaves generous space for the articulation and modulation of design,
(g)  to ensure that the floor space ratio of buildings on land in Zone R1 General Residential reflects Council’s desired building envelope,
(h)  to encourage lot amalgamation and new development forms in Zone R1 General Residential with car parking below ground level.
(2)  The maximum floor space ratio for a building on any land is not to exceed the floor space ratio shown for the land on the Floor Space Ratio Map.
Note—
Sections 5.28, 5.46 and 5.55 provide exceptions to the maximum floor space ratio shown for the relevant land on the Floor Space Ratio Map in certain circumstances.
5.27   Calculation of floor space ratio and site area
(1) Objectives The objectives of this section 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, subsections (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 Chapter or any other law,
(b)  community land or a public place (except as provided by subsection (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 development 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 subsection (9) applies to any land (affected land), and
(b)  proposed development relates to the affected land and other land that together comprise the site of the proposed development,
the maximum amount of floor area allowed on the other land by the floor space ratio fixed for the site by this Chapter is reduced by the quantity of floor space area the covenant prevents being created on the affected land.
(11) Definition In this section, public place has the same meaning as it has in the Local Government Act 1993.
5.28   Exceptions to development standards
(1)  The objectives of this section 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 section, be granted for development even though the development would contravene a development standard imposed by this or any other environmental planning instrument. However, this section does not apply to a development standard that is expressly excluded from the operation of this section.
(3)  Development consent must not be granted for development that contravenes a development standard unless the consent authority has considered a written request from the applicant that seeks to justify the contravention of the development standard by demonstrating—
(a)  that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case, and
(b)  that there are sufficient environmental planning grounds to justify contravening the development standard.
(4)  Development consent must not be granted for development that contravenes a development standard unless—
(a)  the consent authority is satisfied that—
(i)  the applicant’s written request has adequately addressed the matters required to be demonstrated by subsection (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)  Development consent must not be granted under this section for a subdivision of land in Zone RU1 Primary Production, Zone RU2 Rural Landscape, Zone RU3 Forestry, Zone RU4 Primary Production Small Lots, Zone RU6 Transition, Zone R5 Large Lot Residential, Zone E2 Environmental Conservation, Zone E3 Environmental Management or 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.
Note—
When this Chapter was made it did not include all of these zones.
(7)  After determining a development application made pursuant to this section, 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 subsection (3).
(8)  This section 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)  section 5.32,
(ca)  sections 5.46(5), 5.52 and 5.53.
Part 5.6 Miscellaneous provisions
5.29   Relevant acquisition authority
(1)  The objective of this section is to identify, for the purposes of section 27 of the Act, the authority of the State that will be the relevant authority to acquire land reserved for certain public purposes if the land is required to be acquired under Division 3 of Part 2 of the Land Acquisition (Just Terms Compensation) Act 1991 (the owner-initiated acquisition provisions).
Note—
If the landholder will suffer hardship if there is any delay in the land being acquired by the relevant authority, section 23 of the Land Acquisition (Just Terms Compensation) Act 1991 requires the authority to acquire the land.
(2)  The authority of the State that will be the relevant authority to acquire land, if the land is required to be acquired under the owner-initiated acquisition provisions, is the authority of the State specified below in relation to the land shown on the Land Reservation Acquisition Map (or, if an authority of the State is not specified in relation to land required to be so acquired, the authority designated or determined under those provisions).
Type of land shown on Map
Authority of the State
Zone RE1 Public Recreation and marked “Local open space”
Council
Zone RE1 Public Recreation and marked “Regional open space”
The corporation constituted under section 8 of the Act
Zone SP2 Infrastructure and marked “Classified road”
Transport for NSW
Zone SP2 Infrastructure and marked “Local road widening”
Council
(3)  Development on land acquired by an authority of the State under the owner-initiated acquisition provisions may, before it is used for the purpose for which it is reserved, be carried out, with development consent, for any purpose.
Note—
If land, other than land specified in the Table to subsection (2), is required to be acquired under the owner-initiated acquisition provisions, the Minister for Planning and Infrastructure is required to take action to enable the designation of the acquiring authority under this section. Pending the designation of the acquiring authority for the land, the acquiring authority is to be the authority determined by order of the Minister for Planning and Infrastructure (see section 21 of the Land Acquisition (Just Terms Compensation) Act 1991).
5.30   Classification and reclassification of public land
(1)  The objective of this section is to enable the Council to classify or reclassify public land as “operational land” or “community land” in accordance with Part 2 of Chapter 6 of the Local Government Act 1993.
Note—
Under the Local Government Act 1993, “public land” is generally land vested in or under the control of a council (other than roads, Crown reserves and commons). The classification or reclassification of public land may also be made by a resolution of the Council under section 31, 32 or 33 of the Local Government Act 1993. Section 30 of that Act enables this Chapter to discharge trusts on which public reserves are held if the land is reclassified under this Chapter as operational land.
(2)  The public land described in Part 1 or Part 2 of Schedule 8 is classified, or reclassified, as operational land for the purposes of the Local Government Act 1993.
(3)  The public land described in Part 3 of Schedule 8 is classified, or reclassified, as community land for the purposes of the Local Government Act 1993.
(4)  The public land described in Part 1 of Schedule 8—
(a)  does not cease to be a public reserve to the extent (if any) that it is a public reserve, and
(b)  continues to be affected by any trusts, estates, interests, dedications, conditions, restrictions or covenants that affected the land before its classification, or reclassification, as operational land.
(5)  The public land described in Part 2 of Schedule 8, to the extent (if any) that it is a public reserve, ceases to be a public reserve when the description of the land is inserted into that Part and is discharged from all trusts, estates, interests, dedications, conditions, restrictions and covenants affecting the land or any part of the land, except—
(a)  those (if any) specified for the land in Column 3 of Part 2 of Schedule 8, and
(b)  any reservations that except land out of the Crown grant relating to the land, and
(c)  reservations of minerals (within the meaning of the Crown Land Management Act 2016).
Note—
In accordance with section 30(2) of the Local Government Act 1993, the approval of the Governor to subsection (5) applying to the public land concerned is required before the description of the land is inserted in Part 2 of Schedule 8.
5.31   Development near zone boundaries
(1)  The objective of this section is to provide flexibility where the investigation of a site and its surroundings reveals that a use allowed on the other side of a zone boundary would enable a more logical and appropriate development of the site and be compatible with the planning objectives and land uses for the adjoining zone.
(2)  This section applies to so much of any land that is within the relevant distance of a boundary between any 2 zones. The relevant distance is 10 metres.
(3)  This section does not apply to—
(a)  land in Zone RE1 Public Recreation, or
(a1)  land in Zone B3 Commercial Core or Zone W2 Recreational Waterways, or
(b)  land within the coastal zone, or
(c)  land proposed to be developed for the purpose of sex services or restricted premises.
(4)  Despite the provisions of this Chapter relating to the purposes for which development may be carried out, development consent may be granted to development of land to which this section applies for any purpose that may be carried out in the adjoining zone, but only if the consent authority is satisfied that—
(a)  the development is not inconsistent with the objectives for development in both zones, and
(b)  the carrying out of the development is desirable due to compatible land use planning, infrastructure capacity and other planning principles relating to the efficient and timely development of land.
(5)  This section does not prescribe a development standard that may be varied under this Chapter.
5.32   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 Chapter, the accommodation that is provided to guests must consist of no more than 4 bedrooms.
Note—
Any such development that provides for a certain number of guests or rooms may involve a change in the class of building under the Building Code of Australia.
(2) Home businesses If development for the purposes of a home business is permitted under this Chapter, the carrying on of the business must not involve the use of more than 30 square metres of floor area.
(3) Home industries If development for the purposes of a home industry is permitted under this Chapter, the carrying on of the home industry must not involve the use of more than 30 square metres of floor area.
(4) Industrial retail outlets If development for the purposes of an industrial retail outlet is permitted under this Chapter, the retail floor area must not exceed—
(a)  10% of the gross floor area of the industry or rural industry located on the same land as the retail outlet, or
(b)  400 square metres,
whichever is the lesser.
(5) Farm stay accommodation If development for the purposes of farm stay accommodation is permitted under this Chapter, the accommodation that is provided to guests must consist of no more than 4 bedrooms.
(6) Kiosks If development for the purposes of a kiosk is permitted under this Chapter, the gross floor area must not exceed 50 square metres.
(7) Neighbourhood shops If development for the purposes of a neighbourhood shop is permitted under this Chapter, the retail floor area must not exceed 100 square metres.
(8) Neighbourhood supermarkets If development for the purposes of a neighbourhood supermarket is permitted under this Chapter, the gross floor area must not exceed 1,000 square metres.
(9) Roadside stalls If development for the purposes of a roadside stall is permitted under this Chapter, the gross floor area must not exceed 30 square metres.
(10) Secondary dwellings If development for the purposes of a secondary dwelling is permitted under this Chapter, 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 the principal dwelling.
(11) Artisan food and drink industry exclusion If development for the purposes of an artisan food and drink industry is permitted under this Chapter in an industrial or rural zone, the floor area used for retail sales (not including any cafe or restaurant area) must not exceed—
(a)  10% of the gross floor area of the industry, or
(b)  400 square metres,
whichever is the lesser.
5.33   Architectural roof features
(1)  The objectives of this section 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 section 5.25 may be carried out, but only with development consent.
(3)  Development consent must not be granted to any such development unless the consent authority is satisfied that—
(a)  the architectural roof feature—
(i)  comprises a decorative element on the uppermost portion of a building, and
(ii)  is not an advertising structure, and
(iii)  does not include floor space area and is not reasonably capable of modification to include floor space area, and
(iv)  will cause minimal overshadowing, and
(b)  any building identification signage or equipment for servicing the building (such as plant, lift motor rooms, fire stairs and the like) contained in or supported by the roof feature is fully integrated into the design of the roof feature.
5.34   Development below mean high water mark
(1)  The objective of this section is to ensure appropriate environmental assessment for development carried out on land covered by tidal waters.
(2)  Development consent is required to carry out development on any land below the mean high water mark of any body of water subject to tidal influence (including the bed of any such water).
5.35   Conversion of fire alarms
(1)  This section applies to a fire alarm system that can be monitored by Fire and Rescue NSW or by a private service provider.
(2)  The following development may be carried out, but only with development consent—
(a)  converting a fire alarm system from connection with the alarm monitoring system of Fire and Rescue NSW to connection with the alarm monitoring system of a private service provider,
(b)  converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with the alarm monitoring system of another private service provider,
(c)  converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with a different alarm monitoring system of the same private service provider.
(3)  Development to which subsection (2) applies is complying development if it consists only of—
(a)  internal alterations to a building, or
(b)  internal alterations to a building together with the mounting of an antenna, and any support structure, on an external wall or roof of a building so as to occupy a space of not more than 450mm × 100mm × 100mm.
(4)  A complying development certificate for any such complying development is subject to a condition that any building work may only be carried out between 7.00 am and 6.00 pm on Monday to Friday and between 7.00 am and 5.00 pm on Saturday, and must not be carried out on a Sunday or a public holiday.
(5)  In this section—
private service provider means a person or body that has entered into an agreement that is in force with Fire and Rescue NSW to monitor fire alarm systems.
5.36   Heritage conservation
Note—
Heritage items (if any) are listed and described in Schedule 9. Heritage conservation areas (if any) are shown on the Heritage Map as well as being described in Schedule 9.
(1) Objectives The objectives of this section are as follows—
(a)  to conserve the environmental heritage of Gosford,
(b)  to conserve the heritage significance of heritage items and heritage conservation areas, including associated fabric, settings and views,
(c)  to conserve archaeological sites,
(d)  to conserve Aboriginal objects and Aboriginal places of heritage significance.
(2) Requirement for consent Development consent is required for any of the following—
(a)  demolishing or moving any of the following or altering the exterior of any of the following (including, in the case of a building, making changes to its detail, fabric, finish or appearance)—
(i)  a heritage item,
(ii)  an Aboriginal object,
(iii)  a building, work, relic or tree within a heritage conservation area,
(b)  altering a heritage item that is a building by making structural changes to its interior or by making changes to anything inside the item that is specified in Schedule 9 in relation to the item,
(c)  disturbing or excavating an archaeological site while knowing, or having reasonable cause to suspect, that the disturbance or excavation will or is likely to result in a relic being discovered, exposed, moved, damaged or destroyed,
(d)  disturbing or excavating an Aboriginal place of heritage significance,
(e)  erecting a building on land—
(i)  on which a heritage item is located or that is within a heritage conservation area, or
(ii)  on which an Aboriginal object is located or that is within an Aboriginal place of heritage significance,
(f)  subdividing land—
(i)  on which a heritage item is located or that is within a heritage conservation area, or
(ii)  on which an Aboriginal object is located or that is within an Aboriginal place of heritage significance.
(3) When consent not required However, development consent under this section is not required if—
(a)  the applicant has notified the consent authority of the proposed development and the consent authority has advised the applicant in writing before any work is carried out that it is satisfied that the proposed development—
(i)  is of a minor nature or is for the maintenance of the heritage item, Aboriginal object, Aboriginal place of heritage significance or archaeological site or a building, work, relic, tree or place within the heritage conservation area, and
(ii)  would not adversely affect the heritage significance of the heritage item, Aboriginal object, Aboriginal place, archaeological site or heritage conservation area, or
(b)  the development is in a cemetery or burial ground and the proposed development—
(i)  is the creation of a new grave or monument, or excavation or disturbance of land for the purpose of conserving or repairing monuments or grave markers, and
(ii)  would not cause disturbance to human remains, relics, Aboriginal objects in the form of grave goods, or to an Aboriginal place of heritage significance, or
(c)  the development is limited to the removal of a tree or other vegetation that the Council is satisfied is a risk to human life or property, or
(d)  the development is exempt development.
(4) Effect of proposed development on heritage significance The consent authority must, before granting consent under this section in respect of a heritage item or heritage conservation area, consider the effect of the proposed development on the heritage significance of the item or area concerned. This subsection applies regardless of whether a heritage management document is prepared under subsection (5) or a heritage conservation management plan is submitted under subsection (6).
(5) Heritage assessment The consent authority may, before granting consent to any development—
(a)  on land on which a heritage item is located, or
(b)  on land that is within a heritage conservation area, or
(c)  on land that is within the vicinity of land referred to in paragraph (a) or (b),
require a heritage management document to be prepared that assesses the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage item or heritage conservation area concerned.
(6) Heritage conservation management plans The consent authority may require, after considering the heritage significance of a heritage item and the extent of change proposed to it, the submission of a heritage conservation management plan before granting consent under this section.
(7) Archaeological sites The consent authority must, before granting consent under this section to the carrying out of development on an archaeological site (other than land listed on the State Heritage Register or to which an interim heritage order under the Heritage Act 1977 applies)—
(a)  notify the Heritage Council of its intention to grant consent, and
(b)  take into consideration any response received from the Heritage Council within 28 days after the notice is sent.
(8) Aboriginal places of heritage significance The consent authority must, before granting consent under this section to the carrying out of development in an Aboriginal place of heritage significance—
(a)  consider the effect of the proposed development on the heritage significance of the place and any Aboriginal object known or reasonably likely to be located at the place by means of an adequate investigation and assessment (which may involve consideration of a heritage impact statement), and
(b)  notify the local Aboriginal communities, in writing or in such other manner as may be appropriate, about the application and take into consideration any response received within 28 days after the notice is sent.
(9) Demolition of nominated State heritage items The consent authority must, before granting consent under this section for the demolition of a nominated State heritage item—
(a)  notify the Heritage Council about the application, and
(b)  take into consideration 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, or for any purpose on an Aboriginal place of heritage significance, even though development for that purpose would otherwise not be allowed by this Chapter, if the consent authority is satisfied that—
(a)  the conservation of the heritage item or Aboriginal place of heritage significance is facilitated by the granting of consent, and
(b)  the proposed development is in accordance with a heritage management document that has been approved by the consent authority, and
(c)  the consent to the proposed development would require that all necessary conservation work identified in the heritage management document is carried out, and
(d)  the proposed development would not adversely affect the heritage significance of the heritage item, including its setting, or the heritage significance of the Aboriginal place of heritage significance, and
(e)  the proposed development would not have any significant adverse effect on the amenity of the surrounding area.
5.37   Bush fire hazard reduction
Bush fire hazard reduction work authorised by the Rural Fires Act 1997 may be carried out on any land without development consent.
Note—
The Rural Fires Act 1997 also makes provision relating to the carrying out of development on bush fire prone land.
5.38   Infrastructure development and use of existing buildings of the Crown
(1)  This Chapter does not restrict or prohibit, or enable the restriction or prohibition of, the carrying out of any development, by or on behalf of a public authority, that is permitted to be carried out with or without development consent, or that is exempt development, under State Environmental Planning Policy (Infrastructure) 2007.
(2)  This Chapter does not restrict or prohibit, or enable the restriction or prohibition of, the use of existing buildings of the Crown by the Crown.
Part 5.7 Additional local provisions—generally
5.39   Acid sulfate soils
(1)  The objective of this section is to ensure that development does not disturb, expose or drain acid sulfate soils and cause environmental damage.
(2)  Development consent is required for the carrying out of works described in the Table to this subsection on land shown on the Acid Sulfate Soils Map as being of the class specified for those works.
Class of land
Works
1
Any works.
2
Works below the natural ground surface.
Works by which the watertable is likely to be lowered.
3
Works more than 1 metre below the natural ground surface.
Works by which the watertable is likely to be lowered more than 1 metre below the natural ground surface.
4
Works more than 2 metres below the natural ground surface.
Works by which the watertable is likely to be lowered more than 2 metres below the natural ground surface.
5
Works within 500 metres of adjacent Class 1, 2, 3 or 4 land that is below 5 metres Australian Height Datum and by which the watertable is likely to be lowered below 1 metre Australian Height Datum on adjacent Class 1, 2, 3 or 4 land.
(3)  Development consent must not be granted under this section for the carrying out of works unless an acid sulfate soils management plan has been prepared for the proposed works in accordance with the Acid Sulfate Soils Manual and has been provided to the consent authority.
(4)  Despite subsection (2), development consent is not required under this section for the carrying out of works if—
(a)  a preliminary assessment of the proposed works prepared in accordance with the Acid Sulfate Soils Manual indicates that an acid sulfate soils management plan is not required for the works, and
(b)  the preliminary assessment has been provided to the consent authority and the consent authority has confirmed the assessment by notice in writing to the person proposing to carry out the works.
(5)  Despite subsection (2), development consent is not required under this section for the carrying out of any of the following works by a public authority (including ancillary work such as excavation, construction of access ways or the supply of power)—
(a)  emergency work, being the repair or replacement of the works of the public authority, required to be carried out urgently because the works have been damaged, have ceased to function or pose a risk to the environment or to public health and safety,
(b)  routine maintenance work, being the periodic inspection, cleaning, repair or replacement of the works of the public authority (other than work that involves the disturbance of more than 1 tonne of soil),
(c)  minor work, being work that costs less than $20,000 (other than drainage work).
(6)  Despite subsection (2), development consent is not required under this section to carry out any works if—
(a)  the works involve the disturbance of less than 1 tonne of soil, and
(b)  the works are not likely to lower the watertable.
5.40   Flood planning
(1)  The objectives of this section 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 section applies to land at or below the flood planning level.
(3)  Development consent must not be granted to development on land to which this section 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 section has the same meaning as it has in the Floodplain Development Manual (ISBN 0 7347 5476 0) published by the NSW Government in April 2005, unless it is otherwise defined in this section.
5.41   Floodplain risk management
(1)  The objectives of this section are as follows—
(a)  in relation to development with particular evacuation or emergency response issues, to enable evacuation of land subject to flooding in events exceeding the flood planning level,
(b)  to protect the operational capacity of emergency response facilities and critical infrastructure during extreme flood events.
(2)  This section applies to land between the flood planning level and the level of a probable maximum flood, but does not apply to land subject to the discharge of a 1:100 ARI (average recurrent interval) flood event plus 0.5 metre freeboard.
(3)  Development consent must not be granted to development for the following purposes on land to which this section applies unless the consent authority is satisfied that the development will not, in flood events exceeding the flood planning level, affect the safe occupation of, and evacuation from, the land—
(a)  caravan parks,
(b)  correctional facilities,
(c)  emergency services facilities,
(d)  group homes,
(e)  hospitals,
(f)  residential care facilities,
(g)  tourist and visitor accommodation.
(4)  A word or expression used in this section has the same meaning as it has in the Floodplain Development Manual (ISBN 0 7347 5476 0) published by the NSW Government in April 2005, unless it is otherwise defined in this section.
5.42   Location of sex services premises
(1)  The objective of this section is to minimise land use conflicts and adverse amenity impacts by providing a reasonable level of separation between sex services premises, specified land uses and places regularly frequented by children.
(2)  In deciding whether to grant development consent to development for the purposes of sex services premises, the consent authority must consider the following—
(a)  whether the premises will be located on land that adjoins, is directly opposite or is separated only by a local road from land—
(i)  in Zone R1 General Residential, Zone R2 Low Density Residential or Zone RE1 Public Recreation, or
(ii)  used for the purposes of a centre-based child care facility, a community facility, a school or a place of public worship,
(b)  the impact of the proposed development and its hours of operation on any place likely to be regularly frequented by children—
(i)  that adjoins the proposed development, or
(ii)  that can be viewed from the proposed development, or
(iii)  from which a person can view the proposed development.
(3)  Despite subsection (2), if the sex services premises are proposed to be located in a building that contains one or more dwellings, development consent must not be granted to development for the purpose of sex services premises unless the sex services premises can only be accessed by a separate street entrance that does not provide access to the rest of the building.
Part 5.8 Gosford City Centre
5.43   Minimum building street frontage in Zone B6
(1)  The objective of this section is to encourage the amalgamation of smaller lots to achieve the efficient development of land and design of buildings.
(2)  Development consent must not be granted to the erection of a building on land in Zone B6 Enterprise Corridor unless the building will have a street frontage of at least 24 metres.
(3)  Despite subsection (2), development consent may be granted for the erection of a building on land in Zone B6 Enterprise Corridor if the consent authority is satisfied that—
(a)  due to the physical constraints of the land or adjoining land, it is not possible for the building to have a street frontage of at least 24 metres, and
(b)  the development is consistent with the aims of this Chapter.
5.44   Building height on Mann Street
Development consent must not be granted to the erection of a building on land identified as “Mann Street” on the Additional Provisions Map unless the building height will not exceed 3 storeys at the building’s street frontage to Mann Street.
5.45   Design excellence
(1)  The objective of this section is to ensure that development exhibits design excellence that contributes to the natural, cultural, visual and built character values of Gosford City Centre.
(2)  This section applies to development involving the erection of a new building or external alterations to an existing building.
(3)  Development consent must not be granted for development to which this section 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,
(c)  whether the development is consistent with the objectives of sections 5.52 and 5.53,
(d)  any relevant requirements of applicable development control plans,
(e)  how the development addresses the following matters—
(i)  the suitability of the land for development,
(ii)  existing and proposed uses and use mix,
(iii)  heritage issues and streetscape constraints,
(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.
5.46   Exceptions to height and floor space in Zones B3, B4 and B6
(1)  This section applies to land in the following zones—
(a)  Zone B3 Commercial Core,
(b)  Zone B4 Mixed Use,
(c)  Zone B6 Enterprise Corridor.
(2)  Development consent may be granted to development on land to which this section applies that results in a building with a floor space ratio that exceeds the floor space ratio shown for the land on the Floor Space Ratio Map if—
(a)  the site area of the development is less than 2,800 square metres or the building has a street frontage of 36 metres or less, and
(b)  the floor space ratio does not exceed the ratio calculated in accordance with 2 + (X × 0.02):1, where X is the percentage of the gross floor area of the building that is used for a purpose other than residential purposes.
(3)  Development consent may be granted to development on land to which this section applies that results in a building with a height that exceeds the maximum height shown for the land on the Height of Buildings Map, by an amount to be determined by the consent authority, if—
(a)  the site area of the development is at least 2,800 square metres but less than 5,600 square metres, or the building will have a street frontage of at least 36 metres, and
(b)  a design review panel reviews the development, and
(c)  the consent authority takes into account the findings of the design review panel, and
(d)  the consent authority is satisfied with the amount of floor space that will be provided for the purposes of commercial premises, and
(e)  the consent authority is satisfied that the building meets or exceeds minimum building sustainability and environmental performance standards.
(4)  Development consent may be granted to development that results in a building with a height that exceeds the maximum height shown for the land on the Height of Buildings Map, or a floor space ratio that exceeds the floor space ratio shown for the land on the Floor Space Ratio Map, or both, by an amount to be determined by the consent authority, if—
(a)  the site area of the development is at least 5,600 square metres, and
(b)  a design review panel reviews the development, and
(c)  if required by the design review panel, an architectural design competition is held in relation to the development, and
(d)  the consent authority takes into account the findings of the design review panel and, if held, the results of the architectural design competition, and
(e)  the consent authority is satisfied with the amount of floor space that will be provided for the purposes of commercial premises, and
(f)  the consent authority is satisfied that the building meets or exceeds minimum building sustainability and environmental performance standards.
(5)  Despite any other provision of this Chapter and except as otherwise provided by this section, development on land to which this section applies on a site having an area of 2,800 square metres or more or a street frontage of 36 metres or more (or both) must not result in either or both of the following—
(a)  a building with a height that exceeds the maximum height shown for the land on the Height of Buildings Map,
(b)  a building with a floor space ratio that exceeds the floor space ratio shown for the land on the Floor Space Ratio Map.
(6)  In this section, design review panel means a panel of 3 or more persons established by the consent authority for the purposes of this section and approved by the NSW Government Architect.
5.47   Car parking in Zones B3 and B4
(1)  Development consent must not be granted for development on land in Zone B3 Commercial Core or Zone B4 Mixed Use that involves the erection of a new building or an alteration or addition to an existing building that increases the gross floor area of the building unless—
(a)  at least 1 car parking space is provided for every 75 square metres of the gross floor area of the building that is to be used for commercial activities, and
(b)  at least 1 car parking space is provided for every 40 square metres of the gross floor area of the building that is to be used for the purpose of retail premises.
(2)  Car parking that is required to be provided must be provided on site unless the consent authority is satisfied that the provision of car parking is adequately provided elsewhere.
(3)  In this section, a building’s gross floor area includes—
(a)  any area of the building that is used for car parking that is at or above street level, unless the car parking is not visible from the street and is a condition of a development consent, and
(b)  any area of the building that is used for car parking below ground level (existing), unless the car parking is a condition of a development consent,
but does not include any Council-owned public car parking.
(4)  In this section, commercial activities, in relation to the use of a building, means the use of the building for the purposes of office premises, business premises, hotel or motel accommodation (but not hotel or motel accommodation that is subdivided under a strata scheme), food and drink premises or other like uses or a combination of such uses.
5.48   Active street frontages
(1)  Development consent must not be granted to the erection of a building, or the change of use of a building, on land identified as “Active street frontage” on the Active Street Frontages Map unless the consent authority is satisfied that the building will have an active street frontage after its erection or change of use.
(2)  Despite subsection (1), 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)  access for a back street or service lane,
(d)  vehicular access.
5.49   Non-residential ground and first floor of buildings in Zone B3
Development consent must not be granted to the erection of a building, or the change of use of a building, on land in Zone B3 Commercial Core unless the consent authority is satisfied that the ground floor and first floor of the building will not be used for the purpose of residential accommodation.
5.50   Converting serviced apartments to a residential flat building
(1)  The objective of this section is to prevent substandard residential accommodation occurring through the conversion of serviced apartments to residential flat buildings.
(2)  Development consent must not be granted for the strata subdivision, under the Strata Schemes (Freehold Development) Act 1973 or the Strata Schemes (Leasehold Development) Act 1986, of a building or part of a building that is being, or has been, used for serviced apartments for use as a residential flat building unless the consent authority has considered the following in relation to the residential flat building—
(b)  the design principles of the Apartment Design Guide (within the meaning of that Policy).
5.51   Residential flat buildings in Zone B6
(1)  The objective of this section is to ensure that development for residential flat buildings on land in Zone B6 Enterprise Corridor forms part of mixed use developments and does not impact on the activation of street frontages.
(2)  This section applies to land in Zone B6 Enterprise Corridor.
(3)  Development consent must not be granted for development for the purpose of a residential flat building on land to which this section applies unless the consent authority is satisfied that—
(a)  the residential flat building is part of a mixed use development, and
(b)  no part of the ground floor of the building that is facing a street is used for residential accommodation.
5.52   Solar access to key public open spaces
(1)  The objectives of this section are—
(a)  to protect and enhance sun access to key public open spaces, and
(b)  to prevent adverse cumulative impacts of development.
(2)  Development consent may be granted to development if the development will not result in—
(a)  any more than 40 per cent of Kibble Park receiving less than 4 hours of sunlight between 9 am and 3 pm at the winter solstice, and
(b)  any more than 30 per cent of Leagues Club Field receiving less than 4 hours of sunlight between 9 am and 3 pm at the winter solstice.
(3)  In this section—
Kibble Park means the land identified as “Kibble Park” on the Additional Provisions Map.
Leagues Club Field means the land identified as “Leagues Club Field” on the Additional Provisions Map.
5.53   Key vistas and view corridors
(1)  The objective of this section is to protect and enhance key vistas and view corridors in Gosford City Centre.
(2)  Development consent must not be granted to development unless the consent authority is satisfied that the development is consistent with the objectives of this section.
5.54   Community infrastructure
(1)  Development may be carried out without development consent on land to which this Chapter applies, other than land in a heritage conservation area, land containing a heritage item or land that is an environmentally sensitive area for exempt and complying development by or on behalf of—
(a)  the council, or
(b)  the Central Coast Regional Development Corporation (constituted under the Growth Centres (Development Corporations) Act 1974).
(2)  Subsection (1) does not apply to the following development—
(a)  the erection of a class 1–9 building under the Building Code of Australia,
(b)  development that is not exempt development under State Environmental Planning Policy (Infrastructure) 2007 and has a capital value of more than $1,000,000.
5.55   Floor space ratio in Zone R1
(1)  This section applies to land in Zone R1 General Residential.
(2)  Despite section 5.26, the maximum floor space ratio for a building that has a street frontage of at least 24 metres is—
(a)  if the building is on a site area of at least 1,000 square metres, but less than 1,500 square metres—
(i)  if the maximum floor space ratio shown for the land on the Floor Space Ratio Map is at least 2.25:1—2:1, or
(ii)  if the maximum floor space ratio shown for the land on the Floor Space Ratio Map is at least 2:1, but less than 2.25:1—1.5:1, or
(iii)  in any other case—3:1, or
(b)  if the building is on a site area of at least 1,500 square metres, but less than 2,000 square metres—
(i)  if the maximum floor space ratio shown for the land on the Floor Space Ratio Map is at least 2.25:1—2:1, or
(ii)  if the maximum floor space ratio shown for the land on the Floor Space Ratio Map is at least 2:1, but less than 2.25:1—1.5:1, or
(iii)  in any other case—3.5:1, or
(c)  if the building is on a site area of at least 2,000 square metres, but less than 2,500 square metres—
(i)  if the maximum floor space ratio shown for the land on the Floor Space Ratio Map is at least 2.25:1—2:1, or
(ii)  in any other case—4:1.
(3)  If a building for which the maximum floor space ratio on the Floor Space Ratio Map is as specified in Column 1 of the Table to this subsection—
(a)  is on a site area of less than 1,000 square metres, or
(b)  has no street frontage greater than 24 metres,
the maximum floor space ratio for the building is the ratio specified opposite that ratio in Column 2 of that Table.
Column 1
Column 2
2:1 or less
0.75:1
> 2:1
1:1
Appendix 1 Kings Forest site
1   Definitions
In this Appendix—
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.
native vegetation has the same meaning as in the Native Vegetation Act 2003.
3   Application of Appendix
(1)  Subject to subsections (2) and (3), this Appendix 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 Appendix 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 Appendix.
(3)  Nothing in this Appendix 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 Chapter 2, 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)  Zone 7 (a) Environmental Protection (Wetlands and Littoral Rainforests),
(c)  Zone 7 (l) Environmental Protection (Habitat).
(2)  Subject to the other provisions of this Appendix, the provisions of Tweed Local Environmental Plan 2000, as in force at the commencement of this section, 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 Chapter 2.
(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 Chapter 2) 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 section, 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.
8   Agricultural buffers
Consent must not be granted to development on land within an agricultural buffer unless the consent authority 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.
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—Chapter 2 and all other State environmental planning policies otherwise applicable to the land, except clause 4.6 of Tweed Local Environmental Plan 2014,
(b)  in the case of all other development—all environmental planning instruments otherwise applicable to the land, except clause 4.6 of Tweed Local Environmental Plan 2014, but only to the extent that those instruments are not inconsistent with Chapter 2.
11   Infrastructure development and the use of existing buildings of the Crown
(1)  This Appendix 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 Appendix does not restrict or prohibit, or enable the restriction or prohibition of, the use of existing buildings of the Crown by the Crown.
sch 1: Am 2022 (48), Sch 1[4]–[13]; 2022 (472), cl 5.
Appendix 2 Tomago Industrial site
sch 2, hdg: Am 2022 (350), Sch 1[6].
Part 1 Preliminary
1   Land to which Appendix applies
This Appendix 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 Appendix—
(2)  A word or expression used in this Appendix 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 Appendix.
3   Consent authority
For the purposes of this Appendix—
(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.
Part 3 Provisions applying to development within Tomago Industrial site
6   Application of Part
This Part 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 Chapter 2, 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 Chapter 2, development is prohibited within Zone IN1 General Industrial unless it is permitted by subsection (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 Chapter 2, development is prohibited within Zone SP2 Infrastructure unless it is permitted by subsection (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 Chapter 2, development is prohibited within Zone E2 Environmental Conservation unless it is permitted by subsection (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)  Subsection (1) does not apply to development for which development consent is required by section 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.
12A   Demolition requires development consent
The demolition of a building or work may be carried out only with development consent.
Note—
If the demolition of a building or work is identified in an applicable environmental planning instrument, such as Chapter 2 or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, as exempt development, the Act enables it to be carried out without development consent.
12B   Temporary use of land
(1)  The objective of this section 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 Chapter 2, 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 Chapter 2 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 subsection (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 subsection.
(5)  Subsection (3)(d) does not apply to the temporary use of a dwelling as a sales office mentioned in subsection (4).
Part 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, or
(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,
or to both councils, as the case may require.
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 Chapter 2 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 subsection (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 section, the Governor approved of subsections (1) and (2).
16A   Conversion of fire alarms
(1)  This section applies to a fire alarm system that can be monitored by Fire and Rescue NSW or by a private service provider.
(2)  The following development may be carried out, but only with development consent—
(a)  converting a fire alarm system from connection with the alarm monitoring system of Fire and Rescue NSW to connection with the alarm monitoring system of a private service provider,
(b)  converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with the alarm monitoring system of another private service provider,
(c)  converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with a different alarm monitoring system of the same private service provider.
(3)  Development to which subsection (2) applies is complying development if it consists only of—
(a)  internal alterations to a building, or
(b)  internal alterations to a building together with the mounting of an antenna, and any support structure, on an external wall or roof of a building so as to occupy a space of not more than 450mm × 100mm × 100mm.
(4)  A complying development certificate for any such complying development is subject to a condition that any building work may only be carried out between 7.00 am and 6.00 pm on Monday to Friday and between 7.00 am and 5.00 pm on Saturday, and must not be carried out on a Sunday or a public holiday.
(5)  In this section—
private service provider means a person or body that has entered into an agreement that is in force with Fire and Rescue NSW to monitor fire alarm systems.
17   Infrastructure development and use of existing buildings of the Crown
(1)  This Appendix 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 Appendix does not restrict or prohibit, or enable the restriction or prohibition of, the use of existing buildings of the Crown by the Crown.
Appendix 3 Sandon Point site
sch 3, hdg: Am 2022 (350), Sch 1[7].
Part 1 Preliminary
1   Land to which Appendix applies
This Appendix applies to the land identified on the Land Application Map, referred to in this Appendix as the Sandon Point site.
2   Interpretation
(1)  In this Appendix—
council means the Wollongong City Council.
heritage item means a building, work, archaeological site, tree, place or Aboriginal object shown on the Heritage Map as a heritage item.
(2)  A word or expression used in this Appendix 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 Appendix.
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.
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 Chapter 2 and all other State environmental planning policies except State Environmental Planning Policy (Coastal Management) 2018.
Part 2 Provisions relating to development in Sandon Point site
6   Application of Part
(1)  This Part applies to development on land within the Sandon Point site, except as provided by subsection (2).
(2)  Sections 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 Appendix, 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 Appendix, development is prohibited on land within Zone R2 Low Density Residential unless it is permitted by subsection (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 Appendix, development is prohibited on land within Zone R3 Medium Density Residential unless it is permitted by subsection (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 Appendix, 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 subsection (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.
13A   Demolition requires development consent
The demolition of a building or work may be carried out only with development consent.
Note—
If the demolition of a building or work is identified in an applicable environmental planning instrument, such as Chapter 2 or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, as exempt development, the Act enables it to be carried out without development consent.
13B   Temporary use of land
(1)  The objective of this section 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 Chapter 2, 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 Chapter 2 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 subsection (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 subsection.
(5)  Subsection (3)(d) does not apply to the temporary use of a dwelling as a sales office mentioned in subsection (4).
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 section 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 section), provides for the construction of a building that exceeds the height or floor space ratio restrictions, or both, set out in subsections (1) and (2).
15   Development in proximity to a rail corridor
(1)  This section 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 section 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 section 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 section 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 section, be granted for development even though the development would contravene a development standard imposed by this or any other environmental planning instrument. However, this section does not apply to a development standard that is expressly excluded from the operation of this section.
(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 subsection (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 section 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 section, 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 subsection (4).
(9)  This section 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 section 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, and
(iv)  native fauna and native flora, and their habitats,
can be conserved, and
(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 section 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.
20A   Conversion of fire alarms
(1)  This section applies to a fire alarm system that can be monitored by Fire and Rescue NSW or by a private service provider.
(2)  The following development may be carried out, but only with development consent—
(a)  converting a fire alarm system from connection with the alarm monitoring system of Fire and Rescue NSW to connection with the alarm monitoring system of a private service provider,
(b)  converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with the alarm monitoring system of another private service provider,
(c)  converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with a different alarm monitoring system of the same private service provider.
(3)  Development to which subsection (2) applies is complying development if it consists only of—
(a)  internal alterations to a building, or
(b)  internal alterations to a building together with the mounting of an antenna, and any support structure, on an external wall or roof of a building so as to occupy a space of not more than 450mm × 100mm × 100mm.
(4)  A complying development certificate for any such complying development is subject to a condition that any building work may only be carried out between 7.00 am and 6.00 pm on Monday to Friday and between 7.00 am and 5.00 pm on Saturday, and must not be carried out on a Sunday or a public holiday.
(5)  In this section—
private service provider means a person or body that has entered into an agreement that is in force with Fire and Rescue NSW to monitor fire alarm systems.
21   Preservation of trees or vegetation
(1)  The objective of this section is to preserve the amenity of the area through the preservation of trees and other vegetation.
(2)  This section applies to species or kinds of trees or other vegetation that are prescribed for the purposes of this section by a development control plan made by the council.
Note—
A development control plan may prescribe the trees or other vegetation to which this section applies by reference to species, size, location or other manner.
(3)  A person must not ringbark, cut down, top, lop, remove, injure or wilfully destroy any tree or other vegetation to which any such development control plan applies without the authority conferred by—
(a)  development consent, or
(b)  a permit granted by the 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 section 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 section 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 section 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 subsection, the activities concerned will require development consent. The heritage provisions of section 22 will be applicable to any such consent.
(8)  This section does not apply to or in respect of—
(a)  the clearing of native vegetation that is authorised by a development consent or property vegetation plan under the Native Vegetation Act 2003 or that is otherwise permitted under Division 2 or 3 of Part 3 of that Act, or
(b)  the clearing of vegetation on State protected land (within the meaning of clause 4 of Schedule 3 to the Native Vegetation Act 2003) that is authorised by a development consent under the provisions of the Native Vegetation Conservation Act 1997 as continued in force by that clause, or
(c)  trees or other vegetation within a State forest, or land reserved from sale as a timber or forest reserve under the Forestry Act 1916, or
(d)  action required or authorised to be done by or under the Electricity Supply Act 1995, the Roads Act 1993 or the Surveying Act 2002, or
(e)  plants declared to be noxious weeds under the Noxious Weeds Act 1993.
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 section is not required if—
(a)  the applicant has notified the consent authority of the proposed development and the consent authority has advised the applicant in writing before any work is carried out that it is satisfied that the proposed development—
(i)  is of a minor nature, or is for the maintenance of the heritage item 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 section does not apply to development for the purpose of providing, extending, augmenting, maintaining or repairing any public utility infrastructure.
(3)  In this section, 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 Appendix 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 Appendix 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 section is to identify, for the purposes of section 3.15 of the Act, the authority of the State that will be the relevant authority to acquire land reserved for certain public purposes if the land is required to be acquired under Division 3 of Part 2 of the Land Acquisition (Just Terms Compensation) Act 1991 (the owner-initiated acquisition provisions).
Note—
If the landholder will suffer hardship if there is any delay in the land being acquired by the relevant authority, section 23 of the Land Acquisition (Just Terms Compensation) Act 1991 requires the authority to acquire the land.
(2)  The authority of the State that will be the relevant authority to acquire land, if the land is required to be acquired under the owner-initiated acquisition provisions, is the authority of the State specified below in relation to the land shown on the Land Reservation Acquisition Map (or, if an authority of the State is not specified in relation to land required to be so acquired, the authority designated or determined under those provisions).
Type of land shown on Map
Authority of the State
Nil
 
Note 1—
At the commencement of this Appendix, the Land Reservation Acquisition Map showed no land for acquisition.
Note 2—
If land, other than land specified in the Table to subsection (2), is required to be acquired under the owner-initiated acquisition provisions, the Minister for Planning is required to take action to enable the designation of the acquiring authority under this section. Pending the designation of the acquiring authority for that land, the acquiring authority is to be the authority determined by order of the Minister for Planning (see section 21 of the Land Acquisition (Just Terms Compensation) Act 1991).
(3)  Development on land acquired by an authority of the State under the owner-initiated acquisition provisions may, before it is used for the purpose for which it is reserved, be carried out, with development consent, for any purpose.
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 Appendix 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 section does not apply—
(a)  to a covenant imposed by the council or that the council requires to be imposed, or
(b)  to any relevant instrument within the meaning of section 13.4 of the Crown Land Management Act 2016, 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 section 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 section, approved of subsections (1)–(3).
Appendix 4 Rise Bilambil Heights site
Part 1 Preliminary
1   Land to which Appendix applies
This Appendix applies to the land identified on the Land Application Map, referred to in this Appendix as the Rise Bilambil Heights site.
2   Interpretation
(1)  In this Appendix—
council means the Tweed Shire Council.
(2)  A word or expression used in this Appendix 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 Appendix.
3   Consent authority
The consent authority for development on land within the Rise Bilambil Heights site is the council.
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 Chapter 2 and all other State environmental planning policies.
Part 2 Provisions relating to development in Rise Bilambil Heights site
6   Land use zones
For the purposes of this Appendix, 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 Appendix, development is prohibited on land within Zone R1 General Residential unless it is permitted by subsection (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 Appendix, development is prohibited on land within Zone B4 Mixed Use unless it is permitted by subsection (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 Appendix, 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 subsection (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.
11A   Demolition requires development consent
The demolition of a building or work may be carried out only with development consent.
Note—
If the demolition of a building or work is identified in an applicable environmental planning instrument, such as Chapter 2 or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, as exempt development, the Act enables it to be carried out without development consent.
11B   Temporary use of land
(1)  The objective of this section 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 Chapter 2, 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 Chapter 2 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 subsection (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 subsection.
(5)  Subsection (3)(d) does not apply to the temporary use of a dwelling as a sales office mentioned in subsection (4).
12   Height of buildings
(1)  The objectives of this section 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 section 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 section) provided for the construction of a building that exceeds the height of building set out in subsection (2).
13   Exceptions to development standards
(1)  This section applies to development on land within the Rise Bilambil Heights site.
(2)  The objectives of this section 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 section, be granted for development even though the development would contravene a development standard imposed by this or any other environmental planning instrument. However, this section does not apply to a development standard that is expressly excluded from the operation of this section.
(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 subsection (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 section 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 section, 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 subsection (4).
(9)  This section 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 section 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 section is to require satisfactory arrangements to be made for the provision of designated State public infrastructure before the subdivision of land to which this section 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 section 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 Appendix, 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)  Subsection (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 section, 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 section, 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 section does not apply to development for the purpose of providing, extending, augmenting, maintaining or repairing any public utility infrastructure.
(3)  In this section, 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.
16A   Conversion of fire alarms
(1)  This section applies to a fire alarm system that can be monitored by Fire and Rescue NSW or by a private service provider.
(2)  The following development may be carried out, but only with development consent—
(a)  converting a fire alarm system from connection with the alarm monitoring system of Fire and Rescue NSW to connection with the alarm monitoring system of a private service provider,
(b)  converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with the alarm monitoring system of another private service provider,
(c)  converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with a different alarm monitoring system of the same private service provider.
(3)  Development to which subsection (2) applies is complying development if it consists only of—
(a)  internal alterations to a building, or
(b)  internal alterations to a building together with the mounting of an antenna, and any support structure, on an external wall or roof of a building so as to occupy a space of not more than 450mm × 100mm × 100mm.
(4)  A complying development certificate for any such complying development is subject to a condition that any building work may only be carried out between 7.00 am and 6.00 pm on Monday to Friday and between 7.00 am and 5.00 pm on Saturday, and must not be carried out on a Sunday or a public holiday.
(5)  In this section—
private service provider means a person or body that has entered into an agreement that is in force with Fire and Rescue NSW to monitor fire alarm systems.
17   Infrastructure development and use of existing buildings of the Crown
(1)  This Appendix 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 Appendix 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 section is to identify, for the purposes of section 3.15 of the Act, the authority of the State that will be the relevant authority to acquire land reserved for certain public purposes if the land is required to be acquired under Division 3 of Part 2 of the Land Acquisition (Just Terms Compensation) Act 1991 (the owner-initiated acquisition provisions).
Note—
If the landholder will suffer hardship if there is any delay in the land being acquired by the relevant authority, section 23 of the Land Acquisition (Just Terms Compensation) Act 1991 requires the authority to acquire the land.
(2)  The authority of the State that will be the relevant authority to acquire land, if the land is required to be acquired under the owner-initiated acquisition provisions, is the authority of the State specified below in relation to the land shown on the Land Reservation Acquisition Map (or, if an authority of the State is not specified in relation to land required to be so acquired, the authority designated or determined under those provisions).
Type of land shown on Map
Authority of the State
  
(When this section commenced this Table was blank.)
Note—
If land, other than land specified in the Table to subsection (2), is required to be acquired under the owner-initiated acquisition provisions, the Minister for Planning is required to take action to enable the designation of the acquiring authority under this section. Pending the designation of the acquiring authority for that land, the acquiring authority is to be the authority determined by order of the Minister for Planning (see section 21 of the Land Acquisition (Just Terms Compensation) Act 1991).
(3)  Development on land acquired by an authority of the State under the owner-initiated acquisition provisions may, before it is used for the purpose for which it is reserved, be carried out, with development consent, for any purpose.
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 Appendix 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 section does not apply—
(a)  to a covenant imposed by the council or that the council requires to be imposed, or
(b)  to any relevant instrument within the meaning of section 13.4 of the Crown Land Management Act 2016, 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 section 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 section, approved of subsections (1)–(3).
Appendix 5 Calderwood site
sch 5, hdg: Am 2022 (350), Sch 1[8].
Part 1 Preliminary
1   Land to which Appendix applies
This Appendix applies to the land identified in the Land Application Map, referred to in this Appendix as the Calderwood site.
2   Interpretation
(1)  In this Appendix—
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.
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 section 27(8).
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, and
(c)  is not capable of being registered under the Road Transport (Vehicle Registration) Act 1997,
and includes any associated structures that form part of the dwelling.
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 Appendix 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 Appendix.
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.
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)  Chapter 2, and
(b)  all other State Environmental Planning Policies.
Part 2 Provisions relating to development in Calderwood site
6   Application of Part
(1)  This Part applies to development on land within the Calderwood site, except as provided by subsection (2).
(2)  Sections 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 Appendix, 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 subsection (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 subsection (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 subsection (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 subsection (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 subsection (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 subsection (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 subsection (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.
17A   Demolition requires development consent
The demolition of a building or work may be carried out only with development consent.
Note—
If the demolition of a building or work is identified in an applicable environmental planning instrument, such as Chapter 2 or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, as exempt development, the Act enables it to be carried out without development consent.
18   Minimum subdivision lot size
(1)  The objectives of this section 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 section 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 Appendix.
(3)  The size of any lot resulting from a subdivision of land to which this section 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 Appendix, 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 section.
(5)  This section 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 Appendix, 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 section 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 section 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 section, be granted for development even though the development would contravene a development standard imposed by this or any other environmental planning instrument. However, this section does not apply to a development standard that is expressly excluded from the operation of this section.
(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 subsection (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 section for a subdivision of land in Zone E2 Environmental Conservation.
(8)  After determining a development application made pursuant to this section, 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 subsection (4).
(9)  This section 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 section 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)  In this section—
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 section 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 section applies to land at or below the flood planning level.
(3)  Development consent must not be granted to development on land to which this section 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 section 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 section.
(5)  In this section—
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 section 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 section is not required if—
(a)  the applicant has notified the consent authority of the proposed development and the consent authority has advised the applicant in writing before any work is carried out that it is satisfied that the proposed development—
(i)  is of a minor nature, or is for the maintenance of the heritage item 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 section, 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, or
(b)  within the vicinity of land on which a heritage item is situated,
require 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.
(6) Places of Aboriginal heritage significance The consent authority must, before granting consent under this section 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 Appendix, 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 section 2(1), the location and nature of a heritage item is specified in the following Table—
Table—heritage items
Item name
Address
Property description
Item no
Marshall Mount Methodist Cemetery
Calderwood Road, Calderwood
Lot 1, DP 195342
2
Marshall Mount Homestead and Barn
Marshall Mount Road, Calderwood
Part Lot 2, DP 2534
1
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 section does not apply to development for the purpose of providing, extending, augmenting, maintaining or repairing any public utility infrastructure.
(3)  In this section, 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 section is to provide flexibility where the investigation of a site and its surroundings reveals that a use allowed on the other side of a zone boundary would enable a more logical and appropriate development of the site and be compatible with the planning objectives and land uses for the adjoining zone.
(2)  This section applies to so much of any land that is within the relevant distance of a boundary between any 2 zones. The relevant distance is 50m.
(3)  This section 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 Chapter 2 relating to the purposes for which development may be carried out, consent may be granted to development of land to which this section applies for any purpose that may be carried out in the adjoining zone, but only if the consent authority is satisfied that—
(a)  the development is not inconsistent with the objectives for development in both zones, and
(b)  the carrying out of the development is desirable due to compatible land use planning, infrastructure capacity and other planning principles relating to the efficient and timely development of land.
30   Arrangements for designated State public infrastructure
(1)  This section 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 section is to require satisfactory arrangements to be made for the provision of designated State public infrastructure before the subdivision of land to which this section 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 section 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 Appendix, 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)  Subsection (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 section, 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 section, 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 Appendix 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 Appendix 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 section 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 Appendix, 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 Appendix 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 subsection (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)  Subsection (3)(d) does not apply to the temporary use of a dwelling as a sales office mentioned in subsection (4).
33   Interim land use
(1)  Despite any other provision of this Appendix, development consent may be granted for development on land to which this Appendix 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,
(g)  rural worker’s dwellings,
for a maximum period of 10 years.
(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 Appendix 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.
Appendix 6 Southern Highlands Regional Shooting Complex site
sch 6, hdg: Am 2022 (350), Sch 1[9].
Part 1 Preliminary
1   Land to which Appendix applies
This Appendix 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 Appendix—
Council means the Wingecarribee Shire Council.
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 Appendix 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 Appendix.
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.
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 Chapter 2 and all other State environmental planning policies.
Part 2 Provisions relating to development within Southern Highlands Regional Shooting Complex site
6   Application of Part
(1)  This Part applies to development on land in the Southern Highlands Regional Shooting Complex site, except as provided by subsection (2).
(2)  Sections 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 Chapter 2, 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 Part, development is prohibited on land within Zone SP1 Special Activities unless it is permitted by subsection (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 Part, 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 subsection (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 Appendix 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 Appendix 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 section applies to development, other than development that is part of a transitional Part 3A project.
(2)  The objectives of this section 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 section, be granted for development even though the development would contravene a development standard imposed by this or any other environmental planning instrument. However, this section does not apply to a development standard that is expressly excluded from the operation of this section.
(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 subsection (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 section, 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 subsection (4).
(8)  This section 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   Subdivision—consent requirements
Land to which this Appendix applies may be subdivided, but only with development consent.
Notes—
1   
If a subdivision is specified as exempt development in an applicable environmental planning instrument, such as Chapter 2 or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, the Act enables it to be carried out without development consent.
2   
Part 6 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 provides that the strata subdivision of a building in certain circumstances is complying development.
18   Demolition requires development consent
The demolition of a building or work may be carried out only with development consent.
Note—
If the demolition of a building or work is identified in an applicable environmental planning instrument, such as Chapter 2 or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, as exempt development, the Act enables it to be carried out without development consent.
19   Temporary use of land
(1)  The objective of this section 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 Chapter 2, 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 Chapter 2 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 subsection (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 subsection.
(5)  Subsection (3)(d) does not apply to the temporary use of a dwelling as a sales office mentioned in subsection (4).
20   Conversion of fire alarms
(1)  This section applies to a fire alarm system that can be monitored by Fire and Rescue NSW or by a private service provider.
(2)  The following development may be carried out, but only with development consent—
(a)  converting a fire alarm system from connection with the alarm monitoring system of Fire and Rescue NSW to connection with the alarm monitoring system of a private service provider,
(b)  converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with the alarm monitoring system of another private service provider,
(c)  converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with a different alarm monitoring system of the same private service provider.
(3)  Development to which subsection (2) applies is complying development if it consists only of—
(a)  internal alterations to a building, or
(b)  internal alterations to a building together with the mounting of an antenna, and any support structure, on an external wall or roof of a building so as to occupy a space of not more than 450mm × 100mm × 100mm.
(4)  A complying development certificate for any such complying development is subject to a condition that any building work may only be carried out between 7.00 am and 6.00 pm on Monday to Friday and between 7.00 am and 5.00 pm on Saturday, and must not be carried out on a Sunday or a public holiday.
(5)  In this section—
private service provider means a person or body that has entered into an agreement that is in force with Fire and Rescue NSW to monitor fire alarm systems.
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.
1A   Consent authority in Regional Enterprise Zone
The Planning Secretary is the consent authority for development on land in the Regional Enterprise Zone.
2   Land use zones
The land use zones in the Parkes Activation Precinct are as follows—
Regional Enterprise Zone
SP2 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 Chapter 3) 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 section is subject to the other provisions of Chapter 3.
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; Landscaping material supplies; 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)    (Repealed)
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 section—
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.
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 section 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 section.
(2)  Despite subsection (1), development for the purposes of electricity generating works, other than solar energy farms, 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)    (Repealed)
(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 (Resilience and Hazards) 2021, Chapter 4, and
(e)  not be carried out in a pipeline corridor.
(4)  To be complying development, the development must 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 unless—
(a)  the development is for the purposes of environmental protection works or recreation areas, or
(b)  if the development involves the clearing of native vegetation—development consent has been obtained in accordance with section 10A.
(5)  To be complying development, the development must not involve development that requires development consent under Parkes Local Environmental Plan 2012, clause 5.10, as it applies under this Schedule, section 13.
Division 2 Exempt development
9   Exempt development
(1)  Clauses 2.54A, 2.54B, 2.74A, 2.74B, 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 sections 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 1C is exempt development if—
(a)  it meets the standards specified for that development in Schedule 1C, 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 section 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 section 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 section 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 section applies without development consent.
(4)  Development consent under subsection (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 (Biodiversity and Conservation) 2021, Chapter 2 does not apply to land to which this section applies.
11   Application of provisions of other environmental planning instruments
(1)  Clauses 2.6(1), 2.7, 2.8 and 5.10 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.
(1A)  A reference in Parkes Local Environmental Plan 2012, clause 5.10 to the consent authority is to be read as a reference to the consent authority for the Parkes Activation Precinct.
(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)  section 2.52,
(b)  sections 2.108 and 2.110,
(c)  section 2.125 (other than section 2.125(3) and (5)(a)),
(d)  section 2.158 (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.
Schedule 1A Wagga Wagga Activation Precinct
Part 1 Declaration and zoning
1   Commencement
This Schedule commences on the day on which Wagga Wagga Local Environmental Plan 2010 (Amendment No 45) commences.
2   Declaration of Wagga Wagga Activation Precinct
The land shown as Wagga Wagga Activation Precinct on the State Environmental Planning Policy (Activation Precincts) 2020 Wagga Wagga Activation Precinct Land Application Map is declared to be the Wagga Wagga Activation Precinct.
3   Consent authority in Regional Enterprise Zone
The Planning Secretary is the consent authority for development on land in the Regional Enterprise Zone.
4   Land use zones
The land use zones in the Wagga Wagga Activation Precinct are as follows—
Regional Enterprise Zone
Rural Activity Zone
SP2 Infrastructure Zone
RE1 Public Recreation Zone
E2 Environmental Conservation Zone
5   Zoning of land within Wagga Wagga Activation Precinct
For the purposes of this Schedule, land is within the zones shown on the State Environmental Planning Policy (Activation Precincts) 2020 Wagga Wagga Activation Precinct Land Zoning Map.
6   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 relation to land in 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, Chapter 3 or this Schedule, 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 section is subject to the other provisions of this Policy, Chapter 3 and this Schedule.
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; Home businesses; Home occupations; Roads
3   Permitted with consent
Centre-based child care facilities; Liquid fuel depots; Any other development not specified in item 2 or 4
4   Prohibited
Air transport facilities; Airstrips; Amusement centres; Animal boarding or training establishments; Boat launching ramps; Boat sheds; Camping grounds; Caravan parks; Cellar door premises; Cemeteries; Charter and tourism boating facilities; Correctional centres; Dairies (restricted); Eco-tourist facilities; Early education and care facilities; Entertainment facilities; Exhibition homes; Exhibition villages; Extractive industries; Forestry; Heavy industrial storage establishments; Heavy industries; Helipads; Home industries; Home occupations (sex services); Hospitals; Jetties; Marinas; Markets; Mooring pens; Moorings; Neighbourhood supermarkets; Open cut mining; Places of public worship; Port facilities; Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Residential accommodation; Respite day care centres; Restricted premises; Roadside stalls; Schools; Sex services premises; Small bars; Tourist and visitor accommodation; Water recreation structures
Rural Activity Zone
1   Objectives of zone
  To provide a transition between rural and urban land uses.
  To protect and enhance the rural character of Wagga Wagga Activation Precinct and contribute to the surrounding environment and its amenity.
  To provide a buffer between future residential and employment growth areas.
  To support agricultural and rural land uses.
2   Permitted without consent
Environmental protection works; Extensive agriculture; Home businesses; Home occupations; Roads
3   Permitted with consent
Agriculture; Animal boarding or training establishments; Car parks; Community facilities; Educational establishments; Emergency services facilities; Environmental facilities; Farm buildings; Flood mitigation works; Industrial training facilities; Information and education facilities; Kiosks; Recreation areas; Research stations; Rural supplies; Sewerage systems; Signage; Water supply systems
4   Prohibited
Biosolids treatment facilities; Intensive livestock agriculture; Schools; Sewage treatment plants; Water recycling facilities; Any other development not specified in item 2 or 3
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; Flood mitigation works; The purpose shown on the State Environmental Planning Policy (Activation Precincts) 2020 Wagga Wagga 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
RE1 Public Recreation Zone
1   Objectives of zone
  To enable land to be used for public open space or recreational purposes.
  To provide a range of recreational settings and activities and compatible land uses.
  To protect and enhance the natural environment for recreational purposes.
  To protect and enhance the natural environment generally and to assist in ensuring that areas of high ecological, scientific, cultural or aesthetic values are maintained or improved.
2   Permitted without consent
Environmental facilities; Environmental protection works; Roads
3   Permitted with consent
Aquaculture; Community facilities; Flood mitigation works; Information and education facilities; Kiosks; Markets; Recreation areas; Research stations; Sewage reticulation systems; Signage; Water reticulation systems
4   Prohibited
Any development not specified in item 2 or 3
E2 Environmental Conservation Zone
1   Objectives of zone
  To protect, manage and restore areas of high ecological, scientific, cultural or aesthetic values.
  To prevent development that could destroy, damage or otherwise have an adverse effect on those values.
  To provide for cultural activities that promote recognition of country and appreciation of the natural environment, consistent with the protection of those values.
2   Permitted without consent
Environmental protection works
3   Permitted with consent
Community facilities; Environmental facilities; Flood mitigation works; Information and education facilities; Oyster aquaculture; Recreation areas; Research stations; Roads; Sewage reticulation systems; Water reticulation systems
4   Prohibited
Business premises; Hotel or motel accommodation; Multi dwelling housing; Pond-based aquaculture; Residential flat buildings; Restricted premises; Retail premises; Seniors housing; Service stations; Tank-based aquaculture; Warehouse or distribution centres; Any other development not specified in item 2 or 3
Part 3 Exempt and complying development
Division 1 General
7   Exempt and Complying Development SEPP does not apply to land in Wagga Wagga Activation Precinct
State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 does not apply to land in the Wagga Wagga Activation Precinct, except as provided by this Part.
8   Complying development
(1)  Development that is permitted with development consent on land in the Wagga Wagga Activation Precinct is complying development if the development is carried out in compliance with the development standards specified in this section.
(2)  Despite subsection (1), development for the following purposes is not complying development—
(a)  electricity generating works, other than solar energy farms,
(b)  centre-based child care facilities.
(3)  To be complying development, the development must—
(a)  meet the relevant provisions of the Building Code of Australia, and
(b)  not be for the purpose of remediation work within the meaning of State Environmental Planning Policy (Resilience and Hazards) 2021, Chapter 4, and
(c)  not be carried out in a pipeline corridor, and
(d)  not be a major hazard facility, and
(e)  be carried out in accordance with the relevant provisions of the Blue Book, and
(f)  be installed in accordance with the manufacturer’s specifications, if applicable, and
(g)  if the development comprises the erection of a building—not be carried out within 1 metre of a public sewer except with the written approval of the authority that has management or control of that sewer, and
(h)  must not involve the removal of asbestos, unless that removal is undertaken in accordance with How To Safely Remove Asbestos: Code of Practice, ISBN 978 0 642 33317 9, published by Safe Work Australia in July 2020.
(4)  To be complying development, the development must not be carried out on land identified as within an environmentally sensitive area on the State Environmental Planning Policy (Activation Precincts) 2020 Wagga Wagga Activation Precinct Environmentally Sensitive Areas Map unless—
(a)  the development is for the purposes of environmental protection works or recreation areas, or
(b)  if the development involves the clearing of native vegetation—development consent has been obtained in accordance with section 12.
(5)  To be complying development, the development must not involve development that requires development consent under Wagga Wagga Local Environmental Plan 2010, clause 5.10, as it applies under this Schedule, section 13.
(6)  In this section—
Blue Book has the same meaning as in State Environmental Planning Policy (Transport and Infrastructure) 2021, Chapter 2.
major hazard facility has the same meaning as in the Work Health and Safety Regulation 2017.
Division 2 Exempt development
9   Exempt development
(1)  The following provisions of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 apply to land in the Wagga Wagga Activation Precinct—
(a)  for land in the Regional Enterprise Zone—clauses 2.6C, 2.6D, 2.9, 2.10, 2.13, 2.14, 2.20A, 2.20B, 2.23–2.24, 2.27–2.30, 2.30A, 2.30B, 2.37, 2.38, 2.39–2.40B, 2.46A, 2.46B, 2.47, 2.48, 2.51, 2.52, 2.54A–2.56, 2.61, 2.62, 2.71–2.72D, 2.74. 2.74B, 2.75–2.78, 2.78E–2.80, 2.98–2.105, 2.109–2.112 and 2.117–2.124,
(b)  for land in the RE1 Public Recreation Zone—clauses 2.57 and 2.58,
(c)  for land in the Rural Activity Zone—clauses 2.9–2.14, 2.27–2.30, 2.30A, 2.30B, 2.35, 2.36, 2.46A–2.48, 2.51, 2.52, 2.54A–2.56, 2.71–2.72B, 2.75, 2.76, 2.79, 2.80, 2.98, 2.99, 2.104 and 2.105,
(d)  for land in the Rural Activity Zone but only in relation to existing residential premises—clauses 2.17, 2.18, 2.21, 2.22, 2.39, 2.40, 2.42A, 2.42B, 2.57–2.62, 2.69, 2.70, 2.73 and 2.74.
(2)  Development specified in those clauses is exempt development if—
(a)  it is exempt development for the purposes of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, and
(b)  it is not on land identified as within an environmentally sensitive area on the State Environmental Planning Policy (Activation Precincts) 2020 Wagga Wagga Activation Precinct Environmentally Sensitive Areas Map, and
(c)  it complies with State Environmental Planning Policy (Transport and Infrastructure) 2021, section 2.20(2)(a)–(f).
(3)  Development specified in Schedule 1C is exempt development if—
(a)  it meets the standards specified for the development in Schedule 1C, and
(b)  it is not on land identified as within an environmentally sensitive area on the State Environmental Planning Policy (Activation Precincts) 2020 Wagga Wagga Activation Precinct Environmentally Sensitive Areas Map, and
(c)  it is not on land on which a heritage item or Aboriginal object is located or land in a heritage conservation area or Aboriginal place of heritage significance, and
(d)  it meets the relevant provisions of the Building Code of Australia, and
(e)  it complies with State Environmental Planning Policy (Transport and Infrastructure) 2021, section 2.20(2)(a)–(f).
Part 4 Miscellaneous
10   Controls relating to miscellaneous permissible uses
(1) Industrial retail outlets If development for the purpose of an industrial retail outlet is permitted under this Schedule, the retail floor area must not exceed whichever is the lesser of the following areas—
(a)  30% of the gross floor area of the industry or rural industry located on the same land as the retail outlet,
(b)  400 square metres.
(2) Kiosks If development for the purpose of a kiosk is permitted under this Schedule, the gross floor area must not exceed 20 square metres.
(3) Neighbourhood shops If development for the purpose of a neighbourhood shop is permitted under this Schedule, the retail floor area must not exceed 100 square metres.
(4) Artisan food and drink industries If development for the purpose of an artisan food and drink industry is permitted under this Schedule, the floor area used for retail sales, not including any cafe or restaurant area, must not exceed whichever is the lesser of the following areas—
(a)  30% of the gross floor area of the industry,
(b)  400 square metres.
11   Additional permitted uses
(1)  Development for the following purposes is permitted with development consent on land identified as C” on the State Environmental Planning Policy (Activation Precincts) 2020 Wagga Wagga Activation Precinct Additional Permitted Uses Map
(a)  light industries,
(b)  general industries,
(c)  storage premises,
(d)  self-storage units,
(e)  hardware and building supplies,
(f)  landscaping material supplies,
(g)  plant nurseries,
(h)  industrial retail outlets,
(i)  wholesale supplies.
(2)  Development for the purposes of solar energy farms is permitted with development consent on land in the Rural Activity Zone identified as A” or B” on the State Environmental Planning Policy (Activation Precincts) 2020 Wagga Wagga Activation Precinct Additional Permitted Uses Map.
(3)  However, development for the purpose of solar energy farms is not permitted on land in the Rural Activity Zone identified as A” if the area of the land on which the development is proposed to be carried out exceeds 35 hectares.
(4)  This section has effect despite anything to the contrary in the Land Use Table or other provision of this Schedule.
12   Preservation of trees and vegetation
(1)  The objectives of this section are as follows—
(a)  to preserve the amenity of the Wagga Wagga 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 section applies to land identified as within an environmentally sensitive area on the State Environmental Planning Policy (Activation Precincts) 2020 Wagga Wagga Activation Precinct Environmentally Sensitive Areas Map.
(3)  A person must not clear native vegetation on land to which this section applies without development consent.
(4)  Development consent under subsection (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 (Biodiversity and Conservation) 2021, Chapter 2 does not apply to land to which this section applies.
13   Heritage conservation
(1)  Wagga Wagga Local Environmental Plan 2010, clause 5.10 applies to the heritage items specified in the following table in the same way as it applies to heritage items under that Plan—
Suburb
Item name
Address
Property description
Significance
Item No
Bomen
Bomen railway station
46 Dampier Street
Lot 3, DP 852602
State
I1
Bomen
Bomen stationmaster’s residence
58 Dampier Street
Lot 1, DP 830096
Local
I2
Brucedale
Brucedale Hall and tennis courts
1 Brucedale Drive and 1575 Olympic Highway
Lot 12, DP 751422; Lot 7003, DP 1068668
Local
I3
Brucedale
Hopevale
1365 Olympic Highway
Lot 1, DP 747583
Local
I6
Brucedale
2WG Radio broadcasting facility
1430 Olympic Highway
Lot 1, DP 374504
Local
I7
Brucedale
Postal receiving office (former) and Devonhurst” farm shed
1554 and 1556 Olympic Highway
Lot 336, DP751422; Lot 335, DP751422
Local
I8
Brucedale
Holy Family Chapel
1555 Olympic Highway
Lot 431, DP 751422
Local
I5
Brucedale
Brucedale Public School (former)
1563 Olympic Highway
Lot 433, DP 751422
Local
I4
(2)  A reference in Wagga Wagga Local Environmental Plan 2010, clause 5.10 to the consent authority is to be read as a reference to the consent authority for the Wagga Wagga Activation Precinct.
Wagga Wagga Local Environmental Plan 2010, clauses 2.6–2.8, 5.1, 5.8 and 5.11 apply to land in the Wagga Wagga Activation Precinct in the same way as they apply to land to which that Plan applies.
(1)  State Environmental Planning Policy (Transport and Infrastructure) 2021, Chapter 2 applies to land in the Wagga Wagga Activation Precinct, subject to the modifications set out in this section.
(2)  The following zones in the Wagga Wagga Activation Precinct are taken to be a prescribed zone for the purposes of the specified provisions of State Environmental Planning Policy (Transport and Infrastructure) 2021
(a)  the Regional Enterprise Zone for sections 2.31, 2.92, 2.94(1)(a) and 2.126,
(b)  the Regional Enterprise and Rural Activity Zones for sections 2.52(1), 2.105 and 2.106(1),
(c)  all zones for sections 2.110(2) and 2.112.
(3)  State Environmental Planning Policy (Transport and Infrastructure) 2021, section 2.41(1), (3) and (4)(f)(ii) and (iii) does not apply to land in the Wagga Wagga Activation Precinct.
(4)  For the purposes of State Environmental Planning Policy (Transport and Infrastructure) 2021, section 2.159(2)(a), the Regional Enterprise and Rural Activity Zones are taken to be an equivalent land use zone.
16   Existing development applications
A development application for development on land in the Wagga Wagga 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 1A: Ins 2022 (48), Sch 1[14]. Am 2022 (117), cl 4; 2022 (519), cl 5.
Schedule 1B Moree Activation Precinct
Part 1 Declaration and zoning
1   Commencement
This Schedule commences on 30 September 2022.
2   Declaration of Moree Activation Precinct
The land shown as Moree Activation Precinct on the State Environmental Planning Policy (Activation Precincts) 2020 Moree Activation Precinct Land Application Map is declared to be the Moree Activation Precinct.
3   Consent authority in Regional Enterprise Zone
The Planning Secretary is the consent authority for development on land in the Regional Enterprise Zone.
4   Land use zones
The land use zones in the Moree Activation Precinct are as follows—
Regional Enterprise Zone
Rural Activity Zone
SP1 Special Activities Zone
SP2 Infrastructure Zone
5   Zoning of land within Moree Activation Precinct
For the purposes of this Schedule, land is within the zones shown on the State Environmental Planning Policy (Activation Precincts) 2020 Moree Activation Precinct Land Zoning Map.
6   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 relation to land in 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, Chapter 3 or this Schedule, 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 section is subject to the other provisions of this Policy, Chapter 3 and this Schedule.
Land Use Table
Regional 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 encourage the development of industry leading renewable energy generation and resource and waste management.
2   Permitted without consent
Environmental protection works; Extensive agriculture; Farm Buildings; Home businesses; Home industries; Home occupations; Roads
3   Permitted with consent
Centre-based child care facilities; Hotel or motel accommodation; Any other development not specified in item 2 or 4; Any other development that is ordinarily incidental or ancillary to development for a purpose permitted with consent
4   Prohibited
Air transport facilities; Airstrips; Amusement centres; Boat launching ramps; Boat sheds; Camping grounds; Caravan parks; Cellar door premises; Cemeteries; Charter and tourism boating facilities; Eco-tourist facilities; Entertainment facilities; Exhibition homes; Exhibition villages; Extractive industries; Forestry; Hazardous storage establishments; Heavy industries; Helipads; Home occupations (sex services); Home-based child care; Hospitals; Jetties; Marinas; Markets; Mooring pens; Moorings; Neighbourhood supermarkets; Offensive storage establishments; Open cut mining; Places of public worship; Port facilities; Residential accommodation; Respite day care centres; Restricted premises; Roadside stalls; Schools; Sex services premises; Small bars; Tourist and visitor accommodation
Rural Activity Zone
1   Objectives of zone
  To provide a transition between rural and urban land uses.
  To support agricultural and rural land uses.
2   Permitted without consent
Building identification signs; Business identification signs; Environmental protection works; Extensive agriculture; Home businesses; Home industries; Home occupations; Roads
3   Permitted with consent
Agriculture; Car parks; Community facilities; Educational establishments; Electricity generating works; Emergency services facilities; Environmental facilities; Farm buildings; Flood mitigation works; Industrial training facilities; Information and education facilities; Light industries; Recreation areas; Recreational facilities (outdoor); Research stations; Sewage reticulations systems; Signage; Water reticulation systems
4   Prohibited
Any development not specified in item 2 or 3
SP1 Special Activities
1   Objectives of zone
  To provide for special land uses that are not provided for in other zones.
  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.
  To provide for sites with special natural characteristics that are not provided for in other zones.
2   Permitted without consent
Roads
3   Permitted with consent
Aquaculture; The purpose shown on the State Environmental Planning Policy (Activation Precincts) 2020 Moree 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
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
Aquaculture; Roads
3   Permitted with consent
The purpose shown on the State Environmental Planning Policy (Activation Precincts) 2020 Moree 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 Exempt and complying development
Division 1 General
7   Exempt and Complying Development SEPP does not apply to land in Moree Activation Precinct
State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 does not apply to land in the Moree Activation Precinct, except as provided by this Part.
8   Complying development
(1)  Development that is permitted with development consent on land in the Moree Activation Precinct is complying development if the development is carried out in compliance with the development standards specified in this section.
(2)  Despite subsection (1), development for the following purposes is not complying development—
(a)  electricity generating works, other than solar energy farms,
(b)  centre-based child care facilities.
(3)  To be complying development, the development must—
(a)  meet the relevant provisions of the Building Code of Australia, and
(b)  not be for the purpose of remediation work within the meaning of State Environmental Planning Policy (Resilience and Hazards) 2021, Chapter 4, and
(c)  not be carried out in a pipeline corridor, and
(d)  not be a major hazard facility, and
(e)  be carried out in accordance with the relevant provisions of the Blue Book, and
(f)  be installed in accordance with the manufacturer’s specifications, if applicable, and
(g)  if the development comprises the erection of a building—not be carried out within 1 metre of a public sewer except with the written approval of the authority that has management or control of the sewer, and
(h)  not involve the removal of asbestos, unless the removal is undertaken in accordance with How To Safely Remove Asbestos: Code of Practice, ISBN 978 0 642 33317 9, published by Safe Work Australia in July 2020.
(4)  To be complying development, the development must not be carried out on land identified as within an environmentally sensitive area on the State Environmental Planning Policy (Activation Precincts) 2020 Moree Activation Precinct Environmentally Sensitive Areas Map unless—
(a)  the development is for the purposes of environmental protection works or recreation areas, or
(b)  if the development involves the clearing of native vegetation—development consent has been obtained in accordance with section 10.
(5)  To be complying development, the development must not involve development that requires development consent under Moree Plains Local Environmental Plan 2011, clause 5.10, as it applies under this Schedule, section 11.
(6)  In this section—
Blue Book has the same meaning as in State Environmental Planning Policy (Transport and Infrastructure) 2021, Chapter 2.
major hazard facility has the same meaning as in the Work Health and Safety Regulation 2017.
Division 2 Exempt development
9   Exempt development
(1)  The following provisions of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 apply to land in the Moree Activation Precinct—
(a)  for land in the Regional Enterprise Zone—clauses 2.6C, 2.6D, 2.9, 2.10, 2.13, 2.14, 2.20A, 2.20B, 2.23–2.24, 2.27–2.30, 2.30A, 2.30B, 2.37–2.40B, 2.47, 2.48, 2.51, 2.52, 2.54A–2.56, 2.61–2.66, 2.71–2.72D, 2.74A, 2.74B, 2.75–2.78, 2.78E–2.80, 2.98–2.105, 2.108–2.112 and 2.117–2.124,
(b)  for land in the Rural Activity Zone—clauses 2.27–2.30, 2.30A, 2.30B, 2.35, 2.36, 2.46A–2.48, 2.51, 2.52, 2.54A–2.56, 2.71–2.72B, 2.75, 2.76, 2.79, 2.80, 2.98, 2.99, 2.104 and 2.105.
(2)  Development specified in those clauses is exempt development if—
(a)  it is exempt development for the purposes of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, and
(b)  it is not on land identified as within an environmentally sensitive area on the State Environmental Planning Policy (Activation Precincts) 2020 Moree Activation Precinct Environmentally Sensitive Areas Map, and
(c)  it complies with State Environmental Planning Policy (Transport and Infrastructure) 2021, section 2.20(2)(a)–(f).
(3)  Development specified in Schedule 1C is exempt development if—
(a)  it meets the standards specified for the development in Schedule 1C, and
(b)  it is not on land identified as within an environmentally sensitive area on the State Environmental Planning Policy (Activation Precincts) 2020 Moree Activation Precinct Environmentally Sensitive Areas Map, and
(c)  it is not on land on which a heritage item or Aboriginal object is located or land in a heritage conservation area or Aboriginal place of heritage significance, and
(d)  it meets the relevant provisions of the Building Code of Australia, and
(e)  it complies with State Environmental Planning Policy (Transport and Infrastructure) 2021, section 2.20(2)(a)–(f).
Part 3 Miscellaneous
10   Preservation of trees and vegetation
(1)  The objectives of this section are as follows—
(a)  to preserve the amenity of the Moree 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 section applies to land identified as within an environmentally sensitive area on the State Environmental Planning Policy (Activation Precincts) 2020 Moree Activation Precinct Environmentally Sensitive Areas Map.
(3)  A person must not clear native vegetation on land to which this section applies without development consent.
(4)  Development consent under subsection (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 (Biodiversity and Conservation) 2021, Chapter 2 does not apply to land to which this section applies.
(1)  Moree Plains Local Environmental Plan 2011, clauses 2.6–2.8, 5.1, 5.8, 5.10 and 7.3–7.5 apply to land in the Moree Activation Precinct in the same way as they apply to land to which that Plan applies.
(2)  A reference in Moree Plains Local Environmental Plan 2011, clauses 5.10 and 7.3–7.5 to the consent authority is to be read as a reference to the consent authority for the Moree Activation Precinct.
(1)  State Environmental Planning Policy (Transport and Infrastructure) 2021, Chapter 2 applies to land in the Moree Activation Precinct, subject to the modifications set out in this section.
(2)  The following zones in the Moree Activation Precinct are taken to be prescribed zones for the purposes of the specified provisions of the State Environmental Planning Policy (Transport and Infrastructure) 2021
(a)  the Regional Enterprise Zone for sections 2.31, 2.51(1), 2.94(1)(a), 2.105, 2.106(1), 2.126 and 2.159(4),
(b)  the Rural Activity Zone for sections 2.52(1), 2.105 and 2.106(1),
(c)  all zones for sections 2.109(2) and 2.111.
(3)  State Environmental Planning Policy (Transport and Infrastructure) 2021, section 2.41(1), (3) and (4)(f)(ii) and (iii) does not apply to land in the Moree Activation Precinct.
(4)  For the purposes of State Environmental Planning Policy (Transport and Infrastructure) 2021, section 2.159(2)(a), the Regional Enterprise Zone and the Rural Activity Zone are taken to be an equivalent land use zone.
(5)  State Environmental Planning Policy (Transport and Infrastructure) 2021, sections 3.41(7) and 3.48(7) do not apply to land in the Moree Activation Precinct.
13   Existing development applications
A development application for development on land in the Moree 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 1B: Ins 2022 (48), Sch 1[14]. Am 2022 (116), cl 4; 2022 (350), Sch 1[1].
Schedule 1C Exempt development—Chapter 3
sch 1C, hdg: Am 2022 (350), Sch 1[2].
Development purpose
Development standards
Access ramps
Must not interfere with the functioning of existing drainage fixtures or the natural surface flow of water.
If located on bush fire prone land and less than 5m from a dwelling—must be constructed of non-combustible material.
Aerials, antennae and communication dishes
Must resist loads in accordance with AS\NZS 1170.0:2002, Structural design actions, Part 0: General Principles and AS\NZS 1170.2:2011, Structural design actions - Part 2: Wind actions.
Must be anchored by a concrete slab or footing designed in accordance with AS 3600:2018,Concrete structures.
Air-conditioning units
Must be located on the wall or roof of a building that faces the primary road, or forward of the building line to the primary road.
Must not reduce the existing fire resistance level of a wall.
Must be designed so as not to operate during peak time at a noise level that exceeds 5 dB(A) above the ambient background noise level measured at any property boundary.
Bollards
Must not reduce any existing means of entry to, or exit from, any such associated development or the lot on which it is situated.
Must not have a floor area of more than 100m.
Must not involve the construction of a new driveway or gutter crossing unless the consent of the relevant road authority for each opening of a public road required for the development has been obtained under the Roads Act 1993.
Must not be located between the building line and the primary road.
Emergency services facilities—Wagga Wagga Activation Precinct only
Must be carried out by or on behalf of the NSW Rural Fire Service.
Must not be constructed or installed on or in a heritage item, heritage conservation area, land on which an Aboriginal object is located or land at or below the flood planning level.
Must be located on land in the Rural Activity Zone.
Must not have an area of more than 140m.
Must not exceed a height of 5m above ground level (existing).
Must be located at a distance of at least 20m from the primary road frontage and at least 10m from each other lot boundary.
Must not be constructed or installed within 50m of a dwelling.
Must be located at least 50m from a natural waterbody.
To the extent it is comprised of metal components—must be constructed of low reflective materials and designed and constructed in accordance with a professional engineer’s specifications.
If it is located on bush fire prone land—must be constructed in accordance with Planning for Bush Fire Protection, ISBN 978 0 646 99126 9, prepared by the NSW Rural Fire Service in November 2019.
Emergency work and repairs, consisting of the repair of any damage to a building or structure caused by an event that constitutes a significant and widespread danger to life or property in land in the Activation Precinct in an area declared by an order under the State Emergency and Rescue Management Act 1989, section 33 to be an area where a state of emergency exists
Must be carried out within 6 months of the declaration being made.
Must not change the configuration of the floor space of the building or structure being repaired.
Must not increase the floor space of the building or structure being repaired.
Farm building, other than a stock holding yard, grain silo or grain bunker—Parkes, Wagga Wagga and Moree Activation Precincts only
Must not be used for habitable purposes.
Stock holding yard—Parkes, Wagga Wagga and Moree Activation Precincts only
Must not be used for habitable purposes.
Must not include or comprise a stock and sale yard.
Must not be roofed.
Must be located at least 10m from any road boundary and at least 200m from any other boundary.
Must be located at least 200m from any dwelling that is located on land on the opposite side of a road that separates the landholding on which the development is located and that other lot.
Must be located at least 6m from any other farm building, including any farm building that is a grain silo or grain bunker, on the landholding or on an adjoining landholding.
Must be located at least 100m from a waterbody (natural).
Grain silo or grain bunker—Parkes, Wagga Wagga and Moree Activation Precincts only
Must not be used for habitable purposes.
Must be located at least 100m from any dwelling.
Must be located at least 6m from any other farm building, including any farm building that is a stock holding yard, on the landholding or on an adjoining landholding.
Must be located at least 50m from a waterbody (natural).
Signage—Parkes Activation Precinct only
Must be a business identification sign and must not include advertising of goods or services.
Must have the consent in writing of the owner of the land on which the sign is to be located and, if the sign or part of the sign projects over adjoining land, the consent of the owner of the adjoining land.
Must be approved under section 138 of the Roads Act 1993, if the sign or part of the sign projects over a public road, including a footway.
Must not obstruct or interfere with a traffic sign.
Signage—Wagga Wagga and Moree Activation Precincts only
Must be a business identification sign or a building identification sign and not include advertising of goods or services.
Must have the consent in writing of the owner of the land on which the sign is to be located and, if the sign or part of the sign projects over adjoining land, the consent of the owner of the adjoining land.
Must be approved under section 138 of the Roads Act 1993, if the sign or part of the sign projects over a public road, including a footway.
Must not obstruct or interfere with a traffic sign.
Must be erected at right angles to the wall of the building to which it is attached.
Must not be illuminated or flashing.
Must be constructed of non-reflective materials.
Must not be more than 1.5m in area.
Must not result in more than one building identification sign for the building.
Must not result in more than one business identification sign for a business.
Must not be located on or in a heritage item or heritage conservation area.
Fuel tanks and gas storage (above ground)—Parkes, Wagga Wagga and Moree Activation Precincts only
Must not have a capacity of more than—
(a)  for a fuel tank—5,000 L, or
(b)  for a gas tank—1,000 L.
Must be located at least 20m from the primary road frontage of the lot and at least 10m from each other lot boundary.
Must be bunded with the capacity to contain at least 110% of the capacity of the tank.
Must be located at least 1m from any registered easement, sewer main or water main.
For a fuel tank—must be constructed of prefabricated metal, be freestanding and installed in accordance with the requirements of AS 1940:2017, The storage and handling of flammable and combustible liquids.
For a gas tank—must be designed and constructed in accordance with the requirements of AS/NZS 1596:2014, The storage and handling of LP Gas by a professional engineer.
Note—
Other existing legislative requirements still apply in relation to work health and safety issues.
Minor external non-structural building alteration, including the following—
(a)  painting, plastering, cement rendering, cladding, attaching fittings or decorative work,
(b)  the replacement of an external window, glazing areas or a door, other than those on bush fire prone land,
(c)  the repair to or replacement of a non-structural wall or roof cladding,
(d)  the installation of a security screen or grill to a door or window or a security door,
(e)  the repair to or replacement of a balustrade,
(f)  restumping or repairing structure foundations without increasing the height of the structure.
Must not reduce the existing fire resistance level of a wall or roof.
If located on bush fire prone land, must be adequately sealed or protected to prevent the entry of embers and must use equivalent or improved quality materials.
Must not affect any existing fire resisting components of the building.
Must not involve the use of external combustible cladding.
Must not affect the means of egress from the building in an emergency.
Rainwater tanks (above and below ground)—Parkes and Wagga Wagga Activation Precincts only
Must not have a capacity of more than 25,000 litres.
Must be fitted with a screened rain head designed to ensure self-cleaning and prevent leaf litter entering into the water tank.
Must be fitted with a first-flush device incorporating an automatic resetting valve that causes initial run-off rainwater to bypass the tank.
Must be constructed or installed with inlets and outlets designed to prevent mosquitoes breeding in it.
Must have its overflow connected to an existing stormwater drainage system that does not discharge to an adjoining property, or cause a nuisance to adjoining owners.
Must have a sign affixed to it with a statement to the effect that the water in the tank is rainwater.
If reticulated water is provided to the lot—must not be interconnected with any system supplying drinking water to the lot unless it complies with the Council’s requirements.
Demolition of development that would be exempt development under this Policy, Chapter 3 if it were being constructed or installed
If demolition involves the removal of asbestos, that removal must be undertaken in accordance with How To Safely Remove Asbestos: Code of Practice, ISBN 978 0 642 33317 9, published by Safe Work Australia in July 2020.
Letter boxes
 
sch 1C: Ins 2022 (48), Sch 1[14]. Am 2022 (350), Sch 1[3] [4].
Schedule 1D Snowy Mountains Activation Precinct
Part 1 Declaration and zoning
1   Declaration of Snowy Mountains Activation Precinct
The land shown as Snowy Mountains Activation Precinct on the Land Application Map is declared to be the Snowy Mountains Activation Precinct.
2   Consent authority for certain development
(1)  The Planning Secretary is the consent authority for development on land in the Snowy Mountains Activation Precinct with a capital investment value of more than $2 million.
(2)  In this section—
capital investment value has the same meaning as in Environmental Planning and Assessment Regulation 2021.
3   Definitions
In this Schedule—
agritourism means the following—
(a)  farm experience premises,
(b)  farm gate premises.
Blue Book has the same meaning as in State Environmental Planning Policy (Transport and Infrastructure) 2021, Chapter 2.
farm experience premises means a building or place on a working farm that—
(a)  is used to provide visitors to the farm with small scale and low impact tourist or recreational services on a commercial basis, including the following—
(i)  horse riding,
(ii)  farm tours,
(iii)  functions or conferences,
(iv)  farm field days, and
(b)  is ancillary to the farm.
farm gate premises means a building or place on a working farm, including cellar door premises, that—
(a)  is used to provide visitors to the farm with agricultural products predominantly from the farm or other farms in the region or with services or activities related to the products, including the following—
(i)  processing, packaging and sale of the products, but not processing of animals,
(ii)  a restaurant or cafe,
(iii)  a facility for holding tastings or workshops, or providing information or education, related to the products, and
(b)  is ancillary to the farm.
primary production business has the same meaning as in the Income Tax Assessment Act 1997 of the Commonwealth and includes a business that—
(a)  was a primary production business, and
(b)  has temporarily ceased to be a primary production business because of a natural disaster.
staff accommodation means a building used for the accommodation of staff employed to work in the Snowy Monaro Regional local government area.
working farm means a farm on which agriculture is undertaken that is—
(a)  a primary production business, or
(b)  on land categorised as farmland under the Local Government Act 1993 section 515.
4   Land use zones
The land use zones in the Snowy Mountains Activation Precinct are as follows—
SP1 Special Activities Zone
SP3 Tourist Zone
SP4 Enterprise Zone
RE1 Public Recreation Zone
5   Zoning of land within Snowy Mountains Activation Precinct
For the purposes of this Schedule, land is within the zones shown on the State Environmental Planning Policy (Precincts—Regional) 2021 Snowy Mountains Activation Precinct Land Zoning Map.
6   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 relation to land in 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, Chapter 3 or this Schedule, 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 section is subject to the other provisions of this Policy, Chapter 3 and this Schedule.
Land Use TableSP1 Special Activities
1   Objectives of zone
  To provide for special land uses that are not provided for in other zones.
  To facilitate development that is in keeping with the special characteristics of the site or its existing or intended special use, and that minimises adverse impacts on surrounding land.
  To provide for sites with special natural characteristics that are not provided for in other zones.
2   Permitted without consent
Roads
3   Permitted with consent
Boat building and repair facilities; Boat launching ramps; Boat sheds; Camping grounds; Car parks; Charter and tourism boating facilities; Community facilities; Emergency services facilities; Environmental facilities; Environmental protection works; Information and education facilities; Jetties; Kiosks; Marinas; Mooring pens; Moorings; Recreation areas; Recreation facilities (outdoor); Research stations; Restaurants or cafes; Water recreation structures; Wharf or boating facilities; The purpose shown on the State Environmental Planning Policy (Precincts—Regional) 2021 Snowy Mountains 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
SP3 Tourist
1   Objectives of zone
  To provide for tourist facilities, recreation, businesses and amenities in suitable locations.
  To ensure that services and infrastructure required to support the area can be delivered in an orderly way.
  To ensure development is consistent with the rural setting, environmental and scenic values and landscape features of the area.
  To enable development that complements development for tourism purposes without adversely affecting the retail hierarchy of local centres and villages.
2   Permitted without consent
Extensive agriculture; Roads
3   Permitted with consent
Agritourism; Artisan food and drink industries; Boat sheds; Building identification signs; Business identification signs; Camping grounds; Car parks; Caravan parks; Charter and tourism boating facilities; Community facilities; Creative industries; Eco-tourist facilities; Emergency services facilities; Entertainment facilities; Environmental facilities; Environmental protection works; Food and drink premises; Function centres; Helipads; Information and education facilities; Kiosks; Marinas; Markets; Mooring pens; Moorings; Passenger transport facilities; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Registered clubs; Research stations; Roads; Staff accommodation; Tourist and visitor accommodation; Water recreation structures; Wharf or boating facilities.
4   Prohibited
Any development not specified in item 2 or 3
SP4 Enterprise Zone
1   Objectives of zone
  To provide for development and land uses that support enterprise and productivity.
  To provide a range of retail, business, recreation, entertainment and community uses to meet local and tourist needs.
  To ensure development is located to optimise access to and improve connectivity with the Lake Jindabyne foreshore.
  To promote the unique scenic and built character of Jindabyne and the Alpine region.
  To promote high quality urban design of built forms.
  To ensure that services and infrastructure required to support the area can be delivered in an orderly way.
  To provide for recreation, business and amenities in suitable locations.
2   Permitted without consent
Environmental protection works; Home occupations; Roads
3   Permitted with consent
Home industries; Any other development not specified in item 2 or 4
4   Prohibited
Agriculture; Air transport facilities; Airstrips; Animal boarding or training establishments; Biosolids treatment facilities; Boat building and repair facilities; Boat launching ramps; Boat sheds; Cemeteries; Crematoria; Depots; Dwelling houses; Dual occupancies; Exhibition villages; Extractive industries; Farm buildings; Farm stay accommodation; Forestry; Freight transport facilities; Heavy industrial storage establishments; Helipads; Highway service centres; Industries; Mortuaries; Open cut mining; Research stations; Resource recovery facilities; Rural industries; Rural workers’ dwellings; Sewage treatment plants; Sex services premises; Storage premises; Transport depots; Truck depots; Waste disposal facilities; Water recreation structures; Water recycling facilities
RE1 Public Recreation Zone
1   Objectives of zone
  To enable land to be used for public open space or recreational purposes that support the Jindabyne town centre and activate the foreshore area.
  To provide a range of recreational settings and activities and compatible land uses.
  To protect and enhance the natural environment for recreational purposes.
2   Permitted without consent
Environmental facilities; Environmental protection works; Roads
3   Permitted with consent
Boat sheds; Building identification signs; Business identification signs; Car parks; Charter and tourism boating facilities; Community facilities; Emergency services facilities; Information and education facilities; Kiosks; Marinas; Markets; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Research stations; Water recreation structures; Water storage facilities; Wharf and boating facilities
4   Prohibited
Any development not specified in item 2 or 3
Part 2 Exempt and complying development
Division 1 General
7   Exempt and Complying Development SEPP does not apply to land in Snowy Mountains Activation Precinct
State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 does not apply to land in the Snowy Mountains Activation Precinct, except as provided by this Part.
8   Complying development
(1)  Development that is permitted with development consent on land in the Snowy Mountains Activation Precinct is complying development if the development is carried out in compliance with the development standards specified in this section.
(2)  Despite subsection (1), development for the purposes of electricity generating works, other than solar energy farms, 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)  be carried out in accordance with the relevant provisions of the Blue Book, and
(c)  be installed in accordance with the manufacturer’s specifications, if applicable, and
(d)  not involve the removal of asbestos, unless the removal is undertaken in accordance with How To Safely Remove Asbestos: Code of Practice, published by Safe Work Australia in July 2020, and
(e)  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.
(4)  To be complying development, the development must not be—
(a)  for the purpose of remediation work within the meaning of State Environmental Planning Policy (Resilience and Hazards) 2021, Chapter 4, or
(b)  designated development, or
(c)  a major hazard facility, or
(d)  if the development comprises the erection of a building—carried out within 1m of a public sewer except with the written approval of the authority that has management or control of the sewer, and
(5)  To be complying development, the development must not be carried out on land identified as within an environmentally sensitive area on the Environmentally Sensitive Areas Map unless the development is for the purposes of environmental protection works or recreation areas.
(6)  To be complying development, the development must not involve development that requires development consent under Snowy River Local Environmental Plan 2013, clause 5.10, as it applies under this Schedule, section 12.
(7)  Subsection (3)(e) does not include Lot 6, DP 239537, Jindabyne Foreshore Park.
(8)  In this section—
major hazard facility has the same meaning as in the Work Health and Safety Regulation 2017.
9   Conditions of complying development
A complying development certificate for complying development under this Division is subject to the conditions set out in State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, Schedule 6.
Division 2 Exempt development
10   Exempt development
(1)  The following provisions of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 apply to land in the Snowy Mountains Activation Precinct—
(a)  for land in SP1 Special Activities Zone, excluding land in the Sports and Education Sub-precinct—clauses 2.9, 2.10, 2.23–2.24, 2.29, 2.30, 2.39–2.40B, 2.46A, 2.46B, 2.47, 2.48, 2.51, 2.52, 2.55–2.58, 2.72A–2.72D, 2.77, 2.78, 2.96–2.105, 2.109, 2.110, 2.113–2.116, 2.121 and 2.122,
(b)  for land in SP3 Tourist Zone—clauses 2.6A, 2.6B, 2.9–2.14, 2.23–2.24, 2.27–2.30, 2.31–2.32F, 2.37–2.40B, 2.42AA, 2.42AB, 2.46A, 2.46B, 2.47, 2.48, 2.51, 2.52, 2.54A–2.58, 2.71–2.72D, 2.75–2.78, 2.80A, 2.80B, 2.96–2.105, 2.109, 2.110, 2.113, 2.114, 2.121 and 2.122,
(c)  for land in SP4 Enterprise Zone—clauses 2.6C, 2.6D, 2.9–2.14, 2.17, 2.18, 2.20A–2.20F, 2.21–2.24, 2.27–2.30, 2.30AC, 2.30AD, 2.37–2.40B, 2.42A–2.46B, 2.47, 2.48, 2.51, 2.52, 2.54A–2.62, 2.69–2.74, 2.74C–2.78, 2.96–2.101, 2.104–2.107, 2.109, 2.110, 2.113, 2.114, 2.117–2.122 and 2.129–2.132,
(d)  for land in RE1 Public Recreation Zone—clauses 2.9, 2.10, 2.46A, 2.46B, 2.51, 2.52, 2.54A–2.58, 2.77, 2.78, 2.80A, 2.80B, 2.96–2.103,
(e)  for land in the Sports and Education Sub-precinct—
(i)  the clauses specified in paragraph (a) for SP1 Special Activities Zone, and
(ii)  clauses 2.11–2.14, 2.27, 2.28, 2.30AC, 2.30AD, 2.61, 2.62, 2.71, 2.72, 2.75 and 2.76.
(2)  Development specified in this subsection (1) is exempt development if the development—
(a)  is exempt development for the purposes of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, and
(b)  is not on land identified as within an environmentally sensitive area on the Environmentally Sensitive Areas Map, and
(c)  is not on land on which a heritage item or Aboriginal object is located or land in a heritage conservation area or Aboriginal place of heritage significance, and
(d)  is carried out in accordance with the relevant provisions of the Blue Book.
(3)  Development specified in Schedule 1C is exempt development if the development—
(a)  meets the standards specified for the development in Schedule 1C, and
(b)  is not on land identified as within an environmentally sensitive area on the Environmentally Sensitive Areas Map, and
(c)  is not on land on which a heritage item or Aboriginal object is located or land in a heritage conservation area or Aboriginal place of heritage significance, and
(d)  is carried out in accordance with the relevant provisions of the Blue Book, and
(e)  meets the relevant provisions of the Building Code of Australia, and
(f)  is installed in accordance with the manufacturer’s specifications, if applicable.
(4)  In this section—
Sports and Education Sub-precinct means the Sports and Education Sub-precinct identified on the Land Application Map.
Part 3 Miscellaneous
11   Preservation of trees and vegetation
(1)  The objectives of this section are as follows—
(a)  to preserve the amenity of the Snowy Mountains 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 section applies to land identified as within an environmentally sensitive area on the Environmentally Sensitive Areas Map.
(3)  A person must not clear native vegetation on land to which this section applies without development consent.
(4)  Development consent under subsection (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 (Biodiversity and Conservation) 2021, Chapter 2 does not apply to land to which this section applies.
12   Heritage conservation
(1)  Snowy River Local Environmental Plan 2013, clause 5.10 applies to the heritage items specified in the following table in the same way as it applies to heritage items under that Plan—
Suburb
Item name
Address
Property description
Significance
Item no
Jindabyne
Jindabyne Winter Sports Academy
207 Barry Way
Lot 101, DP 1019527
Local
146
Jindabyne
St Andrew’s Uniting Church
19 Gippsland Street
Lot 10, DP 219583
Local
150
Jindabyne
Jindabyne Foreshore Park
Banjo Patterson Park, Kosciuszko Road
Lot 6, DP 239537
Local
151
Jindabyne
Strzelecki monument
Banjo Patterson Park, Kosciuszko Road
Lot 6, DP 239537
Local
152
Jindabyne
Memorial Hall
45 Kosciuszko Road
Lot 30, DP 227005
Local
154
Jindabyne
St Andrew’s Anglican Church
3 Park Road
Lot 146, DP 219583
Local
155
(2)  A reference in Snowy River Local Environmental Plan 2013, clause 5.10 to the consent authority is to be read as a reference to the consent authority for the Snowy Mountains Activation Precinct.
Snowy River Local Environmental Plan 2013, clauses 2.6–2.8, 5.1, 5.2, 5.8, 5.11, 5.13 and Schedule 4 apply to land in the Snowy Mountains Activation Precinct in the same way as they apply to land to which that Plan applies.
(1)  State Environmental Planning Policy (Transport and Infrastructure) 2021, Chapter 2 applies to land in the Snowy Mountains Activation Precinct, subject to the modifications set out in this section.
(2)  SP3 Tourist and SP4 Enterprise Zones are taken to be the following zones for the specified provisions of State Environmental Planning Policy (Transport and Infrastructure) 2021
(a)  a prescribed rural, industrial or special use zone for Part 2.3, Division 4,
(b)  a prescribed zone for sections 2.52, 2.105, 2.106, 2.108, 2.125 and 2.158(4),
(c)  an equivalent land use zone for section 2.158(2).
(3)  State Environmental Planning Policy (Transport and Infrastructure) 2021, sections 2.41(1) and 2.125(3) do not apply to land in the Snowy Mountains Activation Precinct.
15   Existing development applications
A development application for development on land in the Snowy Mountains Activation Precinct that was lodged before the land was part of that Activation Precinct and that has not been finally determined is to be determined as if this Schedule had not commenced.
sch 1D: Ins 2022 (350), Sch 1[5]. Am 2022 (516), Sch 2[1]–[5].
Schedule 2 Exempt development—Chapter 4
(Section 4.17)
1   Advertisements
The display of an advertisement (other than an illuminated advertisement), including the erection of any advertising structure on which the advertisement is displayed, but only if—
(a)  the advertisement—
(i)  relates to the premises on which it is displayed or to goods or services that are available at those premises, and
(ii)  together with any advertising structure on which it is displayed, has an area of no more than 0.75 square metres, and
(iii)  together with any advertising structure on which it is displayed, is at least 2.6 metres above any public road above which it is displayed, or
(b)  the advertisement is displayed behind a window, or
(c)  the advertisement—
(i)  advertises a social, cultural, political or recreational event, and
(ii)  is displayed for no more than 28 days before the event, no more than 14 days after the event and no more than a total of 22 weeks, and
(iii)  has an area of no more than 7 square metres, or
(d)  the advertisement—
(i)  is a real estate sign advertising that the premises on which it is displayed are for sale or are for lease under Part 12 of the National Parks and Wildlife Act 1974, and
(ii)  together with any advertising structure on which it is displayed, has an area of no more than 2.4 square metres.
2   Public notices of public authorities
The erection of a sign, by or on behalf of a public authority, in the nature of a public notice that provides only information or directions (or both) in relation to a service provided by the public authority.
3   Signs relating to safety
The erection of a sign whose purpose is to ensure the safety of workers on the site at which it is located or of the general public.
4   Building identification signs or business identification signs
The erection and use of a building identification sign or business identification sign, displayed on the premises to which it relates, but only if—
(a)  the sign is displayed behind a window on the premises, or
(b)  the sign has an area of no more than 0.75 square metres and, if the sign is erected above a public road, it is erected at least 2.6 metres above the road.
5   Internal building alterations
Internal building alterations that do not involve the following—
(a)  any increase in the gross floor area of the building,
(b)  any alteration to a load-bearing member of a building or any alteration that results in the load-bearing capacity of the building being exceeded,
(c)  any modification of any form of construction that is, or is proposed to be, implemented in a building to ensure the safety of persons using the building in the event of fire,
(d)  any modification of any of the following—
(i)  any kitchen used for commercial purposes,
(ii)  any area, within premises, that is used for skin penetration procedures within the meaning of section 51 of the Public Health Act 1991,
(iii)  any hairdressing premises,
(iv)  any swimming or spa pool within the building,
(e)  any alteration to a building comprising tourist accommodation that results in an increase in the size of a bedroom or an increase in the number of bedrooms in the tourist accommodation.
6   Change of use of a building
New use of a building as an office, resulting from a change of use of the building as a shop, or new use of a building as a shop, resulting from a change of use of the building as an office, but only if—
(a)  the use of the building, before the change, as a shop or as an office (as the case may be) was lawful, and
(b)  the new use would otherwise be permitted with consent under Chapter 4, and
(c)  the new use occurs over no more than 200 square metres of floor space, and
(d)  in the case of the new use of a building as a shop—the use of the shop does not involve the handling, preparation or storage of food for sale or consumption.
7   Installation and use of street furniture
The installation and use of street furniture (including a bench, a bollard and a garbage enclosure) on a public footpath or in a plaza, but only if—
(a)  the street furniture does not prevent or extensively restrict use of the footpath or plaza for access, and
(b)  the street furniture is firmly anchored, and
(c)  in the case of a garbage enclosure—the enclosure is animal-proof.
8   Maintenance
The carrying out of any development comprised in the repair of deteriorated or damaged material (whether or not in a building) or the replacement of any such material, but only if—
(a)  no wall of a building is wholly replaced, and
(b)  in the case of repairs to, or the partial replacement of, the wall of a building, involving the use of material that differs in nature from the material being repaired or replaced—
(i)  the repairs extend over no more than 5% of the surface, over any 3 year period, or
(ii)  the replacement is of no more than 5% of the wall, over any 3 year period, and
(c)  the maintenance does not affect the load-bearing capacity of any load-bearing member of a building, and
(d)  the work does not involve the use of external combustible cladding (within the meaning of the Environmental Planning and Assessment Regulation 2000).
9   Development carried out on ski slopes
The carrying out on ski slopes of any of the following—
(a)  the erection of any of the following structures for the purposes of recreational activities, including skiing—
(i)  signs not exceeding 2.5 square metres in area,
(ii)  structures related to snow sports that are either fully embedded or fully supported by snow,
(iii)  other structures not exceeding more than 2.4 metres in height,
but only if the structures stand for no more than 22 weeks in any one year,
(b)  fences not exceeding 2 metres in height,
(c)  the maintenance of ski slopes on an annual basis, or of a routine nature, including slashing and trimming of regrowth.
Note—
The slashing or trimming of any plant that is part of any of the following plant communities (as identified in the Kosciuszko Resorts Vegetation Assessment) is not exempt development—
(a)  feldmark,
(b)  short alpine herbfield,
(c)  snowpatch.
The slashing or trimming of plants that are, or are part of, a threatened species, endangered population or endangered ecological community (as identified by the Threatened Species Conservation Act 1995) is an offence under Part 8A of the National Parks and Wildlife Act 1974.
10   Antennae, satellite dishes and aerials
The installation of an antenna, satellite dish or aerial, for use within tourist accommodation, but only if—
(a)  following the installation, there is no more than one antenna, one satellite dish and one aerial per building, and
(b)  the height of the antenna, satellite dish or aerial to be installed is no more than 1 metre above the ridgeline of the building that the device services, and
(c)  in the case of the installation of a satellite dish—the dish is no more than 500mm in diameter, and
(d)  there are no structural alterations involved and the antenna, satellite dish or antenna is firmly anchored.
11   Erection of minor structures
The erection of a structure ancillary to a permissible use, but only if—
(a)  the structure is erected at least 1 metre from each boundary of any sublease or lease applying to the site, and
(b)  the structure does not cover an area of more than 10 square metres, and
(c)  the structure does not stand higher than 1 metre above the ground level (existing) of the site, and
(d)  the erection of the structure does not require any excavation deeper than 500 millimetres below ground level (existing) and does not compromise any support for adjoining land, and
(e)  the erection or use of the structure does not involve the handling, use or storage of hazardous chemicals or materials, and the materials used in the structure do not release any hazardous chemicals or materials into the environment, and
(f)  the structure is made of non-combustible materials if erected on land that is bush fire prone land.
12   Laying of paving
The laying of paving, but only if—
(a)  the paving does not cover an area of more than 10 square metres, and
(b)  the laying of the paving does not require any excavation deeper than 500 millimetres below the ground level (existing) of the site and does not compromise any support for adjoining land.
13   Demolition
Demolition of any structure, the erection of which is exempt development under Chapter 4, but only if—
(a)  the structure stands on an area of not more than 25 square metres, and
(b)  is carried out in accordance with any applicable provisions of AS 2601—2001Demolition of structures.
Schedule 3 Heritage items—Chapter 4
(Section 4.24)
Part 1 Buildings and landscapes
Item
Property description
Thredbo Alpine Resort
Athol
Lot 29, DP 727592 (known as Lot 46)
Crackenback Ski Club
Lot 29, DP 727592 (known as Lot 25)
De Dacha
Lot 29, DP 727592 (known as Lot 88)
Kasees
Lot 29, DP 727592 (known as Lot 13)
Seidler Lodge (previously Lend Lease Lodge)
Lot 29, DP 727592 (known as Lot 61)
Moonbah
Lot 29, DP 727592 (known as Lot 30)
Obergurgl
Lot 29, DP 727592 (known as Lot 45)
Ramshead
Lot 29, DP 727592 (known as Lot 21)
Sastrugi
Lot 29, DP 727592 (known as Lot 22)
Thredbo Alpine Club
Lot 29, DP 727592 (known as Lot 9)
Thredbo Alpine Hotel
Lot 29, DP 727592 (known as Lot 41)
Valley Terminal
Lot 29, DP 727592
Wombiana
Lot 29, DP 727592 (known as Lot 44)
Timber Pedestrian Bridge
Lot 29, DP 727592
Site of 1997 Landslide
Lot 29, DP 727592 (known as Lots 78 and 96)
Perisher Range Alpine Resort
Alexandra
Lot 199, DP 44462
Caloola
Lot 196, DP 44459
Dulmison
Lot 262, DP 72758
Edelweiss
Lot 86, DP 756697
Illoura
Lot 34, DP 756697
Kosciuszko Snow Revellers (KSRC)
Lot 92, DP 756697
Ku-ring-gai
Lot 86, DP 756697
Lodge 21
Lot 21, DP 756697
Maranatha
Lot 238, DP 721847
Munjarra
Lot 62, DP 756697
Numbananga
Lot 33, DP 756697
Rock Creek
Rugby Union
Lot 66, DP 756697
Telemark
Lot 87, DP 756697
Tiobunga (YMCA)
Lot 147, DP 756697
Charlotte Pass Alpine Resort
The Chalet
Lot 16, DP 756705
Sponars Chalet Alpine Resort
Sponars Chalet
Lot 29, DP 44474
Part 2 Items of Aboriginal heritage significance
Any items identified on the commencement of Chapter 4 on the Aboriginal Heritage Information System held by the Department of Environment and Climate Change.
Schedule 4 Dictionary for Chapter 4
(Section 4.3)
Aboriginal object has the same meaning as in the National Parks and Wildlife Act 1974.
advertisement has the same meaning as in the Act.
advertising structure has the same meaning as in the Act.
alpine resort means Thredbo Alpine Resort, Perisher Range Alpine Resort, Bullocks Flat Terminal, Mount Selwyn Alpine Resort, Charlotte Pass Alpine Resort, Kosciuszko Mountain Retreat Alpine Resort, Sponars Chalet Alpine Resort or Ski Rider Alpine Resort.
attic means any habitable space, but not a separate dwelling, contained wholly within a roof above the ceiling line of the storey immediately below, except for minor elements such as dormer windows and the like.
building has the same meaning as in the Act.
building identification sign means a sign that identifies or names a building and that may include the name of a building, the street name and number of a building, and a logo or other symbol, but that does not include general advertising of products, goods or services.
Bullocks Flat Terminal—see section 4.4.
business identification sign means a sign—
(a)  that indicates—
(i)  the name of the person or business, and
(ii)  the nature of the business carried on by the person at the premises or place at which the sign is displayed, and
(b)  that may include the address of the premises or place and a logo or other symbol that identifies the business,
but that does not include any advertising relating to a person that does not carry on business at the premises or place.
centre-based child care facility has the same meaning as in the standard instrument for a local environmental plan prescribed by the Standard Instrument (Local Environmental Plans) Order 2006.
Charlotte Pass Alpine Resort—see section 4.4.
commercial premises means premises used as an office or for other business or commercial purposes (providing services to visitors and to the alpine resort in which it is located).
community facility means premises that are owned or controlled by the Department of Environment and Climate Change, a resort operator, a public authority, a religious organisation or an associated body of persons for the physical, social, cultural, economic, intellectual or religious welfare of visitors to the alpine resort in which it is located, including any of the following premises—
(a)  a public library, meeting rooms, recreation facilities, a centre-based child care facility and any similar premises,
(b)  a community club, being premises used by persons sharing like interests, but not premises of a registered club (within the meaning of the Registered Clubs Act 1976).
conference facility means premises, ancillary to tourist accommodation, that are used for meetings, consultation or discussion.
demolish, in relation to a heritage item, means wholly or partly destroy, dismantle or deface the heritage item.
development has the same meaning as in the Act.
educational establishment means a building used for community education, a training facility, an art gallery, a museum, a cultural centre or similar premises, whether or not the premises are used for the purposes of commercial gain.
emergency services facilities means facilities (other than ski slope huts) used by public authorities for the purposes of emergencies.
entertainment facility means premises used for the purpose of a theatre or cinema or premises used for a similar purpose, whether or not the premises are used for that purpose for commercial gain.
floor, in relation to a building, means the space within a building that is situated between one floor level of the building and the floor level above or, if there is no floor level above, the ceiling above or roof of the building.
food outlet means premises, such as a restaurant or café, in which meals or light refreshments are served to the public for profit or reward, including such premises that are used for live entertainment or dancing.
gross floor area, in relation to a building, means the total floor area of the building, as measured from the outside of the external walls of the building or as measured from the centre of a wall that comprises a common wall of the building and another building.
ground level (existing) means the existing level of a site at any point.
health profession consulting room means a room used for the purposes of providing professional health services to members of the public, including services provided by a medical practitioner, an acupuncturist, a chiropodist, a chiropractor, a dentist, an occupational therapist, an optometrist, an osteopath, a physiotherapist, a naturopath, a herbalist, a homeopath or a practitioner of remedial massage.
helipad means premises used, other than by members of the public, for the taking off and landing of helicopters.
heritage conservation management plan means a document prepared in accordance with guidelines prepared by the Department of Planning that documents the heritage significance of an item, place or heritage conservation area and identifies conservation policies and management mechanisms that are appropriate to enable that significance to be retained.
heritage impact statement means a document consisting of the following—
(a)  a statement demonstrating the heritage significance of a heritage item,
(b)  an assessment of any adverse impact that proposed development will have on that significance,
(c)  proposals for measures to minimise that impact.
heritage item means a building, place or Aboriginal object listed or referred to in Schedule 3.
heritage significance means historical, scientific, cultural, social, archaeological, architectural, natural or aesthetic value.
hotel has the same meaning as in the Liquor Act 1982.
infrastructure facilities means facilities provided as utility undertakings (whether or not as public utility undertakings), including any of the following—
(a)  water storage dams, including artificial reservoirs, tanks and ponds,
(b)  roads (other than roads provided by or on behalf of the Roads and Traffic Authority),
(c)  sewage treatment works,
(d)  waste management facilities.
Kosciuszko Mountain Retreat Alpine Resort—see section 4.4.
Kosciuszko Resorts Vegetation Assessment means the document of that name prepared in 2002 by Ecology Australia, in association with NGH Environmental, for PlanningNSW.
lodge means a building providing temporary accommodation to persons, whether those persons stay for a single night or for a longer period.
Main Range means the land identified as the Main Range Management Unit in the Kosciuszko National Park Plan of Management 2006, adopted under the National Parks and Wildlife Act 1974, and as in force on 16 June 2006.
Note—
The land identified as the Main Range Management Unit in Kosciuszko National Park Plan of Management 2006 includes Ramshead and Etheridge Ranges, Watsons Crags and the peaks of Mounts Kosciuszko, Townsend, Alice Rawson, Carruthers, Twynam, Anton, Anderson and Tate.
maintenance in relation to a heritage item, means ongoing protective care. It does not include the removal or disturbance of existing fabric, alterations, such as carrying out extensions or additions, or the introduction of new materials or technology.
management trail means a trail used by or on behalf of a head lessee or licensee of an alpine resort under the National Parks and Wildlife Act 1974, or by or on behalf of a public authority, for operational purposes (such as the management of ski slopes and ski grooming) or for fire protection or emergency purposes.
medical centre means premises used for the purpose of providing professional health services (including preventative care, diagnosis, medical or surgical treatment and counselling) to out-patients only.
Mount Selwyn Alpine Resort—see section 4.4.
native fauna means any animal-life that is indigenous to New South Wales or is known to periodically or occasionally migrate to New South Wales, whether vertebrate (including fish) or invertebrate and in any stage of biological development, but does not include humans.
native flora means any plant-life that is indigenous to New South Wales, whether vascular or non-vascular and in any stage of biological development, and includes fungi and lichens, and marine vegetation within the meaning of Part 7A of the Fisheries Management Act 1994.
Perisher Range Alpine Resort—see section 4.4.
place of public worship means premises used for the purpose of religious worship by a congregation or religious group, whether or not the premises are also used for counselling, social events, or religious instruction or training.
public authority has the same meaning as in the Act.
public utility undertaking means any undertaking carried on by, or under the authority of, any Commonwealth or State Government department or agency, or pursuant to any Commonwealth or State Act, for the purpose of providing—
(a)  sewerage or drainage services, or
(b)  roads, or
(c)  water, hydraulic power, electricity or gas, or
(d)  telecommunications facilities.
recreation facility means premises used for indoor or outdoor recreation, including any of the following premises—
(a)  a billiard saloon,
(b)  a table tennis centre,
(c)  a squash court,
(d)  a tennis court,
(e)  a swimming pool (within the meaning of the Swimming Pools Act 1992),
(f)  a gymnasium,
(g)  a health studio,
(h)  a bowling alley,
(i)  a golf driving range,
(j)  a fun parlour.
recreation infrastructure means infrastructure provided for the purposes of active or passive recreation for tourists, including walking trails, mountain bike trails, directional signage, cross country ski trails and oversnow routes.
resort operator means a person acting on behalf of a corporation holding a head lease under the National Parks and Wildlife Act 1974, or franchise rights, in relation to an alpine resort.
serviced apartment means a building containing 2 or more self-contained dwellings that are used to provide short-term accommodation and are not used or intended to be used as a place or places of residence.
sewage treatment works means works or land used for the collection, treatment and disposal of sewage.
shop means premises used for selling, exposing or offering for sale by retail, goods, merchandise or materials that operate primarily to serve the daily needs of tourists and staff.
ski means any snow-related activity, such as skiing, snow-boarding, or snow-play.
Ski Rider Alpine Resort—see section 4.4.
ski slope means an area of land that has been developed to facilitate primarily ski activities, whether or not lifting facilities are required to access the area.
ski slope hut means a race hut, lift hut, ski patrollers’ hut or similar hut that is erected on a ski slope and requires fixture to the ground.
Sponars Chalet Alpine Resort—see section 4.4.
staff accommodation means a building or buildings used for the accommodation of staff of a building or buildings referred to in paragraph (a) of the definition of tourist accommodation appearing in this Dictionary.
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 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.
telecommunications facility means—
(a)  any part of the infrastructure of a telecommunications network, or
(b)  any line, equipment, apparatus, tower, mast, antenna, tunnel, duct, hole, pit, pole or other structure or thing used, or to be used, in or in connection with a telecommunications network.
telecommunications network means a system, or series of systems, that carries, or is capable of carrying, communications by means of guided or unguided electromagnetic energy, or both.
the Department means the Department of Planning.
the Minister means the Minister for Planning.
Thredbo Alpine Resort—see section 4.4.
tourist accommodation means—
(a)  a building or buildings used for the accommodation of visitors, including apartments, serviced apartments and lodges that may have facilities for the convenience of those visitors, such as conference facilities, entertainment facilities, recreation facilities and restaurants, or
(b)  staff accommodation, or
(c)  a hotel.
transport facility means a building or place used for the transportation of passengers or goods, including a bus station, a railway terminal and a building used for the garaging of vehicles relating to the servicing of an alpine resort, such as skidoos and snow groomers, other than a building used for the servicing or repair of vehicles.
vehicle repair station means a building or place used for the purpose of carrying out repairs and fitting of accessories to vehicles.
waste management facility means a facility used for the storage, treatment, purifying or disposal of waste, whether or not it is also used for the sorting, processing, recycling, recovering, use or reuse of material from that waste, and whether or not any such operations are carried out on a commercial basis.
Schedule 5 Additional permitted uses—Chapter 5
(Section 5.15)
1   Use of certain land at “Breakwater”, Gosford
(1)  This section applies to land identified as “Breakwater” on the Additional Permitted Uses Map that is in Zone W2 Recreational Waterways.
(2)  Development for the purposes of business premises, charter and tourism boating facilities, centre-based child care facilities, hotel or motel accommodation, jetties, office premises, roads, shops and wharf or boating facilities is permitted with development consent.
2   Use of certain land at Leagues Club Field, Gosford
(1)  This section applies to land at Leagues Club Field, being Lots 7035 and 7036, DP 1020068 and Lot 5, Section 81, DP 758466.
(2)  Development for the purposes of recreation facilities (major) and recreation facilities (outdoor) is permitted with development consent.
3   Use of certain land in Zone B4
(1)  This section applies to land in Zone B4 Mixed Use.
(2)  Development for the purposes of car parks is permitted with development consent.
Schedule 6 Exempt development—Chapter 5
(Section 5.19)
Note 1—
State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies exempt development under that Policy. This Chapter has State-wide application. This Schedule contains additional exempt development not specified in that Policy.
Note 2—
Exempt development may be carried out without the need for development consent under the Act. Such development is not exempt from any approval, licence, permit or authority that is required under any other Act and adjoining owners’ property rights and the common law still apply.
Recreation facilities (indoor, major or outdoor)
Must be consistent with any applicable plan of management prepared under the Local Government Act 1993 for the land.
Outdoor lighting
(1)  Must not be for tennis courts or a sports field.
(2)  Must be located or shielded so as not to cause a nuisance to adjoining premises.
Solid fuel heaters
(1)  Must comply with AS/NZS 4013:1999, Domestic solid fuel burning appliances—Method for determination of flue gas emission.
(2)  Rain excluders must not impede the vertical flow of exhaust gases.
(3)  Must be installed in accordance with AS/NZS 2918:2001, Domestic solid fuel burning appliances—Installation.
(4)  Chimney or flue must be a minimum of 300mm above any structure within a 3.6m horizontal radius.
(5)  Top of chimney or flue must be at least 1m higher than any other building within a 15m radius.
(6)  Maximum height of chimney or flue—6m above roof.
Temporary events or activities on land owned or managed by Council (including erection of associated temporary structures)
(1)  Must be located on land owned by the Council or for which the Council has care, control or management (including roads and Crown land).
(2)  Must be consistent with any applicable plan of management prepared under the Local Government Act 1993 for the land.
(3)  Must be in accordance with a licence or hire agreement issued by the Council.
(4)  Must have obtained all required approvals.
Note—
Other approvals may be required, and must be obtained, under other Acts, including the Local Government Act 1993, the Roads Act 1993 and the Crown Land Management Act 2016.
Schedule 7 Complying development—Chapter 5
(Section 5.20)
sch 7, hdg: Am 2022 (350), Sch 1[10].
Note—
State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies complying development and the complying development conditions for that development under that Policy. This Chapter has State-wide application. This Schedule contains additional complying development not specified in that Policy.
Part 1 Types of development
(When Chapter 5 was made this Part was blank)
Part 2 Complying development certificate conditions
Note—
Complying development must comply with the requirements of the Act, the regulations under the Act and Chapter 5.
General conditions
Any development specified in Part 1 is subject to the same conditions set out in Schedule 6 to State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.
Schedule 8 Classification and reclassification of public land—Chapter 5
(Section 5.30)
sch 8, hdg: Am 2022 (350), Sch 1[11].
Part 1 Land classified, or reclassified, as operational land—no interests changed
Column 1
Column 2
Locality
Description
Nil
 
Part 2 Land classified, or reclassified, as operational land—interests changed
Column 1
Column 2
Column 3
Locality
Description
Any trusts etc not discharged
Nil
  
Part 3 Land classified, or reclassified, as community land
Column 1
Column 2
Locality
Description
Nil
 
Schedule 9 Environmental heritage—Chapter 5
(Section 5.36)
sch 9, hdg: Am 2022 (350), Sch 1[12].
Part 1 Heritage items
Suburb
Item name
Address
Property description
Significance
Item no
East Gosford
Quarry
47 Henry Parry Drive and 54 White Street
Lot 13, DP 778384; Lot 172, DP 616593
Local
323
Gosford
Avenue and feature trees—Grahame Park
Alfred Higgs Place and Dane Drive
Road reserve; Part Lot 1, DP 1011876
Local
25
Gosford
House
1 Bent Street
Lot 2, DP 311833
Local
322
Gosford
Stone street wall
2 Broadview Avenue
SP 16709
Local
26
Gosford
Large-faced clock with wooden frame
Burns Crescent (Gosford Railway Station)
Part Lot 100, DP 1006006
Local
49
Gosford
Burns Place Park, feature eucalypt and stands of mature trees
Between Burns Crescent and Mann Street
 
Local
27
Gosford
Union Hotel
108 Donnison Street
Lot 5, DP 1015908
Local
28
Gosford
William Street well
124–134 Donnison Street
Lot D, DP 69497
Local
324
Gosford
Gosford Hotel
102 Erina Street
Lot 1, DP 76776
Local
29
Gosford
Former Gosford Public School and residence, now TAFE Building E
121 Henry Parry Drive
Part of Lot 1, DP 861564
Local
30
Gosford
Gosford City Council Memorial Park, including avenue and feature trees
Mann Street and Vaughan Avenue
Lot 7038, DP 1020204; Lot 7021, DP 1020205
Local
31
Gosford
Former School of Arts
Corner of Mann Street and Georgiana Terrace
Part of Lot 1, DP 1210298
Local
36
Gosford
Stone street and driveway wall
1 Mann Street
SP 6683
Local
32
Gosford
Old Christ Church Anglican Church
3 Mann Street
Lot 13, Section 9, DP 758466; Lot 14, DP 1115314
Local
33
Gosford
Anglican rectory
5 Mann Street
Lot 12, Section 9, DP 758466
Local
34
Gosford
Part of Gosford South Post Office
23 Mann Street
Lot A, DP 88695
Local
35
Gosford
Creighton’s Funeral Parlour
37 Mann Street
Lot A, DP 355117
Local
37
Gosford
Conservatorium of Music (former courthouse and police station)
45 Mann Street
Lot 453, DP 727721
Local
38
Gosford
Central Coast Council administration building (Gosford office)
49 Mann Street
Lot 1, DP 564021; Lot 1, DP 251476
Local
39
Gosford
Former Brisbane Water County Council building
50 Mann Street
Lot 1, DP 433839
Local
40
Gosford
Feature tree—fig
Boundary of 81, 83 and 85 Mann Street and 123B Donnison Street
Lots 11, 14 and 15, DP 746819; Lot 3, DP 1023985
Local
41
Gosford
Former Orion Cafe
98 Mann Street
Lot A, DP 162813
Local
318
Gosford
Shopfront
131–133 Mann Street
Lot 2, DP 516486; Lot 1, DP 568811
Local
319
Gosford
Building facade, First National Real Estate
150 Mann Street
Lot 1, DP 134233
Local
42
Gosford
Steps of former private hospital
297 Mann Street
Lot 7, DP 18726
Local
320
Gosford
Mitre 10 store
299–309 Mann Street
Lots 1 and 2, Section 1, DP 1591; Lot 1, DP 911164; Lot 1, DP 911163
Local
43
Gosford
War memorial site, Gosford Olympic Swimming Pool
Masons Parade
Lot 7018, DP 1116947
Local
44
Gosford
Railway bridge and viaduct
Racecourse Road and Etna Street
 
Local
45
Gosford
Part of Gosford High School
30 Racecourse Road
Lot 299, DP 755227
Local
321
Gosford
Railway turntable
Railway land off Showground Road
Part Lot 100, DP 1006006
Local
47
Gosford
Signal box, water column and tank
Railway land off Showground Road
Part Lot 100, DP 1006006
Local
48
Gosford
Railway bridge and pylons
Between Fagans Bay and Brisbane Water
Railway land; part Lot 1, DP 997118
Local
50
North Gosford
Three Art Deco shopfronts
344 Mann Street
Lot 5, DP 8375
Local
325
Point Frederick
House, “Corra-Lynn”
3 Lynn Avenue
Lot 9, DP 38586
Local
144
Point Frederick
House, “Nettaville”
2 York Street
Lot 52, DP 715094
Local
145
Point Frederick
Block of units
4 York Street
Lot 5, DP 218157
Local
326
Point Frederick
House and fence
8 York Street
Lot 81, DP 840814
Local
327
Part 3 Archaeological sites
Suburb
Item name
Address
Property description
Significance
Item no
Gosford
Site of original Gosford Wharf
Dane Drive
Part Lot 22, DP 1040230
Local
A8
Gosford
Footings of former sergeant’s residence/police station
38 Mann Street
Lot 1, DP 1210298
Local
A25
Gosford
Footings of former police stables
38 Mann Street
Lot 1, DP 1210298
Local
A26
Gosford
Rotary Club, fountain, garden and original site of Gosford Wharf
Vaughan Avenue
Part Lot 7023, DP 1076182
Local
A9
Schedule 10 Dictionary for Chapter 5
(Section 5.3)
Note—
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of Chapter 5.
Aboriginal object means any deposit, object or other material evidence (not being a handicraft made for sale) relating to the Aboriginal habitation of an area of New South Wales, being habitation before or concurrent with (or both) the occupation of that area by persons of non-Aboriginal extraction, and includes Aboriginal remains.
Aboriginal place of heritage significance means an area of land, the general location of which is identified in an Aboriginal heritage study adopted by the Council after public exhibition and that may be 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 may (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.
Note—
The term may include (but is not limited to) places that are declared under section 84 of the National Parks and Wildlife Act 1974 to be Aboriginal places for the purposes of that Act.
acid sulfate soils means naturally occurring sediments and soils containing iron sulfides (principally pyrite) or their precursors or oxidation products, whose exposure to oxygen leads to the generation of sulfuric acid (for example, by drainage or excavation).
Acid Sulfate Soils Manual means the manual by that name published by the Acid Sulfate Soils Management Advisory Committee and made publicly available.
advertisement has the same meaning as in the Act.
Note—
The term is defined as a sign, notice, device or representation in the nature of an advertisement visible from any public place or public reserve or from any navigable water.
advertising structure has the same meaning as in the Act.
Note—
The term is defined as a structure used or to be used principally for the display of an advertisement.
Advertising structures are a type of signage—see the definition of that term in this Dictionary.
affordable housing has the same meaning as in the Act.
Note—
The term is defined as housing for very low income households, low income households or moderate income households, being such households as are prescribed by the regulations or as are provided for in an environmental planning instrument.
agricultural produce industry means a building or place used for the handling, treating, processing or packing, for commercial purposes, of produce from agriculture (including dairy products, seeds, fruit, vegetables or other plant material), and includes wineries, flour mills, cotton seed oil plants, cotton gins, feed mills, cheese and butter factories, and juicing or canning plants, but does not include a livestock processing industry.
Note—
Agricultural produce industries are a type of rural industry—see the definition of that term in this Dictionary.
agriculture means any of the following—
(a)  aquaculture,
(b)  extensive agriculture,
(c)  intensive livestock agriculture,
(d)  intensive plant agriculture.
Note—
Part 6 of the Plantations and Reafforestation Act 1999 provides that exempt farm forestry within the meaning of that Act is not subject to the Environmental Planning and Assessment Act 1979.
air transport facility means an airport or a heliport that is not part of an airport, and includes associated communication and air traffic control facilities or structures.
airport means a place that is used for the landing, taking off, parking, maintenance or repair of aeroplanes, and includes associated buildings, installations, facilities and movement areas and any heliport that is part of the airport.
Note—
Airports are a type of air transport facility—see the definition of that term in this Dictionary.
airstrip means a single runway for the landing, taking off or parking of aeroplanes for private aviation only, but does not include an airport, heliport or helipad.
amusement centre means a building or place (not being part of a pub or registered club) used principally for playing—
(a)  billiards, pool or other like games, or
(b)  electronic or mechanical amusement devices, such as pinball machines, computer or video games and the like.
animal boarding or training establishment means a building or place used for the breeding, boarding, training, keeping or caring of animals for commercial purposes (other than for the agistment of horses), and includes any associated riding school or ancillary veterinary hospital.
aquaculture has the same meaning as in the Fisheries Management Act 1994.
Note—
Aquaculture is a type of agriculture—see the definition of that term in this Dictionary.
archaeological site means a place that contains one or more relics.
architectural design competition means a competitive process conducted in accordance with the Design Excellence Guidelines.
artisan food and drink industry means a building or place the principal purpose of which is the making or manufacture of boutique, artisan or craft food or drink products only. It must also include at least one of the following—
(a)  a retail area for the sale of the products,
(b)  a restaurant or cafe,
(c)  facilities for holding tastings, tours or workshops.
Note—
See section 5.32 for controls in industrial or rural zones relating to the retail floor area of an artisan food and drink industry.
Artisan food and drink industries are a type of light industry—see the definition of that term in this Dictionary.
attached dwelling means a building containing 3 or more dwellings, where—
(a)  each dwelling is attached to another dwelling by a common wall, and
(b)  each of the dwellings is on its own lot of land, and
(c)  none of the dwellings is located above any part of another dwelling.
Note—
Attached dwellings are a type of residential accommodation—see the definition of that term in this Dictionary.
attic means any habitable space, but not a separate dwelling, contained wholly within a roof above the ceiling line of the storey immediately below, except for minor elements such as dormer windows and the like.
backpackers’ accommodation means a building or place that—
(a)  provides temporary or short-term accommodation on a commercial basis, and
(b)  has shared facilities, such as a communal bathroom, kitchen or laundry, and
(c)  provides accommodation on a bed or dormitory-style basis (rather than by room).
Note—
Backpackers’ accommodation is a type of tourist and visitor accommodation—see the definition of that term in this Dictionary.
basement means the space of a building where the floor level of that space is predominantly below ground level (existing) and where the floor level of the storey immediately above is less than 1 metre above ground level (existing).
bed and breakfast accommodation means an existing dwelling in which temporary or short-term accommodation is provided on a commercial basis by the permanent residents of the dwelling and where—
(a)  meals are provided for guests only, and
(b)  cooking facilities for the preparation of meals are not provided within guests’ rooms, and
(c)  dormitory-style accommodation is not provided.
Note—
See section 5.32 for controls relating to the number of bedrooms for bed and breakfast accommodation.
Bed and breakfast accommodation is a type of tourist and visitor accommodation—see the definition of that term in this Dictionary.
bee keeping means a building or place used for the keeping and breeding of bees for commercial purposes.
Note—
Bee keeping is a type of extensive agriculture—see the definition of that term in this Dictionary.
biodiversity or biological diversity means the variety of living animal and plant life from all sources, and includes diversity within and between species and diversity of ecosystems.
biosolids treatment facility means a building or place used as a facility for the treatment of biosolids from a sewage treatment plant or from a water recycling facility.
Note—
Biosolids treatment facilities are a type of sewerage system—see the definition of that term in this Dictionary.
boarding house means a building that—
(a)  is wholly or partly let in lodgings, and
(b)  provides lodgers with a principal place of residence for 3 months or more, and
(c)  may have shared facilities, such as a communal living room, bathroom, kitchen or laundry, and
(d)  has rooms, some or all of which may have private kitchen and bathroom facilities, that accommodate one or more lodgers,
but does not include backpackers’ accommodation, a group home, hotel or motel accommodation, seniors housing or a serviced apartment.
Note—
Boarding houses are a type of residential accommodation—see the definition of that term in this Dictionary.
boat building and repair facility means any facility (including a building or other structure) used primarily for the construction, maintenance or repair of boats, whether or not including the storage, sale or hire of boats, but does not include a marina or boat shed.
boat launching ramp means a structure designed primarily for the launching of trailer borne recreational vessels, and includes associated car parking facilities.
boat shed means a building or other structure used for the storage and routine maintenance of a boat or boats and that is associated with a private dwelling or non-profit organisation, and includes any skid used in connection with the building or other structure.
brothel has the same meaning as in the Act.
Note—
This definition is relevant to the definitions of home occupation (sex services) and sex services premises in this Dictionary.
building has the same meaning as in the Act.
Note—
The term is defined to include part of a building and any structure or part of a structure, but not including a manufactured home, a moveable dwelling or associated structure (or part of a manufactured home, moveable dwelling or associated structure).
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, or
(b)  in relation to the RL of a building—the vertical distance from the Australian Height Datum to the highest point of the building,
including plant and lift overruns, but excluding communication devices, antennae, satellite dishes, masts, flagpoles, chimneys, flues and the like.
building identification sign means a sign that identifies or names a building and that may include the name of a building, the street name and number of a building, and a logo or other symbol but does not include general advertising of products, goods or services.
Note—
Building identification signs are a type of signage—see the definition of that term in this Dictionary.
building line or setback means the horizontal distance between the property boundary or other stated boundary (measured at 90 degrees from the boundary) and—
(a)  a building wall, or
(b)  the outside face of any balcony, deck or the like, or
(c)  the supporting posts of a carport or verandah roof,
whichever distance is the shortest.
bush fire hazard reduction work has the same meaning as in the Rural Fires Act 1997.
Note—
The term is defined as follows—
bush fire hazard reduction work means—
(a)  the establishment or maintenance of fire breaks on land, and
(b)  the controlled application of appropriate fire regimes or other means for the reduction or modification of available fuels within a predetermined area to mitigate against the spread of a bush fire,
but does not include construction of a track, trail or road.
bush fire prone land has the same meaning as in the Act.
Note—
The term is defined, in relation to an area, as land recorded for the time being as bush fire prone land on a map for the area certified as referred to in section 146(2) of the Act.
bush fire risk management plan means a plan prepared under Division 4 of Part 3 of the Rural Fires Act 1997 for the purpose referred to in section 54 of that Act.
business identification sign means a sign—
(a)  that indicates—
(i)  the name of the person or business, and
(ii)  the nature of the business carried on by the person at the premises or place at which the sign is displayed, and
(b)  that may include the address of the premises or place and a logo or other symbol that identifies the business,
but that does not contain any advertising relating to a person who does not carry on business at the premises or place.
Note—
Business identification signs are a type of signage—see the definition of that term in this Dictionary.
business premises means a building or place at or on which—
(a)  an occupation, profession or trade (other than an industry) is carried on for the provision of services directly to members of the public on a regular basis, or
(b)  a service is provided directly to members of the public on a regular basis,
and includes a funeral home and, without limitation, premises such as banks, post offices, hairdressers, dry cleaners, travel agencies, internet access facilities, betting agencies and the like, but does not include an entertainment facility, home business, home occupation, home occupation (sex services), medical centre, restricted premises, sex services premises or veterinary hospital.
Note—
Business premises are a type of commercial premises—see the definition of that term in this Dictionary.
camping ground means an area of land that has access to communal amenities and on which campervans or tents, annexes or other similar portable and lightweight temporary shelters are, or are to be, installed, erected or placed for short term use, but does not include a caravan park.
canal estate development means development that incorporates wholly or in part a constructed canal, or other waterway or waterbody, that is inundated by or drains to a natural waterway or natural waterbody by surface water or groundwater movement (not being works of drainage, or for the supply or treatment of water, that are constructed by or with the authority of a person or body responsible for those functions and that are limited to the minimal reasonable size and capacity to meet a demonstrated need for the works), and that either—
(a)  includes the construction of dwellings (which may include tourist and visitor accommodation) of a kind other than, or in addition to—
(i)  dwellings that are permitted on rural land, and
(ii)  dwellings that are used for caretaker or staff purposes, or
(b)  requires the use of a sufficient depth of fill material to raise the level of all or part of that land on which the dwellings are (or are proposed to be) located in order to comply with requirements relating to residential development on flood prone land.
capital investment value has the same meaning as it has in the Environmental Planning and Assessment Regulation 2000.
car park means a building or place primarily used for the purpose of parking motor vehicles, including any manoeuvring space and access thereto, whether operated for gain or not.
caravan park means land (including a camping ground) on which caravans (or caravans and other moveable dwellings) are, or are to be, installed or placed.
catchment action plan has the same meaning as in the Catchment Management Authorities Act 2003.
Note—
The term is defined as a catchment action plan of an authority that has been approved by the Minister under Part 4 of the Catchment Management Authorities Act 2003.
cellar door premises means a building or place that is used to sell wine by retail and that is situated on land on which there is a commercial vineyard, and where most of the wine offered for sale is produced in a winery situated on that land or is produced predominantly from grapes grown in the surrounding area.
Note—
Cellar door premises are a type of retail premises—see the definition of that term in this Dictionary.
cemetery means a building or place used primarily for the interment of deceased persons or pets or their ashes, whether or not it contains an associated building for conducting memorial services.
centre-based child care facility means—
(a)  a building or place used for the education and care of children that provides any one or more of the following—
(i)  long day care,
(ii)  occasional child care,
(iii)  out-of-school-hours care (including vacation care),
(iv)  preschool care, or
(b)  an approved family day care venue (within the meaning of the Children (Education and Care Services) National Law (NSW)),
Note—
An approved family day care venue is a place, other than a residence, where an approved family day care service (within the meaning of the Children (Education and Care Services) National Law (NSW)) is provided.
but does not include—
(c)  a building or place used for home-based child care or school-based child care, or
(d)  an office of a family day care service (within the meanings of the Children (Education and Care Services) National Law (NSW)), or
(e)  a babysitting, playgroup or child-minding service that is organised informally by the parents of the children concerned, or
(f)  a child-minding service that is provided in connection with a recreational or commercial facility (such as a gymnasium) to care for children while the children’s parents are using the facility, or
(g)  a service that is concerned primarily with providing lessons or coaching in, or providing for participation in, a cultural, recreational, religious or sporting activity, or providing private tutoring, or
(h)  a child-minding service that is provided by or in a health services facility, but only if the service is established, registered or licensed as part of the institution operating in the facility.
charter and tourism boating facility means any facility (including a building or other structure) used for charter boating or tourism boating purposes, being a facility that is used only by the operators of the facility and that has a direct structural connection between the foreshore and the waterway, but does not include a marina.
classified road has the same meaning as in the Roads Act 1993.
Note—
The term is defined as follows—
classified road means any of the following—
(a)  a main road,
(b)  a highway,
(c)  a freeway,
(d)  a controlled access road,
(e)  a secondary road,
(f)  a tourist road,
(g)  a tollway,
(h)  a transitway,
(i)  a State work.
(See Roads Act 1993 for meanings of these terms.)
clearing native vegetation has the same meaning as in Part 5A of the Local Land Services Act 2013.
clearing vegetation has the same meaning as in State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017.
coastal hazard has the same meaning as in the Coastal Management Act 2016.
coastal lake means a body of water identified in Schedule 1 to State Environmental Planning Policy (Coastal Management) 2018.
coastal protection works has the same meaning as in the Coastal Management Act 2016.
coastal waters of the State—see section 58 of the Interpretation Act 1987.
coastal zone has the same meaning as in the Coastal Management Act 2016.
commercial premises means any of the following—
(a)  business premises,
(b)  office premises,
(c)  retail premises.
community facility means a building or place—
(a)  owned or controlled by a public authority or non-profit community organisation, and
(b)  used for the physical, social, cultural or intellectual development or welfare of the community,
but does not include an educational establishment, hospital, retail premises, place of public worship or residential accommodation.
community land has the same meaning as in the Local Government Act 1993.
correctional centre means—
(a)  any premises declared to be a correctional centre by a proclamation in force under section 225 of the