State Environmental Planning Policy (Precincts—Central River City) 2021

Chapter 1 Preliminary

1.1 Name of Policy

This Policy is State Environmental Planning Policy (Precincts—Central River City) 2021.

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—

the Act means the Environmental Planning and Assessment Act 1979.

Note—

The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Policy.

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 sections 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 section 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—

the Act means the Environmental Planning and Assessment Act 1979.

Note—

The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Chapter.

(2)  Words and expressions used in this Chapter have the same meaning as they have in Schedule 6A to the Act.

(3)  A reference to this Chapter includes a reference to an Appendix made under this Chapter.

s 2.3: Am 2022 (835), Sch 1[1] [2].

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.

(5)  A map referred to in an Appendix made under this Chapter is taken to be a map adopted by this Chapter.

s 2.4: Am 2022 (835), Sch 1[3].

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.

2.6A Savings

A development application made, but not finally determined, before the commencement of State Environmental Planning Policy Amendment (Exceptions to Development Standards) 2023 must be determined as if that policy had not commenced.

s 2.6A: Ins 2023 (524), Sch 2.1[1].

Part 2.2 State significant precincts

2.7 State significant precincts

(1)  Each Appendix made under this Chapter describes a State significant precinct.

(2)  The provisions in an Appendix made under this Chapter relating to the carrying out of development on a State significant precinct have effect.

s 2.7: Am 2022 (835), Sch 1[4].

2.8 Guidelines for proposals for State significant precinct listing

(1)  The Minister may publish guidelines for proposals to amend an Appendix made under this Chapter.

(2)  This section does not preclude an amendment of an Appendix made under this Chapter without compliance with those guidelines.

s 2.8: Am 2022 (835), Sch 1[4].

Chapter 3 Sydney region growth centres

Part 3.1 Preliminary

3.1 Aims of Chapter

The aims of this Chapter are (in conjunction with amendments to the regulations under the Act relating to precinct planning) as follows—

(a)  to co-ordinate the release of land for residential, employment and other urban development in the North West Growth Centre,

(b)  to enable the Minister from time to time to designate land in growth centres as ready for release for development,

(c)  to provide for comprehensive planning for growth centres,

(d)  to enable the establishment of vibrant, sustainable and liveable neighbourhoods that provide for community well-being and high quality local amenity,

(e)  to provide controls for the sustainability of land in growth centres that has conservation value,

(f)  to provide for the orderly and economic provision of infrastructure in and to growth centres,

(g)  to provide development controls in order to protect the health of the waterways in growth centres,

(h)  to protect and enhance land with natural and cultural heritage value,

(i)  to provide land use and development controls that will contribute to the conservation of biodiversity.

s 3.1: Am 2022 (835), Sch 1[5].

3.2 Interpretation

(1)  In this Chapter—

flood prone and major creeks land means the land in a growth centre precinct shown as flood prone and major creeks land and coloured blue on the North West Growth Centre Development Control Map.

growth centre means the North West Growth Centre shown on the North West Growth Centre Precinct Boundary Map.

Note—

The North West Growth Centre was, but is no longer, a growth centre under the Growth Centres (Development Corporations) Act 1974.

growth centre precinct or precinct means a precinct shown on the North West Growth Centre Precinct Boundary Map.

growth centre structure plan means the structure plan for the North West Growth Centre comprising the explanatory notes and the map identified by the Minister on the commencement of State Environmental Planning Policy (Sydney Region Growth Centres) Amendment (Miscellaneous) 2010.

Precinct Plan means an Appendix made under this Chapter.

special area means land shown as being in a special area on the Special Areas Map.

Standard Instrument means the standard instrument set out in the Standard Instrument (Local Environmental Plans) Order 2006.

transitional land means land in a growth centre precinct shown as transitional land and hatched pink on the North West Growth Centre Development Control Map.

Note—

The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Chapter.

(2)    (Repealed)

(3)  A reference in this Chapter to a growth centre structure plan is a reference to a plan deposited in the Department.

(4)  A reference to this Chapter includes a reference to an Appendix made under this Chapter.

s 3.2: Am 2022 (835), Sch 1[4] [6]–[9].

3.3 Application of Standard Instrument land uses and other terms

(1)  Words used in this Chapter have the same meaning as in the Standard Instrument, unless otherwise defined in this Chapter.

(2)  In this Chapter—

archaeological site means an area of land—

(a)  shown on the Heritage Map as an archaeological site, and

(b)  the location and nature of which is described in a Schedule to a Precinct Plan, and

(c)  that contains one or more relics.

biosolid waste application means the application of sludge or other semi-solid products of human sewage treatment plants to land for the purpose of improving land productivity, that is undertaken in accordance with the NSW Environment Protection Authority’s guidelines titled Environmental Guidelines: Use and Disposal of Biosolids Products (EPA 1997) and Addendum to Environmental Guidelines: Use and Disposal of Biosolids Products (EPA 2000a).

boat repair facility means a boat building and repair facility within the meaning of the Standard Instrument.

bulky goods premises means a building or place used primarily for the sale by retail, wholesale or auction of, or for the hire or display of, bulky goods, being goods that are of a size or weight that requires—

(a)  a large area for handling, display or storage, or

(b)  direct vehicular access to the site of the building or place by members of the public for the purpose of loading or unloading the goods into or from their vehicles after purchase or hire,

but does not include a building or place used for the sale of foodstuffs or clothing unless their sale is ancillary to the sale or hire or display of bulky goods.

funeral chapel means premises used to arrange, conduct and cater for funerals and memorial services, and includes facilities for the short-term storage, dressing and viewing of bodies of deceased persons, but does not include premises with mortuary facilities.

heavy industry means an industry that—

(a)  requires separation from other land uses because of the nature of the processes involved, or the materials used, stored or produced, and

(b)  may consist of or include a hazardous or offensive industry or involve the use of a hazardous or offensive storage establishment.

heritage conservation area means an area of land—

(a)  shown on the Heritage Map as a heritage conservation area or as a place of Aboriginal heritage significance, and

(b)  the location and nature of which is described in a Schedule to a Precinct Plan,

and includes any heritage items situated on or within that area.

heritage item means a building, work, archaeological site, tree, place or Aboriginal object—

(a)  shown on the Heritage Map as a heritage item, and

(b)  the location and nature of which is described in a Schedule to a Precinct Plan, and

(c)  specified in an inventory of heritage items that is available at the office of the Council.

industry means the manufacturing, production, assembling, altering, formulating, repairing, renovating, ornamenting, finishing, cleaning, washing, dismantling, transforming, processing or adapting, or the research and development of goods, chemical substances, food, agricultural or beverage products, or articles for commercial purposes, but does not include extractive industry or a mine.

landscape and garden supplies means a building or place where trees, shrubs, plants, bulbs, seeds and propagating material are offered for sale, whether by retail or wholesale and may include—

(a)  the sale of landscape supplies, including earth products or other landscape and horticulture products, and

(b)  the carrying out of horticulture.

light industry means an industry, not being a hazardous or offensive industry or involving use of a hazardous or offensive storage establishment, in which the processes carried on, the transportation involved or the machinery or materials used do not interfere with the amenity of the neighbourhood by noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit, oil, or otherwise.

manor home means a 2-storey building containing 4 dwellings, other than a residential flat building or multi dwelling housing, where—

(a)  each storey contains 2 dwellings, and

(b)  each dwelling is on its own lot that is within a strata scheme or community title scheme, and

(c)  access to each dwelling is provided through a common or individual entry at ground level.

multi dwelling housing does not include a manor home.

Note—

Multi dwelling housing is defined in the Standard Instrument.

place of Aboriginal heritage significance means an Aboriginal place of heritage significance within the meaning of the Standard Instrument and that may be shown on the Heritage Map.

remnant native vegetation has the same meaning as in the Native Vegetation Act 2003, section 9, immediately before its repeal.

residential accommodation includes manor homes and studio dwellings.

Note—

Residential accommodation is defined in the Standard Instrument.

residential flat building does not include a manor home.

Note—

Residential flat building is defined in the Standard Instrument.

restaurant means a building or place the principal purpose of which is the provision of food or beverages to people for consumption on the premises, whether or not take away meals and beverages or entertainment are also provided.

studio dwelling means a dwelling that is—

(a)  established in conjunction with another dwelling (the principal dwelling), and

(b)  erected above a garage that is on the same lot of land as the principal dwelling, whether the garage is attached to, or is separate from, the principal dwelling.

timber and building supplies means a building or place used for the display, sale, whether by retail or wholesale, or hire of goods or materials that are used in the construction and maintenance of buildings.

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 the waste, and whether or not the operations are carried out on a commercial basis. It may include but is not limited to—

(a)  an extractive industry ancillary to, required for or associated with the preparation or remediation of the site for the storage, treatment, purifying or disposal, and

(b)  eco-generating works ancillary to or associated with storage, treatment, purifying or disposal.

3.4 Consent authority

(1)  Except as provided by a Precinct Plan, the consent authority for the purposes of this Chapter is (subject to the Act) the council of the area in which the land concerned is situated.

Note—

The Act enables an environmental planning instrument to specify a Minister or another public authority to be the consent authority for all or any particular kind of development in that zoned land.

(2)  Despite subsection (1), the consent authority for the purposes of this Chapter for land to which State Environmental Planning Policy (Western Sydney Parklands) 2009 applies is the consent authority stated in clause 10 of that Policy.

3.5 Land to which Chapter applies

This Chapter applies to all land in a growth centre.

3.6 Relationship with other environmental planning instruments

(1)  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.

3.7 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 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. 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.

(5)  A map referred to in this Chapter, immediately before the commencement of this section, is taken to be a map approved by the Minister under this section.

(6)  A map referred to in an Appendix made under this Chapter is taken to be a map adopted by this Chapter.

s 3.7: Am 2022 (835), Sch 1[10].

3.8 Names of maps adopted by Chapter

In this Chapter—

Floor Space Ratio Map means the State Environmental Planning Policy (Sydney Region Growth Centres) 2006 North West Growth Centre Floor Space Ratio Map.

Height of Buildings Map means the State Environmental Planning Policy (Sydney Region Growth Centres) 2006 North West Growth Centre Height of Buildings Map.

Heritage Map means the State Environmental Planning Policy (Sydney Region Growth Centres) 2006 North West Growth Centre Heritage Map.

Key Sites Map means the State Environmental Planning Policy (Sydney Region Growth Centres) 2006 North West Growth Centre Key Sites Map.

Land Application Map means the State Environmental Planning Policy (Sydney Region Growth Centres) 2006 North West Growth Centre Land Application Map.

Land Reclassification (Part Lots) Map means the State Environmental Planning Policy (Precincts—Central River City) 2021 North West Growth Centre Land Reclassification (Part Lots) Map.

Land Reservation Acquisition Map means the State Environmental Planning Policy (Sydney Region Growth Centres) 2006 North West Growth Centre Land Reservation Acquisition Map.

Land Zoning Map means the State Environmental Planning Policy (Sydney Region Growth Centres) 2006 North West Growth Centre Land Zoning Map.

Lot Size Map means the State Environmental Planning Policy (Sydney Region Growth Centres) 2006 North West Growth Centre Lot Size Map.

Native Vegetation Protection Map means the State Environmental Planning Policy (Sydney Region Growth Centres) 2006 North West Growth Centre Native Vegetation Protection Map.

North West Growth Centre Development Control Map means the State Environmental Planning Policy (Sydney Region Growth Centres) 2006 North West Growth Centre Development Control Map.

North West Growth Centre Precinct Boundary Map means the State Environmental Planning Policy (Sydney Region Growth Centres) 2006 North West Growth Centre Precinct Boundary Map.

Residential Density Map means the State Environmental Planning Policy (Sydney Region Growth Centres) 2006 North West Growth Centre Residential Density Map.

Riparian Protection Area Map means the State Environmental Planning Policy (Sydney Region Growth Centres) 2006 North West Growth Centre Riparian Protection Area Map.

Special Areas Map means the State Environmental Planning Policy (Sydney Region Growth Centres) 2006 North West Growth Centres Special Areas Map.

s 3.8: Subst 2022 (835), Sch 1[11]. Am 2024 (63), Sch 1[1].

3.9 Savings

(1)  A development application for development on land to which this Chapter applies must be determined as if State Environmental Planning Policy Amendment (Precincts) 2021, Schedule 2 (Precincts SEPP) had not commenced.

(2)  Subsection (1) only applies to a development application that was—

(a)  lodged before the commencement of the Precincts SEPP, and

(b)  not finally determined before the commencement of State Environmental Planning Policy (Sydney Region Growth Centres) Amendment (Savings) 2022.

(3)  A development application made, but not finally determined, before the commencement of State Environmental Planning Policy Amendment (Exceptions to Development Standards) 2023 must be determined as if that policy had not commenced.

s 3.9: Am 2023 (524), Sch 2.1[2] [3].

Part 3.2 Land use and other development controls resulting from precinct planning

3.10 Controls applying to growth centre precincts after finalisation of precinct planning

The provisions applying to the carrying out of development in a growth centre precinct are specified in an Appendix made under this Chapter, as shown in the following table—

Column 1	Column 2
Growth centre precinct	Appendix
North Kellyville Precinct	Appendix 5
Riverstone West Precinct	Appendix 6
Alex Avenue and Riverstone Precincts	Appendix 7
Area 20 Precinct	Appendix 8
Schofields Precinct	Appendix 9
Box Hill and Box Hill Industrial Precincts	Appendix 10
Marsden Park Precinct	Appendix 11, to the extent to which the Blacktown Growth Centres Precinct Plan 2013 applies
Riverstone East Precinct	Appendix 11, to the extent to which the Blacktown Growth Centres Precinct Plan 2013 applies
West Schofields (Townson Road) Precinct	Appendix 11, to the extent to which the Blacktown Growth Centres Precinct Plan 2013 applies
Vineyard Precinct	Appendix 12, to the extent to which the Hawkesbury Growth Centres Precinct Plan 2017 applies
Marsden Park Industrial Precinct	Appendix 13

s 3.10: Subst 2022 (835), Sch 1[12].

3.11 Controls applying to Colebee Precinct

For the purposes of this Chapter, the provisions applying to the carrying out of development in the following precincts are those specified below for the precincts—

(a)  the provisions of Blacktown Local Environmental Plan 1988 are specified for the Colebee precinct within the North West Growth Centre.

(b)–(e)    (Repealed)

s 3.11: Am 2022 (835), Sch 1[13] [14].

3.12 Development in growth centres under other environmental planning instruments

Development carried out under any other environmental planning instrument on land that is the subject land within the meaning of Part 7 of Schedule 7 to the Threatened Species Conservation Act 1995 is taken, for the purposes of this Chapter, to be development carried out under this Chapter.

s 3.12: Am 2022 (835), Sch 1[14].

Part 3.3 Land Use—Environment Conservation and Recreation Zones

3.13 Application of Part and of other planning instruments

(1)  This Part applies to land within a growth centre precinct that is zoned under this Part.

(2)  Land that is zoned under this Part is not subject to the provisions of any environmental planning instrument (other than a State environmental planning policy or regional environmental plan) applying to the land concerned, except to the extent that this Chapter otherwise provides.

(3)  This Part does not apply to land to which a Precinct Plan applies or land referred to in section 3.11.

3.14 Land use zones

The land use zones under this Part are as follows—

Environment Conservation

Public Recreation—Regional

Public Recreation—Local

3.15 Objectives for development in land use reservation zones

(1)  The objectives for development in each land use reservation zone are set out in the Table to this section.

(2)  The consent authority must have regard to the objectives for development in any such zone when determining a development application in respect of land within the zone.

Table

Environment Conservation Zone

(a)  to protect and restore areas of special ecological, scientific or aesthetic values,

(b)  to conserve biological diversity, native vegetation corridors, aboriginal heritage or cultural values of the land, and its scenic qualities.

Public Recreation—Regional Zone

(a)  to enhance, restore and protect the natural and cultural heritage values of the land,

(b)  to enable the land to be used for regional open space or recreational purposes that are consistent with the protection of its natural and cultural heritage values.

Public Recreation—Local Zone

(a)  to enhance, restore and protect the natural and cultural heritage values of the land,

(b)  to enable the land to be used for public open space or recreational purposes that are consistent with the protection of its natural and cultural heritage values.

3.16 Zoning of land to which Part applies

For the purposes of this Part, land is within the land use zones shown on the land zoning map.

3.17 Land use table for zones to which Part applies

(1)  The land use table set out at the end of this section specifies the following for each land use zone—

(a)  development that may be carried out without consent,

(b)  development that may be carried out only with consent,

(c)  development that is prohibited.

(2)  This section is subject to the other provisions of this Chapter.

(3)  In the land use table—

public entertainment means entertainment to which admission may ordinarily be gained by members of the public on payment of money or other consideration, whether—

(a)  some, but not all, persons are admitted free of charge, or

(b)  the money or other consideration is required as a charge—

(i)  for a meal or other refreshment before admission is granted, or

(ii)  for the entertainment after admission is granted.

Land use table

Environment Conservation Zone

(1) Permitted without consent Development permitted by or under the National Parks and Wildlife Act 1974 (but only if the land is reserved under that Act); development for the purpose of eradicating noxious weeds in accordance with the Noxious Weeds Act 1993.

(2) Permitted with consent Development for building identification signs, environmental facilities, environmental protection works, flood mitigation works, information and education facilities, kiosks associated with environmental facilities, temporary structures.

(3) Prohibited Any other development.

Public Recreation—Regional Zone

(1) Permitted without consent Development permitted by or under the National Parks and Wildlife Act 1974 (but only if the land is reserved under that Act); development for the purpose of eradicating noxious weeds in accordance with the Noxious Weeds Act 1993.

(2) Permitted with consent Development for building identification signs, environmental facilities, environmental protection works, flood mitigation works, information and education facilities, kiosks, public entertainment, recreation areas, recreation facilities (outdoor), temporary structures.

(3) Prohibited Any other development.

Public Recreation—Local Zone

(1) Permitted without consent Development permitted by or under the National Parks and Wildlife Act 1974 (but only if the land is reserved under that Act); development for the purpose of eradicating noxious weeds in accordance with the Noxious Weeds Act 1993.

(2) Permitted with consent Development for advertisements, advertising structures, drainage, earthworks, entertainment facilities, environmental protection works, flood mitigation works, kiosks associated with environmental facilities, public entertainment, recreation areas, recreation facilities, telecommunication facilities, telecommunication networks or temporary structures.

(3) Prohibited Any other development.

s 3.17: Renumbered as sec 3.18, 2023 (458), Sch 3.4[1].

3.18 Additional permitted uses

(1)  Despite anything to the contrary in this Part, development described or referred to in the Table to this section may be carried out on land zoned under this Part—

(a)  with consent, or

(b)  if the Table so provides—without consent.

(2)  The consent authority must have regard to the objectives for development in the zone concerned when determining a development application in respect of any such development.

Table of additional permitted uses

Property description	Additional use	Type of consent
Rouse Hill Regional Park	Information and education facilities	With development consent

s 3.18 (previously s 3.17): Renumbered 2023 (458), Sch 3.4[1].

3.19 Development for previously permitted uses of land

(1)  Despite anything to the contrary in this Part, the consent authority may grant consent to the carrying out of development on land zoned under this Part that is not otherwise permitted by this Part if—

(a)  the development is of a kind that could be carried out on the land under an applicable environmental planning instrument immediately before the commencement of this Chapter, and

(b)  the relevant public authority referred to in section 3.20 that may be required to acquire the land grants concurrence to the proposed development, and

(c)  the development is consistent with the aims of this Chapter.

(2)  In deciding whether to grant concurrence to proposed development under this section, the relevant public authority must take the following matters into consideration—

(a)  the need to carry out development on the land for the purposes for which the land is zoned under this Part,

(b)  the imminence of acquisition of the land by the public authority,

(c)  the likely additional cost to the public authority resulting from the carrying out of the proposed development.

3.20 Acquisition of land zoned under this Part

The authority of the State that will be the relevant authority to acquire any land zoned under this Part, if the land is required to be acquired under Division 3 of Part 2 of the Land Acquisition (Just Terms Compensation) Act 1991, is—

(a)  in the case of land within the Environment Conservation Zone or the Public Recreation—Regional Zone—the corporation constituted under section 2.5(1) of the Act, or

(b)  in the case of land within the Public Recreation—Local Zone—the council of the area in which the land is situated.

Part 3.4 Development controls—general

Note—

Sections 3.21 and 3.22 do not apply to land to which a Precinct Plan applies or to land referred to in section 3.11.

3.21 Development applications in growth centres—matters for consideration until finalisation of precinct planning for land

(1)  Until provisions have been specified in a Precinct Plan or in section 3.11 with respect to the development of the land, consent is not to be granted to the carrying out of development on land within a growth centre unless the consent authority has taken into consideration the following—

(a)  whether the proposed development will preclude the future urban and employment development land uses identified in the relevant growth centre structure plan,

(b)  whether the extent of the investment in, and the operational and economic life of, the proposed development will result in the effective alienation of the land from those future land uses,

(c)  whether the proposed development will result in further fragmentation of land holdings,

(d)  whether the proposed development is incompatible with desired land uses in any draft environmental planning instrument that proposes to specify provisions in a Precinct Plan or in section 3.11,

(e)  whether the proposed development is consistent with the precinct planning strategies and principles set out in any publicly exhibited document that is relevant to the development,

(f)  whether the proposed development will hinder the orderly and co-ordinated provision of infrastructure that is planned for the growth centre,

(g)  in the case of transitional land—whether (in addition) the proposed development will protect areas of aboriginal heritage, ecological diversity or biological diversity as well as protecting the scenic amenity of the land.

(2)  This section does not apply to land zoned under Part 3.

3.22 Referral to Department after release of precinct

(1)  This section applies to land within a growth centres precinct that has been released by the Minister under the Environmental Planning and Assessment Regulation 2021 for urban development, and so applies until provisions have been specified in a Precinct Plan or in section 3.11 with respect to the development of the land.

(2)  The consent authority must, in the case of a development application for the carrying out of development (not being for a single residential dwelling)—

(a)  with an estimated development cost of more than $500,000, or

(b)  in respect of land that has an area of more than 2 hectares, or

(c)  that is a subdivision of land (being a subdivision that creates 2 or more lots),

refer the application to the Planning Secretary for comment.

Note—

The Environmental Planning and Assessment Regulation 2021, section 35 provides that a development application referred to in this subsection cannot be made unless it is accompanied by an assessment of the consistency of the proposed development with the relevant growth centre structure plan.

(3)  The consent authority must take any comments received from the Planning Secretary (within 21 days after the development application was referred to the Planning Secretary for comment) into consideration when determining whether to grant consent to any such development.

(4)    (Repealed)

(5)  Despite subsection (1), this section does not apply to land within the Alex Avenue and Riverstone Precincts that is not land to which the Alex Avenue and Riverstone Precinct Plan 2010 (as referred to in Appendix 7) applies.

Note—

The Alex Avenue and Riverstone Precinct Plan 2010 applies to land in the Alex Avenue and Riverstone Precincts (as shown on the Land Application Map).

The Land Application Map differs from the Precinct Boundary Map. and, as such, the Alex Avenue and Riverstone Precinct Plan 2010 does not apply to all the land in the Alex Avenue and Riverstone Precincts (as shown on the Precinct Boundary Map).

(6)  Despite subsection (5), this section does apply to Lot 2, DP 563818.

(7)  In this section—

estimated development cost has the same meaning as in the Environmental Planning and Assessment Regulation 2021.

s 3.22: Am 2022 (835), Sch 1[15] [16]; 2023 (523), Sch 2.3[1]–[3].

3.23 Water recycling and conservation

Note—

This section and sections 3.24 and 3.25 apply to all land to which this State Environmental Planning Policy applies (except as otherwise provided by those sections).

(1)  This section applies to land within a growth centre—

(a)  that is serviced by a water recycling plant, or

(b)  that will be serviced by a water recycling plant as soon as the plant becomes operational.

(2)  A consent authority must not grant consent to the carrying out of development on land unless the consent authority is satisfied that recycled water from the water recycling plant will be provided to the development.

(3)  However, the consent authority may grant consent if it is satisfied that the development will be provided with recycled water from a water recycling or water conservation system approved by the Minister and specified in the Table to this section.

(4)    (Repealed)

Table of approved systems

Note—

On the commencement of this Chapter, the Table was blank.

s 3.23: Am 2022 (835), Sch 1[14].

3.24 Public utility undertakings and clearing of native vegetation

(1)  Development for public utility undertakings (other than electricity generating works or water recycling facilities) may be carried out without consent on land to which this Chapter applies (subject to subsection (3)).

(2)  A public authority, or a person acting on behalf of a public authority, must not carry out development comprising the clearing of native vegetation (within the meaning of the Native Vegetation Act 2003) on land that is not subject land (within the meaning of clause 17 of Schedule 7 to the Threatened Species Conservation Act 1995) unless the authority or person has—

(a)  given written notice of the intention to carry out the development to the Department of Planning and Infrastructure, and

(b)  taken into consideration any response to the notice that is received from that Department within 21 days after the notice is given.

3.25 Electricity generating works and water recycling facilities

(1)  The consent authority must not grant consent to development for the purpose of electricity generating works or water recycling facilities unless it is satisfied that the development—

(a)  will be of a small scale, and

(b)  is likely to have only a minor environmental impact, and

(c)  is consistent with the principles of ecologically sustainable development.

Part 3.5 Development controls—flood prone and major creeks land

3.26 Development on flood prone and major creeks land—additional heads of consideration

(1)  This section applies to development requiring consent that is carried out on flood prone and major creeks land (other than any such land to which section 3.27 applies).

(2)  Consent is not to be granted to the carrying out of development to which this section applies unless the consent authority has taken the following into consideration—

(a)  whether or not the development will adversely affect flood behaviour resulting in detrimental increases in the potential flood affectation of other development or properties,

(b)  whether or not the development will alter flow distributions and velocities to the detriment of other properties or the environment of the floodplain,

(c)  whether the development will enable safe occupation of the flood prone and major creeks land,

(d)  whether or not the development will detrimentally affect the floodplain environment or cause avoidable erosion, siltation, salinity, destruction of riparian vegetation or a reduction in the stability of the riverbank/watercourse,

(e)  whether or not the development will be likely to result in unsustainable social and economic costs to the flood affected community or general community, as a consequence of flooding,

(f)  whether or not the development is compatible with the flow conveyance function of the floodway,

(g)  whether or not the development is compatible with the flood hazard,

(h)  in the case of development consisting of the excavation or filling of land, whether or not the development—

(i)  will detrimentally affect the existing drainage patterns and soil stability in the locality, and

(ii)  will significantly impact on the likely future use or redevelopment of the land, and

(iii)  will adversely impact on the existing and likely amenity of adjoining properties, and

(iv)  will minimise the disturbance of relics, and

(v)  will adversely impact on any watercourse, drinking water catchment or environmentally sensitive area.

Note—

Section 4.15 of the Act requires other matters to be taken into consideration by a consent authority, including any draft environmental planning instrument that is placed on public exhibition during the precinct planning process for the purpose of including relevant land use and other development controls in an Appendix made under this Chapter.

s 3.26: Am 2022 (835), Sch 1[4].

3.27 Development on and near certain land at Riverstone West

(1)  This section applies to the land shown outlined in red on the North West Growth Centre Development Control Map (the relevant area).

(2)  Despite any other provision of this Chapter (including any Precinct Plan), the consent authority must not grant consent for development on land in the relevant area unless it is satisfied that the proposed development—

(a)  will be undertaken in a way that is consistent with the floodplain management strategy in the Riverstone West Precinct Development Control Plan published by the Department in August 2009, and

(b)  does not materially increase flood levels on properties adjoining the relevant area in events up to the design 100 year recurrence flood, and

(c)  limits any increases in flood velocities on properties adjoining the relevant area in events up to the design 100 year recurrence flood to minor increases only, and

(d)  is not likely to result in adverse flood impacts on properties adjoining the relevant area (including during any construction stage of the proposed development).

(3)  This section does not apply to development that the consent authority is satisfied is minor and will not result in unacceptable adverse flood impacts on properties adjoining the relevant area.

s 3.27: Am 2022 (835), Sch 1[17]–[20].

Part 3.6 Development controls—vegetation

3.28 Land to which Part applies

(1)  This Part applies to the following land—

(a)  land zoned under Part 3.3,

(b)  flood prone and major creeks land,

(c)  transitional land,

(d)  land that is—

(i)  under State Environmental Planning Policy (Precincts—Western Parkland City) 2021, Chapter 7, in an environmental conservation area shown on the State Environmental Planning Policy (Western Sydney Parklands) 2009 Environmental Conservation Areas Map, and

(ii)  in a growth centre.

(2)  This Part does not apply to land reserved under the National Parks and Wildlife Act 1974, unless the land is land mentioned in subsection (1)(d).

(3)  Despite subsection (1), this Part does not apply to land to which a Precinct Plan applies.

(4)    (Repealed)

s 3.28: Am 2022 (835), Sch 1[21]–[23].

3.29 Vegetation to which Part applies

(1)  This Part applies to native vegetation within the meaning of the Native Vegetation Act 2003.

(2)  This Part does not apply to any particular native vegetation that the council of the area concerned is satisfied—

(a)  is dying or dead and is not required as the habitat of native fauna, or

(b)  is a risk to human life or property.

(3)  This Part does not apply to any native vegetation—

(a)  within a State forest, or land reserved from sale as a timber or forest reserve under the Forestry Act 1916, or

(b)  declared to be noxious weeds under the Noxious Weeds Act 1993.

3.30 Consent for clearing native vegetation

(1)  A person must not clear native vegetation on land to which this Part applies without—

(a)  approval under Part 3A of the Act, or

(b)  development consent.

For the purposes of this section, clearing native vegetation has the same meaning as it has in the Native Vegetation Act 2003.

Note—

A consent of the relevant consent authority required under this section for the clearing of native vegetation is in addition to any development consent required or granted by the Minister for Natural Resources under the Native Vegetation Act 2003 in respect of that clearing.

(2)  Development consent under this section is not to be granted unless the consent authority is satisfied of the following in relation to the disturbance of bushland caused by the clearing of the vegetation—

(a)  that there is no reasonable alternative available to the disturbance of the bushland,

(b)  that as little bushland as possible will be disturbed,

(c)  that the disturbance of the bushland will not increase salinity,

(d)  that bushland disturbed for the purposes of construction will be re-instated where possible on completion of construction,

(e)  that the loss of remnant bushland caused by the disturbance will be compensated by revegetation on or near the land to avoid any net loss of remnant bushland,

(f)  that no more than 0.5 hectare of bushland will be cleared unless the clearing is essential for a previously permitted use of the land.

(3)  The consent authority must, when determining a development application in respect of the clearing of native vegetation on land within a zone under Part 3, have regard to the objectives for development in that zone.

(4)  This section does not apply to or in respect of action required or authorised to be done by or under the Electricity Supply Act 1995, the Roads Act 1993, the Sydney Water Act 1994 or the Surveying Act 2002.

3.31 Relationship to tree preservation under other planning instruments

This Part does not affect any requirement of another environmental planning instrument applying to the land concerned relating to the preservation of trees. However, a development consent granted under this Part that allows any clearing of native vegetation satisfies any requirement under that other instrument for approval of any ringbarking, cutting down, topping, lopping, removal, injuring or destruction of a tree resulting from any such clearing.

Part 3.7 Development controls—cultural heritage landscape area

3.32 Application of Part

This Part applies to development requiring consent that is carried out on the cultural heritage landscape area, being the land in the vicinity of the Rouse Hill House Estate that is shown hatched brown on the map marked “North West Growth Centre Development Control Map”.

3.33 Development on land in cultural heritage landscape area—additional heads of consideration

Consent is not to be granted to the carrying out of development to which this Part applies unless the consent authority has taken the following into consideration—

(a)  whether or not the development will adversely impact on the cultural heritage values of the Rouse Hill House Estate and its setting, having regard, in particular, to the following matters—

(i)  any proposed subdivision design and layout,

(ii)  the siting, height, bulk and scale of any proposed buildings or works (including any buildings or works likely to result from any proposed subdivision),

(iii)  the materials and colours to be used in any proposed buildings, fences or other structures,

(iv)  the extent, location and form of any proposed landscaping and its ability to reduce the visual impact of the development,

(v)  the impact of the development on any archaeological relics,

(b)  a site analysis of the cultural heritage landscape area that assesses development that is responsive to the topography of the area and to other development in the vicinity,

(c)  a visual analysis that assesses the impact of the development on views to and from the Rouse Hill House Estate,

(d)  measures to minimise any adverse impact of the development on the cultural heritage values of Rouse Hill House Estate and its setting.

Note—

Section 4.15 of the Act requires other matters to be taken into consideration by a consent authority, including any draft environmental planning instrument that is placed on public exhibition during the precinct planning process for the purpose of including relevant land use and other development controls in Schedule 1.

Chapter 4 Homebush Bay area

Part 4.1 Preliminary

4.1 Land to which Chapter applies

This Chapter applies to land identified as the “Homebush Bay Area” on the Homebush Bay Area Map.

4.2 Aims of this Chapter

The aims of this Chapter are—

(a)  to define objectives for the Homebush Bay Area which encourage co-ordinated and environmentally sensitive development of the Homebush Bay Area, and

(b)  to guide and co-ordinate the development of the Homebush Bay Area, and

(c)  to replace planning instruments previously applying to the Homebush Bay Area with a simplified planning framework, and

(d)  to provide flexible development controls by allowing a wide mix of uses in the Homebush Bay Area, and

(e)  to provide for the preparation of detailed planning controls to complement the flexible controls in this Chapter, and

(f)  to facilitate the development and management of Sydney Olympic Park by the Sydney Olympic Park Authority based on—

(i)  master plans (whether adopted by the Minister under this Chapter or approved by the Minister under section 18 of the Sydney Olympic Park Authority Act 2001), and

(ii)  other guidelines and management strategies adopted by the Sydney Olympic Park Authority for the management of Sydney Olympic Park, and

(g)  to provide for public consultation in the planning and development of the Homebush Bay Area.

4.3 Relationship to other planning instruments

(1)  This Chapter prevails to the extent of any inconsistency between this Chapter and any other environmental planning instrument which applies to land to which this Chapter applies, except the following—

State Environmental Planning Policy No 55—Remediation of Land

It does not matter whether the other instrument was made before, or is made on or after, the day on which this plan takes effect.

(2)  This Chapter repeals or amends the planning instruments listed in Schedule 1 as set out in that Schedule.

4.4 Suspension of certain laws

(1)  Section 33 of the Sydney Harbour Trust Act 1900 and any agreement or covenant do not apply to any development permitted under this Chapter to the extent necessary to enable the development to be carried out in accordance with this Chapter.

(2)  Before this Chapter was made, the Governor approved of the making of this section on the recommendation of the Minister made with the concurrence of the Minister administering the Sydney Harbour Trust Act 1900.

4.5 Definitions

(1)  Certain terms used in this Chapter are defined in Schedule 2.

(2)  References in this Chapter to maps and documents are to maps and documents deposited at the head office of the Department and copies of which are held at the Department’s Sydney Region West office. Copies of the maps are also held at the offices of the Councils of Auburn, Canada Bay and Strathfield.

(3)  Notes included in this Chapter do not form part of this Chapter.

4.6 Adoption of model provisions

(1)  This Chapter adopts clauses 4 (except for the definition of map) and 35 of, and Schedule 1 to, the Environmental Planning and Assessment Model Provisions 1980.

(2)  For the purposes of that adoption, references in those Provisions to a local environmental plan are taken to be references to this Chapter.

Part 4.2 General provisions relating to development

4.7 General requirement for development consent

All development within the Homebush Bay Area requires the consent of the consent authority, except development described in Schedule 3.

4.8 Consent authorities

(1)  The relevant council is the consent authority for land in the Homebush Bay Area (including land/water interface development), except as provided by subsection (2), the Act and the Sydney Olympic Park Authority Act 2001.

(2)  The Minister for Transport has the function of determining all development applications for consent for water-based development.

4.9 Permissible uses

(1)  Development of land within the Homebush Bay Area may be carried out for any purpose that the consent authority considers to be consistent with any one or more of the planning objectives for the Homebush Bay Area.

(2)  The following development may be carried out, but only with development consent, on land shown coloured and described as “Residential”, “Village Centre” or “High Tech Business Park” on the map marked “Sydney Regional Environmental Plan No 24—Homebush Bay Area—Amendment No 2—Map 1”—

(a)  subdivision, or

(b)  development for the purposes of a building, work, place or land use specified in Schedule 8 in relation to the land concerned.

(3)  In Schedule 8—

(a)  terms used in that Schedule that are defined in the Environmental Planning and Assessment Model Provisions 1980 have the same meanings as they have in those model provisions, and

(b)  solar generating work means a device that captures solar energy for use on a site or for transferral to an electricity grid.

4.10 Planning objectives

The planning objectives for the Homebush Bay Area are as follows—

Regional Role and Land Use

(a)  to promote development of major public facilities and other public facilities that will establish the Homebush Bay Area, and Sydney Olympic Park in particular, as a centre for hosting regional, State, national and international events,

(b)  to preserve and protect the Homebush Bay Area’s regionally significant wetlands and woodlands in Sydney Olympic Park,

(c)  to promote a variety of types of development and land uses other than those referred to in paragraph (a) (for example, commercial, retail, industrial, residential, recreational, open space, institutional and tourism uses), but only if the type and scale of those uses do not prevent the use or reduce the attractiveness or suitability of the Homebush Bay Area, and Sydney Olympic Park in particular, for development referred to in paragraph (a),

(d)  to permit a range of ancillary development and land uses (for example, roads, parking areas, public transport, utility services, remediation of land, flood mitigation, drainage works, land filling, earthworks, clearing, site rehabilitation and dredging works),

Relationship to Surrounding Sites and Areas

(e)  to integrate the Homebush Bay Area, and Sydney Olympic Park in particular, with the regional transport network, whether on land or water, including public transport systems, roads, cycleways and walkways,

(f)  to protect the Homebush Bay Area and land surrounding it from adverse effects resulting from the holding of major public events,

Quality and Nature of Urban Form

(g)  to promote co-ordinated, sensitive and high quality development in the Homebush Bay Area through the adoption of overall guidelines for development relating to, for example, urban design, landscaping and signage,

(h)  to promote ecologically sustainable development,

(i)  to take advantage of the proximity of the Homebush Bay Area to the Parramatta River and Homebush Bay by encouraging development that preserves and improves views from and of the waterfront and to enhance public access to those waterways and waterfront areas, while protecting flora and fauna habitats,

Environmental and Heritage Protection

(j)  to protect sensitive natural environments, such as wetlands, woodlands and grasslands/wetlands (as shown on the map marked “Homebush Bay Area—Environmental Conservation Areas Map”), by identifying environmental conservation areas and ensuring that the ecological significance of these areas is not reduced,

(k)  to identify and protect heritage items, heritage conservation areas and potential historical archaeological sites and ensure that development is sympathetic to them,

(l)  to enable the habitat of birds protected under international agreements for the protection of migratory birds to be conserved.

4.11 Matters for consideration in determining development applications

In determining a development application, the consent authority must (in addition to considering the other matters required to be considered by section 79C of the Act) consider such of the following matters as are of relevance to the development the subject of the application—

(a)  any relevant master plan prepared for the Homebush Bay Area,

(b)  any development control plans prepared for the land to which the application relates,

(c)  to the extent to which it applies to land within Sydney Olympic Park, the “Environmental Guidelines” within the meaning of the Sydney Olympic Park Authority Act 2001 and any plan of management referred to in section 34 of that Act,

(d)  the appearance, from the waterway and the foreshores, of the development,

(e)  the impact of the development on significant views,

(f)  the effect of the development on drainage patterns, ground water, flood patterns and wetland viability,

(g)  the extent to which the development encompasses the principles of ecologically sustainable development,

(h)  the impact of carrying out the development on environmental conservation areas and the natural environment, including flora and fauna and the habitats of the species identified in international agreements for the protection of migratory birds,

(i)  the impact of carrying out the development on heritage items, heritage conservation areas and potential historical archaeological sites,

(j)  the views of the public and other authorities which have been consulted by the consent authority under this Chapter,

(k)  the issues listed in Schedule 7.

Part 4.3 Special provisions relating to development

4.12 Temporary uses

(1)  The consent authority may consent to any use of a site which is not consistent with the planning objectives for the Homebush Bay Area for a limited period if the consent authority is satisfied the use will not prejudice the eventual development of the Homebush Bay Area in accordance with the rest of this Chapter.

(2)  The consent authority must, before granting consent to such a use, be satisfied that—

(a)  appropriate arrangements have been made for the reinstatement of the site after its use in accordance with the consent so that it may be used in accordance with the rest of this Chapter, and

(b)  the use will be limited to such period as the consent authority stipulates, and

(c)  the use will not adversely affect any existing use or permissible development in accordance with this Chapter on other sites within the Homebush Bay Area, and

(d)  the use will not have any detrimental effects on the natural environment.

4.13 Master plans

(1)  Development consent must not be granted for development on land edged red on the map marked “Sydney Regional Environmental Plan No 24—Homebush Bay Area—Amendment No 2—Map 4” unless—

(a)  there is a master plan for the subject land, and

(b)  the consent authority has taken the master plan into consideration, and

(c)  the development is consistent with the master plan,

except as provided by this section.

(2)  The Minister may waive compliance with the requirements of this section because of the minor nature of the development concerned, the adequacy of the planning controls that apply to the proposed development or for such other reason as the Minister considers sufficient.

4.14 Preparation, adoption and amendment of master plans

(1)  A draft master plan for the land referred to in section 4.13, or any part of that land, may be prepared by or on behalf of the owner or lessee of the land concerned or the Director-General.

(2)  A draft master plan prepared by an owner or lessee is to illustrate and explain, where appropriate in relation to the land, proposals for the following—

(a)  design principles drawn from an analysis of the site and its context,

(b)  phasing of development,

(c)  distribution of land uses including foreshore public access and open space,

(d)  pedestrian, cycle and road access and circulation networks,

(e)  parking provision,

(f)  subdivision pattern,

(g)  infrastructure provision,

(h)  building envelopes and built form controls,

(i)  heritage conservation, implementing the guidelines set out in any applicable conservation policy, and protection of archaeological relics,

(j)  remediation of the site,

(k)  provision of public facilities,

(l)  provision of open space, its function and landscaping,

(m)  the protection of the environment, in particular as regards such part of the site as is or forms part of—

(i)  a reserve under the National Parks and Wildlife Act 1974, or

(ii)  an aquatic reserve or critical habitat under Part 7 or 7A of the Fisheries Management Act 1994, or

(iii)  critical habitat under the Threatened Species Conservation Act 1995, or

(iv)  an item of the environmental heritage or conservation area (however described) under any environmental planning instrument, or

(v)  a heritage item under the Heritage Act 1977.

(3)  To the extent to which it applies to land within Sydney Olympic Park, a draft master plan must be consistent with the plan of management for the Millennium Parklands under Division 3 of Part 4 of the Sydney Olympic Park Authority Act 2001.

Note—

To each master plan prepared for Sydney Olympic Park under this section, subsection (3) extends a requirement that applies to a master plan prepared for Sydney Olympic Park under section 18 of the Sydney Olympic Park Authority Act 2001.

(4)  A draft master plan must be submitted to the Minister for adoption.

(5)  The Director-General may recommend that a draft master plan be adopted without any variations or that it be adopted with such variations as the Director-General considers appropriate.

(6)  When submitted to the Minister, the draft master plan must—

(a)  be advertised in a newspaper circulating throughout the State and in the locality, and

(b)  be exhibited for not less than 21 days for public comment.

(7)  In considering a draft master plan, the Minister—

(a)  must take into account—

(i)  any written submissions made about the content of the draft master plan during the exhibition period, and

(ii)  the views of the relevant council, and

(b)  to the extent to which it applies to land within Sydney Olympic Park, must consider whether the plan is consistent with the “Environmental Guidelines” within the meaning of the Sydney Olympic Park Authority Act 2001.

Note—

To each master plan prepared for Sydney Olympic Park under this section, subsection (7) (b) extends a requirement that applies to a master plan prepared for Sydney Olympic Park under section 18 of the Sydney Olympic Park Authority Act 2001.

(8)  A draft master plan becomes a master plan if it is adopted by the Minister.

(9)  When a master plan is adopted, the Director-General must advertise the adoption of the master plan in a newspaper circulating in the locality.

(10)  A master plan may be amended by a master plan.

(11)  An amendment to a master plan may be dealt with concurrently with a development application.

(12)  A copy of each master plan must be made publicly available on the website of the Department.

4.15 Master plans under section 18 of Sydney Olympic Park Authority Act 2001

(1)  This section applies to a master plan prepared under section 18 of the Sydney Olympic Park Authority Act 2001.

(2)  When submitted to the Minister for approval, as referred to in section 18 (4) of the Sydney Olympic Park Authority Act 2001—

(a)  the draft master plan is to be advertised in a newspaper circulating throughout the State and in the locality and is to be exhibited for not less than 21 days for public comment, and

(b)  copies of the draft master plan are to be given to each council whose local government area includes the land to which the plan applies or any other land that, in the opinion of the Director-General, is likely to be affected by the proposals contained in the plan.

(3)  The Minister must take into account—

(a)  any written submissions made about the content of the draft master plan during the exhibition period, and

(b)  the views of the relevant council.

(4)  A master plan that has been approved by the Minister, as referred to in section 18 (4) of the Sydney Olympic Park Authority Act 2001 has the same effect as a master plan adopted by the Minister under section 4.14 if, and only if, it complies with the requirements of section 4.14 (2).

(5)  The document prepared by the Sydney Olympic Park Authority, entitled Draft Sydney Olympic Park Post-Olympic Master Plan and dated January 2002 is taken to be a draft master plan submitted to the Minister under subsection (2).

4.16 Master plans and development control plans—availability

Copies of each master plan and development control plan in relation to land within the Homebush Bay Area, as in force for the time being, must be made publicly available on the website of—

(a)  the Department, and

(b)  if part of a council’s local government area is within the Homebush Bay area—the council.

4.17 Services

Before granting consent, the consent authority must be satisfied that development will not commence until arrangements, which are satisfactory to servicing agencies it considers relevant, have been made for the supply of services such as water, sewerage, gas, electricity and drainage.

4.18 Floodprone land

Before granting consent to the carrying out of development on land in the vicinity of Haslam’s Creek defined as floodprone on the latest of any appropriate plan or report adopted for the time being by the consent authority for the purposes of this section, the consent authority must consider—

(a)  the findings and recommendations of that report, and

(b)  the impact of the proposed development on flood flows and whether compensatory works should be provided, and

(c)  if landfilling is involved, whether any compensatory flood storage or other flood mitigation works should be provided, and

(d)  the impact of the development on the ecological significance of Haslam’s Creek and Homebush Bay and their associated wetlands and any measures proposed to minimise any adverse impact, such as the provision of compensatory wetland habitats.

4.19 Contaminated land

Before granting consent to the carrying out of development within the Homebush Bay Area, the consent authority must be satisfied that—

(a)  adequate steps have been taken to identify whether the land the subject of the development is contaminated and, if so, whether remedial action needs to be taken, and

(b)  where land to be remediated contains or adjoins land which contains remnants of the natural vegetation, consideration has been given to reinstatement on the land of vegetation of the same kind in a way which will enhance the remaining natural vegetation.

4.20 Acid sulfate soils

(1)  Despite clause 35 of, and Schedule 1 to, the Environmental Planning and Assessment Model Provisions 1980 adopted by this Chapter, development (not being exempt development or complying development) that is likely to result in the disturbance of more than one tonne of soil, or to lower the water table, on land on which acid sulfate soils are present may be carried out only with development consent.

(2)  Before granting a consent required by this section, the consent authority must consider—

(a)  the adequacy of an acid sulfate soils management plan prepared for the proposed development in accordance with the Acid Sulfate Soils Assessment Guidelines, as published by the NSW Acid Sulfate Soils Management Advisory Committee and adopted for the time being by the Director, and

(b)  the likelihood of the proposed development resulting in the discharge of acid waters.

(3)  Consent for development referred to in this section is required despite clause 10 of State Environmental Planning Policy No 4—Development Without Consent and Miscellaneous Complying Development.

4.21 Development of major public facilities

Before granting consent to development of any land for the purpose of a major public facility, the consent authority must assess whether the use of the major public facility will have an adverse impact on adjacent sites in the Homebush Bay Area or on surrounding land.

Part 4.4 Protection of the natural environment and heritage items

4.22 Development in environmental conservation areas

(1)  This section applies to land within an environmental conservation area.

(2)  The consent authority must not consent to the carrying out of development in an environmental conservation area if, in the opinion of the consent authority, that development would reduce significantly the ecological value of that environmental conservation area.

(3)  A person must not fill, clear, drain or dredge any land to which this section applies, construct a levee on any such land, or remove or destroy vegetation on any such land, except with the consent of the consent authority.

(4)  Before granting consent to the carrying out of development on land to which this section applies, the consent authority—

(a)  may refuse to grant the application unless, in the opinion of the consent authority, the issues listed in Schedule 7 of relevance to the proposed development have been adequately addressed, and

(b)  must take into account—

(i)  the recommendations of the Millennium Parklands Concept Plan prepared by Hassell Pty Ltd and dated December 1997, a copy of which is available for inspection at the head office, and the Sydney Region West office, of the Department, and

(ii)  the development consent (reference number S/38/3/98) granted by the Minister in relation to the development of the Millennium Parklands, and

(c)  must consider whether the development is consistent with—

(i)  the SOPA Frog Management Plan, and

(ii)  any relevant master plan, and

(iii)  to the extent to which it applies to land within Sydney Olympic Park, any plan of management adopted by the Sydney Olympic Park Authority in accordance with the Sydney Olympic Park Authority Act 2001.

4.23 Development near an environmental conservation area

In considering an application for consent to the carrying out of development within 30 metres (or, in the case of the North Newington woodland area, 200 metres) of an environmental conservation area, the consent authority—

(a)  must take into account—

(i)  the effect of the proposed development on the environmental conservation area, and

(ii)  the recommendations of the Millennium Parklands Concept Plan prepared by Hassell Pty Ltd and dated December 1997, a copy of which is available for inspection at the head office, and the Sydney Region West office, of the Department, and

(iii)  the development consent (reference number S/38/3/98) granted by the Minister in relation to the development of the Millennium Parklands, and

(b)  must consider whether the development is consistent with—

(i)  the SOPA Frog Management Plan, and

(ii)  any relevant master plan, and

(iii)  to the extent to which it applies to land within Sydney Olympic Park, any plan of management adopted by the Sydney Olympic Park Authority in accordance with the Sydney Olympic Park Authority Act 2001.

4.24 Protection of heritage items and heritage conservation areas

(1) When is consent required? The following development may be carried out only with development consent—

(a)  demolishing or moving a heritage item or a building, work, relic, tree or place within a heritage conservation area,

(b)  altering a heritage item or a building, work, relic, tree or place within a heritage conservation area by making structural or non-structural changes to its exterior, such as to its detail, fabric, finish or appearance,

(c)  altering a heritage item by making structural changes to its interior,

(d)  disturbing or excavating a place of Aboriginal heritage significance or 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)  moving the whole or a part of a heritage item,

(f)  erecting a building on, or subdividing, land on which a heritage item is located or which is within a heritage conservation area.

(2) What exceptions are there? Development consent is not required by this section if—

(a)  in the opinion of the consent authority—

(i)  the proposed development is of a minor nature or consists of maintenance of the heritage item or of a building, work, archaeological site, tree or place within a heritage conservation area, and

(ii)  the proposed development would not adversely affect the significance of the heritage item or heritage conservation area, and

(b)  the proponent has notified the consent authority in writing 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 will comply with this subsection and that development consent is not otherwise required by this Chapter.

(3)  Development consent is not required by this section for the following development in a cemetery or burial ground if there will be no disturbance to human remains, to relics in the form of grave goods or to a place of Aboriginal heritage significance—

(a)  the creation of a new grave or monument, or

(b)  an excavation or disturbance of land for the purpose of carrying out conservation or repair of monuments or grave markers.

(4) What must be included in assessing a development application? Before granting a consent required by this section, the consent authority must assess 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.

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) What extra documentation is needed? The assessment must include consideration of a heritage impact statement that addresses at least the issues set out in subsection (6) (but is not to be limited to assessment of those issues, if the heritage significance concerned involves other issues). The consent authority may also decline to grant such a consent until it has considered a conservation management plan, if it considers the development proposed should be assessed with regard to such a plan.

(6)  The minimum number of issues that must be addressed by the heritage impact statement are—

(a)  for development that would affect a heritage item—

(i)  the heritage significance of the item as part of the environmental heritage of the Homebush Bay Area, and

(ii)  the impact that the proposed development will have on the heritage significance of the item and its setting, including any landscape or horticultural features, and

(iii)  the measures proposed to conserve the heritage significance of the item and its setting, and

(iv)  whether any archaeological site or potential historical archaeological site would be adversely affected by the proposed development, and

(v)  the extent to which the carrying out of the proposed development would affect the form of any historic subdivision, and

(b)  for development that would be carried out in a heritage conservation area—

(i)  the heritage significance of the heritage conservation area and the contribution which any building, work, relic, tree or place affected by the proposed development makes to this heritage significance, and

(ii)  the impact that the proposed development would have on the heritage significance of the heritage conservation area, and

(iii)  the compatibility of any proposed development with nearby original buildings and the character of the heritage conservation area, taking into account the size, form, scale, orientation, setbacks, materials and detailing of the proposed development, and

(iv)  the measures proposed to conserve the significance of the heritage conservation area and its setting, and

(v)  whether any landscape or horticultural features would be affected by the proposed development, and

(vi)  whether any archaeological site or potential historical archaeological site would be affected by the proposed development, and

(vii)  the extent to which the carrying out of the proposed development in accordance with the consent would affect any historic subdivision pattern, and

(viii)  the issues raised by any submission received in relation to the proposed development in response to the notification or advertising of the application.

4.25 Development affecting places or sites of known or potential Aboriginal heritage significance

Before granting consent for development that is likely to have an impact on a place of Aboriginal heritage significance or a potential place of Aboriginal heritage significance, or that will be carried out on an archaeological site of a relic that has Aboriginal heritage significance, the consent authority must—

(a)  consider a heritage impact statement explaining how the proposed development would affect the conservation of the place or site and any relic known or reasonably likely to be located at the place or site, and

(b)  except where the proposed development is integrated development, notify the local Aboriginal communities (in such way as it thinks appropriate) of its intention to do so and take into consideration any comments received in response within 21 days after the relevant notice is sent, and

(c)  be satisfied that any necessary excavation permit required by the Heritage Act 1977 has been granted.

4.26 Development affecting known or potential historical archaeological sites of relics of non-Aboriginal heritage significance

(1)  Before granting consent for development that will be carried out on an archaeological site or a potential historical archaeological site of a relic that has non-Aboriginal heritage significance (whether or not it is, or has the potential to be, also the site of a relic of Aboriginal heritage significance), the consent authority must—

(a)  consider a heritage impact statement explaining how the proposed development will affect the conservation of the site and any relic known or reasonably likely to be located at the site, and

(b)  be satisfied that any necessary excavation permit required by the Heritage Act 1977 has been granted.

(2)  This section does not apply if the proposed development—

(a)  does not involve disturbance of below-ground deposits and the consent authority is of the opinion that the heritage significance of any above-ground relics would not be adversely affected by the proposed development, or

(b)  is integrated development.

4.27 Development in the vicinity of a heritage item

(1)  Before granting consent to development in the vicinity of a heritage item, the consent authority must assess the impact of the proposed development on the heritage significance of the heritage item and of any heritage conservation area within which it is situated.

(2)  This section extends to development—

(a)  that may have an impact on the setting of a heritage item, for example, by affecting a significant view to or from the item or by overshadowing, or

(b)  that may undermine or otherwise cause physical damage to a heritage item, or

(c)  that will otherwise have any adverse impact on the heritage significance of a heritage item or of any heritage conservation area within which it is situated.

(3)  The consent authority may refuse to grant any such consent unless it has considered a heritage impact statement that will help it assess the impact of the proposed development on the heritage significance, visual curtilage and setting of the heritage item.

(4)  The heritage impact statement should include details of the size, shape and scale of, setbacks for, and the materials to be used in, any proposed buildings or works and details of any modification that would reduce the impact of the proposed development on the heritage significance of the heritage item.

4.28 Development in heritage conservation areas

(1)  Before granting consent for the erection of a building within a heritage conservation area, the consent authority must be satisfied that the features of the proposed building will be compatible with the heritage significance of the heritage conservation area, having regard to the form of, and materials used in, buildings that contribute to the heritage significance of the heritage conservation area.

(2)  In satisfying itself about those features, the consent authority must have regard to at least the following (but is not to be limited to having regard to those features)—

(a)  the pitch and form of the roof (if any),

(b)  the style, size, proportion and position of the openings for windows or doors (if any),

(c)  the colour, texture, style, size and type of finish of the materials to be used on the exterior of the building,

(d)  the landscaped area of the site.

Chapter 5 Kurnell Peninsula

Part 5.1 Preliminary

5.1 Aims, objectives etc

(1)  The general aims and objectives of this Chapter are—

(a)  to conserve the natural environment of the Kurnell Peninsula and ensure that development is managed having regard to the environmental, cultural and economic significance of the area to the nation, State, region and locality,

(b)  to apply environmental performance criteria which will ensure that the environment is not adversely affected by development,

(c)  to promote, encourage and facilitate opportunities for commercial, industrial and tourist development consistent with the conservation of the unique ecological and landscape attributes of the Kurnell Peninsula,

(d)  to ensure that development is co-ordinated to allow the economic and efficient provision of public services and amenities having regard to the environment,

(e)  to promote the sharing of responsibility for environmental planning on the Kurnell Peninsula between the Council, the Department of Planning, the Department of Environment, Climate Change and Water, the Department of Industry and Investment and Sydney Water Corporation,

(f)  to protect, enhance and utilise the tourism, leisure and recreation potential of the Kurnell Peninsula so far as it is consistent with the conservation of its ecological and heritage value.

(2)  The particular environmental planning aims and objectives of this Chapter are—

(a)  to preserve and protect the wetland areas of the Kurnell Peninsula in the environmental and economic interest of the State, region and locality,

(b)  to identify lands having high value and strategic importance as local or regional open space and national park or nature reserve areas and to facilitate bringing these lands into public ownership,

(c)  to protect the health, well-being and safety of the local community,

(d)  to identify and conserve areas, sites and features of natural, ecological, historic or cultural significance,

(e)  to conserve and manage the aquatic environment and its resources in the interests of the community and the oyster, prawn and fishing industries,

(f)  to identify and protect lands having regional and international significance as wildlife habitats,

(g)  to ensure that the recommendations of any relevant risk assessment or transportation studies are implemented,

(h)  to control and progressively phase out sand mining and to facilitate the rehabilitation of degraded lands, and

(i)  to conserve the environmental heritage of the Kurnell Peninsula.

5.2 Land to which Chapter applies

(1)  This Chapter applies to the land within the Shire of Sutherland, known as Kurnell Peninsula, and adjacent waterways, as shown on the map, with boundaries as indicated on the map.

(2)  Despite subsection (1), this Chapter does not apply to the following land—

Land at Parraweena Road, Taren Point, adjoining Woolooware Bay, to which Sutherland Shire Local Environmental Plan 2006 applies.

5.3 Relationship to other environmental planning instruments

This Chapter repeals the following environmental planning instruments—

(a)  Sydney Regional Environmental Plan No 3—(Kurnell Peninsula),

(b)  Sydney Regional Environmental Plan No 12—Dual Occupancy to the extent to which, immediately before the commencement of this Chapter, that plan applied to the land to which this Chapter applies,

(c)  State Environmental Planning Policy No 5—Housing for Aged or Disabled Persons to the extent to which, immediately before the commencement of this Chapter, that Policy applied to the land to which this Chapter applies,

(d)  Interim Development Order No 33—Shire of Sutherland, and

(e)  such other deemed environmental planning instruments and local environmental plans as, immediately before the commencement of this Chapter applied to the land to which this Chapter applies, to the extent to which those instruments applied to that land.

5.4 Definitions

(1)  In this Chapter—

access channel means a channel or passage—

(a)  which is within tidal waters, and

(b)  which was created by dredging or other mechanical operations, and

(c)  which provides or has provided water access to a permissible commercial, recreation or public facility, and

(d)  which provides water access to any of the following properties at Woolooware Bay between Taren Point and Shell Point—

(i)  Lot 21 DP 715660 at 33–39 Bay Road, Taren Point, or

(ii)  Lot 2 DP 816949 at 1A Atkinson Road, Taren Point, or

(iii)  Lots 131 and 132 DP 737027 at 13 and 15 Mangrove Lane, Taren Point, or

(iv)  Lot 1 DP 132973 at 17–21 Mangrove Lane, Taren Point.

accredited officer has the same meaning as in the Act.

advertising means the use of a building or place for the external display of symbols, messages or other devices for promotional purposes, whether or not the display involves the erection of a structure or the carrying out of a work.

aid to navigation means a buoy, sign, light or other structure located on a waterway or on land, which is designed to assist the safe and efficient movement of vessels on a waterway.

ANEF, in relation to land, means the Australian Noise Exposure Forecast for the land, as notified to the Council from time to time by Airservices Australia.

aquaculture means the cultivation of the resources of the sea or estuarine waters for the propagation or rearing of marine, estuarine or freshwater fish or plants or other organisms but does not include oyster farming.

archaeological site means a site described in Schedule 10, Part 1.

Australian Standard 2021 means Australian Standard AS 2021—2000, Acoustics—Aircraft noise intrusion—Building siting and construction published by Standards Australia on 10 August 2000.

bulky goods sales room or showroom means a building or place used for the retail sale (including sale by auction) or display of goods or materials (including motor powered or motor drawn vehicles and agricultural or industrial plant or machinery), where the individual units of goods or materials sold or displayed are of such a size, shape or weight as to require—

(a)  a large area for handling, storage or display, or

(b)  direct vehicular access to the site by members of the public, for the purpose of loading the goods or materials into their vehicles after purchase,

or both, but does not include a building or place used for the retail sale of food for human consumption or clothing.

bushfire hazard reduction means the reduction or modification (by burning, mechanical or manual means) of material that constitutes a bushfire hazard.

bushland vegetation mean vegetation that is either a remnant of the natural vegetation of land, or if altered, is still representative of the structure and floristics of the natural vegetation.

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.

clearing, in relation to land, means the destruction or removal in any manner of native plants growing on the land, but does not include—

(a)  the destruction or removal of plants declared noxious by proclamation pursuant to section 467 of the Local Government Act 1919, by means not likely to be significantly detrimental to the native ecosystem, or

(b)  the incidental destruction or removal of native plants adjacent to any such noxious plants that is not avoidable during the process of destroying or removing those noxious plants.

community advertising means—

(a)  advertising of community events or community uses, or charity events, or

(b)  display of health or safety notices, or like notices, or

(c)  advertising which is ancillary to the primary legal use of community or recreational land, but is not for the purpose of advertising the sale of a product, or

(d)  display of a notice by a public authority.

complying development has the same meaning as in the Act.

Council means the Council of the Shire of Sutherland.

demolish a heritage item means wholly or partly destroy, dismantle or move the heritage item.

demolition means the partial or total destruction, dismantling or moving of a building. It includes decontamination, rehabilitation or remediation of land on which a building has been partially or totally destroyed or dismantled, or from which a building has been removed.

development control codes or design and management guidelines means those codes or guidelines prepared pursuant to section 5.39 and adopted by the Council from time to time for the purpose of this Chapter.

dwelling house means one dwelling on one allotment.

exempt development has the same meaning as in the Act.

existing ground level, in relation to land, means the level of the land—

(a)  in the case of land where no previous development has taken place, in its undisturbed state, or

(b)  in the case of land on which development has previously taken place, the level of the land before any demolition, construction or excavation work connected with the development occurred.

Floor Space Ratio Map means the “State Environmental Planning Policy (Kurnell Peninsula) 1989 Floor Space Ratio Map” deposited in the office of the Department.

Front Building Line Map means the “State Environmental Planning Policy (Kurnell Peninsula) 1989 Front Building Line Map” deposited in the office of the Department.

ground level is the ground surface of a site as it was prior to any cutting, filling or grading of the site.

hazardous industry or storage establishment means a building or place which, by reason of the nature of materials produced or used or the handling, processing, manufacture or related requirements for storage of the establishment—

(a)  requires specific safety precautions resulting in isolation from other buildings or storage establishments, or

(b)  represents a significant hazard to human health or life or property or the biophysical environment.

Height of Buildings Map means the “State Environmental Planning Policy (Kurnell Peninsula) 1989 Height of Buildings Map” deposited in the office of the Department.

heritage item means a building, work, tree or place described in Schedule 10, Part 2.

heritage significance means historic, scientific, cultural, social, archaeological, architectural, natural or aesthetic significance.

home activity means a business that is ancillary to a residential use and is carried out, or partially carried out, in a dwelling or within an allotment which contains a dwelling house or dwellings, but only if—

(a)  that use is undertaken by the permanent residents, and

(b)  not more than two non-residents are employed in it at any one time, and

(c)  the use does not interfere with the amenity of adjoining properties or the locality, whether or not by the generation of vehicular traffic or parking or the emission of noise, vibration, smell or creation of some other nuisance,

but does not include a bed and breakfast establishment.

Kurnell village means the land identified as Kurnell village on the map marked “State Environmental Planning Policy—Development on Kurnell Peninsula” and deposited in the head office of the Department.

Landscaped Area Map means the “State Environmental Planning Policy (Kurnell Peninsula) 1989 Landscaped Area Map” deposited in the office of the Department.

light industry means an industry, not being an offensive industry or a hazardous industry or storage establishment, in which the processes carried on, the transportation involved or the machinery or materials used do or does not interfere with the amenity of the neighbourhood by reason of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit, oil or otherwise.

Lot Size Map means the “State Environmental Planning Policy (Kurnell Peninsula) 1989 Lot Size Map” deposited in the office of the Department.

maintenance dredging means the removal and disposal of material from the bed of an access channel to enable the access channel—

(a)  to continue to function as an access channel, or

(b)  to resume its function as an access channel,

but does not include increasing the depth, extent or area of an access channel beyond that to which the access channel has been previously formed.

map means the map marked “Sydney Regional Environmental Plan No 17—Kurnell Peninsula (1989)” deposited in the office of the Department, as amended by the maps (or if any sheets of maps are specified, by the specified sheets of the maps) deposited in the office of the Department and marked as follows—

Editorial note—

The amending maps are not necessarily listed in the order of gazettal or publication on the NSW legislation website. Information about the order of gazettal or publication can be determined by referring to the Historical notes at the end of this Chapter.

Sydney Regional Environmental Plan No 17—Kurnell Peninsula (1989)—(Amendment No 3)

State Environmental Planning Policy (Kurnell Peninsula) Amendment (Zoning) 2010

State Environmental Planning Policy (Kurnell Peninsula) Amendment (Zoning) 2010—Delayed Rezoning—Sheets 1–7

native plant means a plant indigenous to the Kurnell Peninsula, including trees, shrubs, ferns, vines, herbs and grasses including seagrasses indigenous to the Kurnell Peninsula.

offensive industry means an industry which, when in operation and when all proposed measures to reduce or minimise its impact have been employed, is required to be isolated from other buildings, including industrial buildings.

potential archaeological site means a site known to the Council to have archaeological potential.

recreation area means—

(a)  a children’s playground,

(b)  an area used for sporting activities or sporting facilities,

(c)  an area used by the Council to provide recreational facilities for the physical, cultural or intellectual welfare of the community, and

(d)  an area used to provide facilities for recreational activities which promote the physical, cultural or intellectual welfare of persons within the community, being facilities provided by—

(i)  the Council, or

(ii)  a body of persons associated together for the purposes of the physical, cultural or intellectual welfare of persons within the community,

but does not include a racecourse or a showground.

recreation facility means a building or place used exclusively for a sporting activity, exercise, pastime or leisure activity, whether operated for the purpose of gain or not and whether used for activities, exercises or pastimes based on land or water.

relic means any deposit, object or material evidence relating to—

(a)  the use or settlement of Sutherland Shire, not being Aboriginal habitation, which is more than 50 years old, or

(b)  Aboriginal habitation of Sutherland Shire commencing before and continuing after its occupation by persons of European extraction, including human remains.

single mooring means an apparatus located on or in a waterway to which one vessel is attached.

storey means—

(a)  the space between two floors, or

(b)  the space between any floor and its ceiling or roof above, or

(c)  foundation areas, garages, workshops, storerooms and the like, where the height between ground level and the top of the floor above is 1.5 metres or more.

A storey which exceeds 4.5 metres is considered as two storeys.

subdivision has the same meaning as in the Act.

the Act means the Environmental Planning and Assessment Act 1979.

the Regulation means the Environmental Planning and Assessment Regulation 2000.

tourist facility means a building or place used or intended to be used by tourists or holidaymakers for the purposes of holiday accommodation, sport or recreation, and may include—

(a)  hotels, motels and other types of accommodation,

(b)  shops attached to or incorporated within the building or located at the place, or

(c)  facilities servicing the needs of tourists and holidaymakers using the building or place,

but does not include a caravan park.

toxic industry means an industry which manufactures, utilises or produces as a by-product any substance (other than in a minor or insignificant amount) which, when introduced into or absorbed by a living organism, including by low-level chronic exposure, destroys life or injures health or which may interact with other substances to cause such an effect.

utility undertaking means an undertaking by a public utility for the purposes of the supply of water, electricity or gas, or the provision of sewerage or drainage services or communications installations.

waste disposal means—

(a)  the use of a building or place for the purpose of treating, storing or disposing of any waste, as defined by the Waste Disposal Act 1970, other than a building or place used for the treatment, storage or disposal of waste resulting from any other activity carried out on the same land, or for the purposes of a depot registered with the Environment Protection Authority for the receipt of natural excavated material and demolition materials as approved by that Authority, and

(b)  the use of any bore or excavation that is connected with the underlying shallow groundwater system for disposal of wastes.

waterbody means—

(a)  a natural waterbody, including—

(i)  a lake or lagoon either naturally formed or artificially modified, or

(ii)  a river or stream, whether perennial or intermittent, flowing in a natural channel with an established bed or in a natural channel artificially modifying the course of the stream, or

(iii)  tidal waters including any bay, estuary or inlet, or

(b)  an artificial waterbody, including any constructed waterway, canal, inlet, bay, channel, dam, pond or lake, but does not include a dry detention basin or other construction that is only intended to hold water intermittently.

wetland areas means the land as shown by black hatching and heavy black edging on sheet 3 of the map.

works associated with or ancillary to oyster farming means any structure that is used in the oyster farming industry which relates to the purification, processing or packaging of oysters for wholesale distribution, but which is not used in the direct sale of oysters to the public.

zone means land shown on the map in some distinctive manner for the purpose of indicating the restrictions imposed by this Chapter on the development of the land.

(2)  In this Chapter—

(a)  a reference to a building or place used for a purpose includes a reference to a building or place intended to be used for the purpose, and

(b)  a reference to land within a zone specified in the Table to section 5.9 is a reference to land shown on the map in the manner indicated in section 5.8 as the means of identifying land of the zone so specified.

(3)  The matter “WS & D”, where appearing on the map, means Sydney Water Corporation purposes.

(4)  The zoning of the land shown on each sheet of the map marked “State Environmental Planning Policy (Kurnell Peninsula) Amendment (Zoning) 2010—Delayed Rezoning” (the delayed land) does not have effect until a date specified by the Minister by order published in the Gazette in respect of that sheet.

(5)  The Minister must not make such an order in respect of the delayed land unless the Minister is satisfied that the land—

(a)  is vested in the Council, and

(b)  has been remediated and is suitable for the purposes for which it is being rezoned.

(6)  Until such time as an order takes effect under this section, the zone applying to the delayed land remains the zone applying to that land shown on the map.

(7)  On the publication of an order made under this section, the map is amended as shown by each of those sheets.

(8)  Notes included in this Chapter do not form part of this Chapter.

s 5.4: Am 2024 (63), Sch 1[2] [3].

5.5 Adoption of model provisions

(1)  This Chapter adopts clauses 4 (1) (except for the definitions of light industry, map, offensive or hazardous industry, recreation facility and tourist facilities), 7, 13, 14, 25, 29, 30, 31, 33, 34 and 35 and Schedule 1 of the Environmental Planning and Assessment Model Provisions 1980.

(2)  In their application to this Chapter, the Environmental Planning and Assessment Model Provisions 1980 shall be construed as if a reference in those provisions to a local environmental plan were a reference to this Chapter.

5.6 Adoption of definitions in the standard instrument

Despite sections 5.4 and 5.5, the words and expressions used in this Chapter in relation to development on land in Zone RE1 Public Recreation, Zone E2 Environmental Conservation and Zone E4 Environmental Living have the same meaning as they have in the standard instrument prescribed by the Standard Instrument (Local Environmental Plans) Order 2006.

5.7 Consent authority

For the purposes of this Chapter the consent authority is the Council.

5.7A Savings

A development application made, but not finally determined, before the commencement of State Environmental Planning Policy Amendment (Exceptions to Development Standards) 2023 must be determined as if that policy had not commenced.

s 5.7A: Ins 2023 (524), Sch 2.1[4].

Part 5.2 General restrictions on development

5.8 Zones indicated on the map

For the purposes of this Chapter, land to which this Chapter applies shall be within a zone specified hereunder if the land is shown on the map in the manner specified hereunder in relation to that zone—

Zone No 2 (a) (Residential Zone)—coloured light scarlet, edged black and lettered “2 (a)”.

Zone No 3 (d) (Neighbourhood Business Zone)—coloured medium blue, edged black and lettered “3 (d)”.

Zone No 4 (a) (General Industrial Zone)—coloured purple, edged black and lettered “4 (a)”.

Zone No 4 (b) (Light Industrial Zone)—coloured purple, edged black and lettered “4 (b)”.

Zone No 4 (c1) (Special Industrial (Oil Refining) Zone)—coloured purple, edged black and lettered “4 (c1)”.

Zone No 4 (c2) (Special Industrial Zone)—coloured purple, edged black and lettered “4 (c2)”.

Zone No 5 (a) (Special Uses “A” Zone)—coloured yellow, edged black, lettered “5 (a)”, with purpose indicated by red lettering.

Zone No 6 (a) (Public Recreation (Existing) Zone)—coloured dark green, edged black and lettered “6 (a)”.

Zone No 6 (b) (Public Recreation (Proposed) Zone)—coloured light green, edged black and lettered “6 (b)”.

Zone No 6 (c) (Private Recreation Zone)—coloured dark green, edged black and lettered “6 (c)”.

Zone No 7 (a) (Waterways Zone)—uncoloured, edged light blue and lettered “7 (a)”.

Zone No 7 (b) (Special Development Zone)—coloured orange, edged black and lettered “7 (b)”.

Zone No 8 (a) (National Parks and Nature Reserves (Existing) Zone)—uncoloured, edged dark green and lettered “8 (a)”.

Zone No 9 (a) (Regional Open Space (Reservation) Zone)—coloured light green, edged black and with red notation “R”.

Zone RE1 Public Recreation—coloured green and lettered “RE1”.

Zone E2 Environmental Conservation—coloured orange and lettered “E2”.

Zone E4 Environmental Living—coloured light orange and lettered “E4”.

5.9 Zone objectives and development control table

(1)  The objectives of a zone are set out in the Table to this section under the heading “Objectives of zone” appearing in the matter relating to the zone.

(2)  Except as otherwise provided by this Chapter, in relation to land within a zone specified in the Table to this section, the purposes (if any) for which—

(a)  development may be carried out without development consent,

(b)  development may be carried out only with development consent, and

(c)  development is prohibited,

are specified under the headings “Without development consent”, “Only with development consent” and “Prohibited”, respectively, appearing in the matter relating to the zone.

(3)  Exempt development may also be carried out without development consent on the land on which it is allowed.

(4)  Except as otherwise provided by this Chapter, the consent authority shall not grant consent to the carrying out of development on land to which this Chapter applies unless it is of the opinion that the carrying out of the development is consistent with the aims and objectives of this Chapter and the objectives of the zone within which the development is proposed to be carried out.

Table

Zone No 2 (a) (Residential Zone)

1 Objectives of zone

The objectives of this zone are—

(a)  to maintain and enhance the existing village character of the residential areas of Kurnell,

(b)  to ensure that development does not place demands on services beyond the level reasonably required for low density residential use,

(c)  to control the subdivision and use of land and limit population growth within the Kurnell village, and

(d)  to ensure that development is compatible with the unique ecological and landscape attributes of the Kurnell Peninsula, especially the wetland areas and their environs.

2 Without development consent

Nil.

3 Only with development consent

Any purpose other than a purpose included in Items 2 or 4.

4 Prohibited

Advertising structures; boarding-houses; bulky goods sales rooms or showrooms; car parks; car repair stations; caravan parks; clubs; commercial premises; dual occupancy buildings; extractive industries; gas holders; generating works; helipads; hotels; industries (other than home industries); institutions; junk yards; liquid fuel depots; mines; motels; places of assembly (other than public halls); recreation facilities; refreshment rooms; residential flat buildings; road transport terminals; roadside stalls; sawmills; service stations; shops; tourist facilities; warehouses; waste disposal.

Zone No 3 (d) (Neighbourhood Business Zone)

1 Objectives of zone

The objective of this zone is to provide retail, commercial and professional services that serve the local residents of the Kurnell village and visitors to the Kurnell Peninsula.

2 Without development consent

Nil.

3 Only with development consent

Advertisements; advertising structures; centre-based child care facilities; commercial premises; drainage; dwellings used in conjunction with shops or commercial premises; home industries; open space; refreshment rooms; roads; shops; utility installations (other than gas holders or generating works).

4 Prohibited

Any purpose other than a purpose included in Item 3.

Zone No 4 (a) (General Industrial Zone)

1 Objectives of zone

The objectives of this zone are—

(a)  to accommodate industrial development, having regard to environmental safety planning principles,

(b)  to ensure that development is compatible with the unique ecological and landscape attributes of the Kurnell Peninsula, especially the wetland areas and their environs,

(c)  to promote industrial park estate type development and to mitigate land use conflicts within and adjacent to the zone, and

(d)  to promote the orderly and economic development of land within the zone and to ensure that adequate provision is made for the supply of water and the disposal in an environmentally sensitive manner of all wastes and stormwater from the land.

2 Without development consent

Nil.

3 Only with development consent

Any purpose other than a purpose included in Item 4.

4 Prohibited

Boarding houses; bulky goods sales rooms or showrooms; car repair stations; caravan parks; clubs; commercial premises; dwelling-houses or residential flat buildings (other than those essential to the operation of an industry and situated on the land on which such industry is conducted); educational establishments; extractive industries (other than sand mining); hazardous industry or storage establishments (other than those for which the proposed site layout of the buildings is such as to render the establishment non-hazardous to adjoining development and for which adequate facilities are available for the treatment and disposal of all waste water and waste products); helipads; hospitals; hotels; institutions; junk yards; mines; motels; offensive industries; places of assembly; places of public worship; recreation areas; road transport terminals; roadside stalls; service stations; shops; tourist facilities; toxic industries; waste disposal.

Zone No 4 (b) (Light Industrial Zone)

1 Objectives of zone

The objectives of this zone are—

(a)  to recognise existing industry and identify land suitable for light industrial development,

(b)  to encourage and facilitate the establishment of suitable light industry so as to increase the local employment base,

(c)  to ensure that development is compatible with the unique ecological and landscape attributes of the Kurnell Peninsula, especially the wetland areas and their environs, and

(d)  to promote the orderly and economic development of land within the zone and to ensure that adequate provision is made for the supply of water and the disposal in an environmentally sensitive manner of all wastes and stormwater from the land.

2 Without development consent

Nil.

3 Only with development consent

Any purpose other than a purpose included in Item 4.

4 Prohibited

Boarding houses; bulky goods sales rooms or showrooms; caravan parks; clubs; commercial premises; dwelling-houses or residential flat buildings (other than those essential to the operation of an industry and situated on the land on which such industry is conducted); educational establishments; extractive industries (other than sand mining); hazardous industry or storage establishments; helipads; hospitals; hotels; industries (other than light industries); institutions; junk yards; liquid fuel depots; mines; motels; motor showrooms; offensive industries; places of assembly; places of public worship; public buildings; road transport terminals; roadside stalls; service stations; shops; toxic industries; warehouses; waste disposal.

Zone No 4 (c1) (Special Industrial (Oil Refining) Zone)

1 Objectives of zone

The objectives of this zone are—

(a)  to recognise land used for oil refinery, liquid fuel depot and liquified petroleum gas extraction purposes,

(b)  to ensure that development has regard to environmental safety planning principles, and

(c)  to mitigate land use conflicts within and adjacent to the zone and to ensure that adequate provision is made for the supply of water and the disposal in any environmentally sensitive manner of all wastes and stormwater from the land.

2 Without development consent

Nil.

3 Only with development consent

Drainage; liquid fuel depots; liquified petroleum gas extraction plants; oil refining; roads; sand mining; utility installations (other than gas holders or generating works).

4 Prohibited

Any purpose other than a purpose included in Item 3.

Zone No 4 (c2) (Special Industrial Zones)

1 Objectives of zone

The objectives of this zone are—

(a)  to accommodate industrial development, including activities related to the oil refinery, having regard to environmental safety planning principles, and

(b)  to promote the orderly and economic development of land within the zone and to ensure that adequate provision is made for the supply of water and disposal, in an environmentally sensitive manner, of all wastes and stormwater from the land.

2 Without development consent

Nil.

3 Only with development consent

Any purpose other than a purpose included in Item 4.

4 Prohibited

Boarding-houses; bulky goods sales rooms or showrooms; caravan parks; carbon black industries; clubs; coal gasification establishments; coal tar industries; coke production; commercial premises; dwelling-houses; dye industries; educational establishments; extractive industries (other than sand mining); hospitals; hotels; industries involving the derivatisation of benzene; industries involving the manufacture of carbon tetrachloride, trichloroethylene, ethylene dichloride or dichloromethane; industries involving the manufacture of pesticides, herbicides or weedicides; industries involving the manufacture or derivatisation of ethylene oxide, vinyl chloride, vinyl bromide, formaldehyde or propylene oxide; institutions; leather industries; metal refining; mines; motels; places of assembly; places of public worship; plastics or acrylics industries; recreation areas; residential flat buildings; road transport terminals; roadside stalls; rubber industries; service stations; shops; tourist facilities; waste disposal.

Zone No 5 (a) (Special uses “A” Zone)

1 Objectives of zone

The objectives of this zone are—

(a)  to identify land which is currently used by a public utility undertaking, servicing the needs of the community and industry for certain facilities and services,

(b)  to maintain and provide for the economic and efficient provision of services and appropriate infrastructure, and

(c)  to provide for the continued use of the land for the purpose indicated by red lettering on the map.

2 Without development consent

Works for the purposes of landscaping, gardening and bushfire hazard reduction.

3 Only with development consent

Development for the particular purpose indicated by red lettering on the map and any purpose ordinarily incidental or subsidiary to that purpose; buildings for the purposes of landscaping, gardening and bushfire hazard reduction; drainage; roads; utility installations (other than gas holders or generating works); utility undertakings.

4 Prohibited

Any purpose other than a purpose included in Item 2 or 3.

Zone No 6 (a) (Public Recreation (Existing) Zone)

1 Objectives of zone

The objectives of this zone are—

(a)  to identify land which is vested in the Council and which is set aside principally for the purposes of public recreation,

(b)  to identify land which is owned by the Crown and which is under the care, control and management of the Council as public recreation space, and

(c)  to provide a range of recreation opportunities to meet the needs of the community.

2 Without development consent

Recreation, sporting, entertainment and cultural activities not requiring the erection of any buildings; works for the purposes of landscaping, gardening and bushfire hazard reduction and sand dune stabilisation.

3 Only with development consent

Buildings for the purposes of landscaping, gardening and bushfire hazard reduction; car parking; drainage; helipads; recreation areas; recreation facilities; refreshment rooms; roads; sand extraction for beach nourishment purposes; utility installations (other than gas holders or generating works).

4 Prohibited

Any purpose other than a purpose included in Item 2 or 3.

Zone No 6 (b) (Public Recreation (Proposed) Zone)

1 Objectives of zone

The objectives of this zone are—

(a)  to identify land, not in public ownership, which is proposed to be used for the purposes of public recreation and which will be acquired by the Council, either by dedication or purchase,

(b)  to enhance the visual and recreational amenity of the Kurnell Peninsula,

(c)  to conserve and enhance the environmental heritage of the Kurnell Peninsula and to facilitate appropriate public access to it,

(d)  to create a park system which integrates the existing public parklands and the important landscape, ecological and heritage elements of the area, and

(e)  to protect important topographical features, in particular the Bate Bay frontal dune.

2 Without development consent

Beach nourishment; recreation, sporting, entertainment and cultural activities not requiring the erection of any buildings; sand dune stabilisation; works for the purposes of landscaping, gardening and bushfire hazard reduction.

3 Only with development consent

Buildings for the purposes of landscaping, gardening and bushfire hazard reduction; car parking; drainage; helipads; kiosks; picnic areas; recreation areas; recreation facilities; refreshment rooms; roads; utility installations (other than gas holders or generating works).

4 Prohibited

Any purpose other than a purpose included in Item 2 or 3.

Zone No 6 (c) (Private Recreation Zone)

1 Objectives of zone

The objective of this zone is to identify private land which is set aside for recreational purposes.

2 Without development consent

Works for the purposes of landscaping, gardening and bushfire hazard reduction.

3 Only with development consent

Buildings for the purposes of landscaping, gardening and bushfire hazard reduction; car parking; clubs; drainage; pleasure craft and recreational boat building; recreation areas; recreation facilities; refreshment rooms; roads; tourist facilities; utility installations (other than gas holders or generating works); watercraft landing facilities.

4 Prohibited

Any purpose other than a purpose included in Item 2 or 3.

Zone No 7 (a) (Waterways Zone)

1 Objectives of zone

The objectives of this zone are—

(a)  to protect and enhance the aquatic environment,

(b)  to protect and conserve significant wetland areas, and

(c)  to maintain the viability of the oyster, prawn and fishing industries.

2 Without development consent

Aids to navigation; beach nourishment; oyster farming; single moorings.

3 Only with development consent

Aquaculture; commercial recreational activities associated with the waterways (other than marinas or activities involving the hiring of powered craft); environmental education facilities; maintenance dredging; mooring piles; pipelines; public boat launching ramps; public jetties; swimming enclosures; utility installations (other than gas holders or generating works); works associated with or ancillary to oyster farming.

4 Prohibited

Any purpose other than a purpose included in Item 2 or 3.

Zone No 7 (b) (Special Development Zone)

1 Objectives of zone

The objectives of this zone are—

(a)  to provide flexible planning controls which permit a broad range of land uses subject to compliance with environmental performance criteria,

(b)  to ensure that development is compatible with the unique ecological and landscape attributes of the Kurnell Peninsula, especially the wetland areas and their environs,

(c)  to ensure that sand mining is controlled and to facilitate the progressive phasing out of sand mining and the rehabilitation of degraded lands,

(d)  to promote the orderly and economic development of land within the zone subject to the provision of adequate water and sewerage services and the disposal, in an environmentally sensitive manner, of all wastes and stormwater from the land,

(e)  to promote, enhance and utilise the development potential of the zone primarily for tourism, recreation or industrial parks, where this is consistent with the conservation of the unique, ecological and landscape attributes of the Kurnell Peninsula, and

(f)  to promote the sharing of the responsibility for environmental planning by creating a broad framework of controls and requiring the Council to adopt development control codes or design and management guidelines applying to development in the zone.

2 Without development consent

Nil.

3 Only with development consent

Any purpose other than a purpose included in Item 4.

4 Prohibited

Dwelling-houses; extractive industries (other than sand mining); hazardous industry or storage establishments; junk yards; mines; offensive industries; places of public worship; residential flat buildings (other than those used only for holiday or other non-permanent residential accommodation); stock and sale yards; toxic industries; transport terminals; units for aged persons; waste disposal.

Zone No 8 (a) (National Parks and Nature Reserves (Existing) Zone)

1 Objectives of zone

The objectives of this zone are—

(a)  to identify lands presently under the control of the National Parks and Wildlife Service,

(b)  to conserve areas of natural, ecological, scenic, educational, scientific, cultural or historic importance, and

(c)  to permit development of the land as considered appropriate by the Director of the National Parks and Wildlife Service.

2 Without development consent

Any purpose authorised by or under the National Parks and Wildlife Act 1974 or any purpose ancillary or incidental to such a purpose.

3 Only with development consent

Drainage; roads; utility installations (other than gas holders or generating works).

4 Prohibited

Any purpose other than a purpose included in Item 2 or 3.

Zone No 9 (a) (Regional Open Space (Reservation) Zone)

1 Objectives of zone

The objectives of this zone are—

(a)  to identify land to be acquired for the provision of regional open space and to protect environmentally sensitive lands,

(b)  to identify and bring into public ownership those lands of strategic importance to the management of the Towra Point Nature Reserve or the Towra Point Aquatic Reserve, and

(c)  to provide opportunities to enhance the total environmental quality of the Kurnell Peninsula.

2 Without development consent

Beach nourishment works for the purposes of landscaping, gardening and bushfire hazard reduction.

3 Only with development consent

Buildings for the purposes of landscaping, gardening and bushfire hazard reduction; drainage; environmental educational facilities; environmental protection works; recreation areas (other than those involving the erection of permanent structures or buildings); roads; sand dune stabilisation; utility installations (other than gas holders or generating works).

4 Prohibited

Any purpose other than a purpose included in Item 2 or 3.

Zone RE1 Public Recreation

1 Objectives of zone

The objectives of this zone are as follows—

(a)  to enable land to be used for public open space or recreational purposes,

(b)  to provide a range of recreational settings and activities and compatible land uses,

(c)  to protect and enhance the natural environment for recreational purposes,

(d)  to manage and protect groundwater and groundwater dependent ecosystems.

2 Without development consent

Nil.

3 Only with development consent

Building identification signs; business identification signs; community facilities; drainage; earthworks; environmental facilities; environmental protection works; flood mitigation works; information and education facilities; kiosks (not involving the use of more than 40 square metres of gross floor area); recreation areas; recreation facilities (indoor); recreation facilities (outdoor); roads.

4 Prohibited

Any purpose other than a purpose included in Item 2 or 3.

Zone E2 Environmental Conservation

1 Objectives of zone

The objectives of this zone are as follows—

(a)  to protect, manage and restore areas of high ecological, scientific, cultural or aesthetic value,

(b)  to prevent development that could destroy, damage or otherwise have an adverse effect on those values,

(c)  to manage and protect groundwater and groundwater dependent ecosystems.

2 Without development consent

Nil.

3 Only with development consent

Drainage; earthworks; environmental facilities; environmental protection works; flood mitigation works; information and education facilities; roads.

4 Prohibited

Any purpose other than a purpose included in Item 2 or 3.

Zone E4 Environmental Living

1 Objectives of zone

The objectives of this zone are as follows—

(a)  to provide for low-impact residential development in areas of special ecological, scientific or aesthetic value,

(b)  to ensure that residential development does not have an adverse effect on those values,

(c)  to encourage residential development on land within this zone that has been rehabilitated for that purpose,

(d)  to manage and protect groundwater and groundwater dependent ecosystems.

2 Without development consent

Home occupations.

3 Only with development consent

Business identification signs; centre-based child care facilities; community facilities; drainage; dwelling houses; earthworks; environmental protection works; exhibition homes; exhibition villages; flood mitigation works; group homes; health consulting rooms; home-based child care; home businesses; recreation areas; roads; secondary dwellings (having a total floor area not exceeding 60 square metres).

4 Prohibited

Any purpose other than a purpose included in Item 2 or 3.

Part 5.3 Special provisions

Division 1 Development control

5.10 Subdivision of land generally

A person shall not subdivide land to which this Chapter applies except with the consent of the Council.

5.11 Erection of dwelling-houses within Zone No 2 (a)

(1)  Except as provided by subsection (2), a dwelling-house shall not be erected on an allotment of land within Zone No 2 (a) which has a width of less than 18 metres at the front alignment of the dwelling-house, a depth of less than 30 metres or an area—

(a)  in the case of a hatchet-shaped allotment or an allotment not having a frontage to a public road—of less than 1,000 square metres, or

(b)  in the case of any other allotment—of less than 900 square metres.

(2)  Nothing in subsection (1) shall operate to prohibit the erection of a dwelling-house—

(a)  on an allotment of land if that allotment was in existence as a separate allotment before the commencement of this Chapter, or

(b)  on an allotment of land on which a dwelling-house is already erected if the dwelling house to be erected is intended to entirely replace the dwelling-house already erected, or

(c)  on an allotment of land created after the commencement of this Chapter if the allotment was created as a consequence of—

(i)  consolidating two or more allotments described in paragraph (a), or

(ii)  subdividing an allotment described in paragraph (a) so as to provide land for a public purpose.

5.12 Development in industrial zones

(1)  The Council shall not consent to the carrying out of development on an allotment of land within Zone No 4 (a) or 4 (c2) unless the allotment—

(a)  has an area of not less than 2,500 square metres, and

(b)  at least 50 per cent of the allotment is not, or will not, be built upon.

(2)  Where any proposed allotment relies on Captain Cook Drive for its sole means of access, the Council shall not consent to an application to subdivide land within Zone No 4 (a) unless the area of each allotment to be created will not be less than 4 hectares.

(3)  The Council shall not consent to the carrying out of development on an allotment of land within Zone No 4 (b) unless the allotment—

(a)  has an area of not less than 1,000 square metres,

(b)  had a width of not less than 21 metres at the front alignment of the building, and

(c)  has a depth of not less than 37 metres.

(4)  Nothing in subsection (1), (2) or (3) prevents the Council from granting consent to the erection or use of a building on an allotment of land, where that allotment was in existence as a separate allotment before the commencement of this Chapter.

(5)  The Council shall not consent to the carrying out of development on land within Zone No 4 (c1) or 4 (c2) unless it has considered—

(a)  the level of any risk to life, and

(b)  the pollution effects, including low level long-term effects, upon the health of people,

created by, or arising out of, the carrying out of the development on that land.

(6)  Development for the purposes of a hazardous industry or storage establishment, an offensive industry or a toxic industry shall only be carried out on land within Zone No 4 (c2) where not less than 50 per cent of the feedstock for the product being manufactured originates from a refinery on the Kurnell Peninsula.

5.13 Captain Cook Drive

(1)  The Council shall not consent to the carrying out of development (other than development for the purposes of landscaping, access, bicycle paths, drainage or utility installations) on any land within Zone No 4 (a), 4 (b), 4 (c1), 4 (c2), 6 (c) or 7 (b) which is within 20 metres from the boundary of the Captain Cook Drive road reserve.

(2)  The Council shall not consent to the carrying out of development within Zone No 4 (a), 4 (b), 4 (c1), 4 (c2) or 7 (b) if the development, in the opinion of the Council, is likely to have a significant adverse impact on the safety and efficiency of Captain Cook Drive.

(3)  The Council may as a condition of granting development consent or subdivision approval in respect of any land referred to in subsection (2) require a contribution towards the upgrading of Captain Cook Drive.

(4)  In considering whether to impose a condition referred to in subsection (3) the Council shall take into consideration—

(a)  the amount of traffic likely to be generated by the development in relation to Captain Cook Drive,

(b)  the nature of the goods or materials transported or likely to be transported along Captain Cook Drive as a result of the development, and

(c)  any means that are, in the opinion of the Council, required to be employed to protect the environment or to mitigate harm to the environment as a result of the development because of the amount of traffic generated or the nature of the goods or materials transported.

(5)  The Council may consent to the relocation of Captain Cook Drive between the points marked “X” and “Y” on the map.

(6)  Where Captain Cook Drive is relocated, the Council may consent to the carrying out of development on land formerly occupied by that road and on land south of the relocated road within Zone No 6 (c) for any purpose for which development may be carried out in Zone No 7 (b).

5.14 Protection of certain land within Zone No 5 (a) or 7 (b)

The Council shall not consent to the carrying out of development on land within Zone No 5 (a) or 7 (b) that is shown hatched black on the map if, in its opinion, that development would significantly affect or alter the topographical or ecological features of the land.

5.15 Development within Zone No 6 (a)

The Council shall not consent to the carrying out of development on land within Zone No 6 (a) unless the Council has considered—

(a)  the need for the proposed development to be carried out on that land,

(b)  the impact of the carrying out of the proposed development on the existing or likely future use of the land, and

(c)  the need to retain the land for its existing or likely future use.

5.16 Consideration of use of certain land by tourists

In considering any development application relating to land within Zone No 6 (b) adjacent to Bate Bay or Zone No 9 (a) and adjoining Boat Harbour (where that land has been dedicated or transferred free of cost to the Council or the corporation, as the case may be), the Council shall take into consideration the use for tourist or other similar purposes of any adjoining land within Zone No 7 (b) and the use of the land within Zone Nos. 6 (b) and 9 (a) by people accommodated on land within Zone No 7 (b).

5.17 Development of certain land in Zone No 6 (b) or 9 (a)

The Council may consent to the carrying out of development on land—

(a)  within Zone No 6 (b) adjacent to Bate Bay and which is within 10 metres of the boundary of that zone and Zone No 7 (b), and

(b)  within Zone No 9 (a) adjacent to Boat Harbour and which is within 5 metres of the boundary of that zone and Zone No 7 (b),

and not being land on the seaward side of the crest of the frontal dune, for any of the purposes for which development may be carried out on land within Zone No 7 (b) where the balance of the land within Zone No 6 (b) and 9 (a) adjoining the particular land in Zone No 7 (b) and an equal amount of land within Zone No 7 (b) adjacent to the boundary of the two zones is dedicated or transferred free of charge to the Council or the corporation, as the case may be.

5.18 Development adjacent to or adjoining Zone No 7 (a)

The Council shall not consent to the carrying out of development on land adjacent to or adjoining land within Zone No 7 (a) where that development—

(a)  is located or sited less than 10 metres from the boundary of Zone No 7 (a), or

(b)  would require the clearing, construction of a levee on, draining or filling of land within 10 metres from the boundary of Zone No 7 (a).

5.19 Development within Zone No 7 (b)

(1)  Except as provided by subsection (2), the Council shall not consent to the subdivision of land within Zone No 7 (b) unless—

(a)  the area of each allotment to be created by the subdivision is not less than 2,500 square metres, and

(b)  the average area of all allotments to be created by the subdivision is not less than 5,000 square metres.

(2)  Where an allotment of land within Zone No 7 (b) relies on Captain Cook Drive for its sole means of access, the Council shall not consent to the carrying out of development on that land unless the allotment has an area of not less than 4 hectares.

(3)  The Council shall not consent to the carrying out of development on land within Zone No 7 (b) adjacent to land within Zone No 9 (a) adjacent to Boat Harbour unless reasonable provision is made for public access to Boat Harbour and between land within Zone No 6 (b) adjoining Bate Bay and land within Zone No 9 (a) adjoining Boat Harbour.

5.20 Development of certain land within Zone No 7 (b)

(1)  Except as provided by subsection (2), land within Zone No 7 (b) which is within 300 metres of the Mean High Water Mark of Bate Bay or Boat Harbour may be developed, with the consent of the Council, only for the purpose of kiosks, picnic areas, sand mining and extraction, and sand stabilisation and conservation.

(2)  Land referred to in subsection (1) may be developed with the consent of Council for purposes permissible in Zone No 7 (b) (other than those referred to in subsection (1)), only where reasonable measures to ensure the stability of the frontal sand dune and to protect the environmentally sensitive features of the land have been taken or will be taken within 3 months of the date of commencement of any construction on the land referred to in subsection (1).

(3)  Measures which may be required under subsection (2) include the dedication or transfer free of cost of the land within Zone No 6 (b) adjoining Bate Bay or the land within Zone No 9 (a) adjoining Bate Harbour.

5.21 Minimum subdivision lot size within Zone E4 Environmental Living

(1)  The objective of this section is to minimise the impact of development on the scenic, environmental and heritage values of the locality.

(2)  This section applies to a subdivision of any land shown within Zone E4 Environmental Living on the Lot Size Map that requires development consent and that is carried out after the commencement of this section.

(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 individual lots in a strata plan or community title scheme.

5.22 Height of buildings within Zone E4 Environmental Living

(1)  The objective of this section is to minimise the impact of development on the scenic, environmental and heritage values of the locality.

(2)  The height of a building on any land within Zone E4 Environmental Living is not to exceed the maximum height shown for the land on the Height of Buildings Map.

5.23 Floor space ratio within Zone E4 Environmental Living

(1)  The objective of this section is to minimise the impact of development on the scenic, environmental and heritage values of the locality.

(2)  The maximum floor space ratio for a building on any land within Zone E4 Environmental Living is not to exceed the floor space ratio shown for the land on the Floor Space Ratio Map.

5.24 Front building line within Zone E4 Environmental Living

(1)  The objective of this section is to ensure that development of the land within Zone E4 Environmental Living results in a suburban environment characterised by dwellings that are integrated into a landscaped setting.

(2)  A building on any land within Zone E4 Environmental Living must have a setback from the front boundary that is not less than the minimum front building line setback shown for the land on the Front Building Line Map.

5.25 Landscaped area within Zone E4 Environmental Living

(1)  The objective of this section is to ensure that development of the land within Zone E4 Environmental Living results in a suburban environment characterised by dwellings that are integrated into a landscaped setting.

(2)  Land on which a dwelling house is erected within Zone E4 Environmental Living must have a landscaped area that is not less than the minimum landscaped area shown for the land on the Landscaped Area Map.

5.26 Groundwater vulnerability

(1)  The objective of this section is to maintain the hydrological functions of key groundwater systems and to protect vulnerable groundwater resources from contamination as a result of inappropriate development.

(2)  This section applies to land in Zone RE1 Public Recreation, Zone E2 Environmental Conservation and Zone E4 Environmental Living.

(3)  In assessing a development application for land to which this section applies, the Council must consider any potential adverse impact the proposed development is likely to have on the following—

(a)  the characteristics of groundwater present in the locality,

(b)  the risk of groundwater contamination,

(c)  groundwater dependent ecosystems.

(4)  Development consent must not be granted to development on land to which this section applies unless the Council is satisfied that—

(a)  the development is designed, sited and will be managed to avoid any adverse environmental impact, or

(b)  if that impact cannot be avoided—the development is designed, sited and will be managed to minimise that impact, or

(c)  if that impact cannot be minimised—the development will be managed to mitigate that impact.

5.27 Consideration of environmental effect—protection of wetlands

(1)  The Council shall not consent to the carrying out of development on any land to which this Chapter applies if the development, in the opinion of the Council, is likely to have a significant adverse impact on the long term viability of the wetland areas or any ecosystem or species within the wetland areas.

(2)  Without limiting any other matters which the Council may consider, in considering whether the carrying out of any development on land is likely to have a significant adverse impact on the long term viability of the wetland areas or any ecosystem or species within the wetland areas, the Council shall take into consideration—

(a)  the accumulation in the surrounding ecosystems, by any biological, chemical or physical processes, of toxic or other chemicals to be used or produced by the development,

(b)  the likelihood of increased mortality or morbidity in natural populations of plants or animals and any effect of that on—

(i)  the diversity of species,

(ii)  the integrity of life cycles of species including, but not limited to, species of economic and cultural value, and

(iii)  the maintenance of ecological processes, including nutrient cycles, hydrologic cycles, microclimate and biological productivity,

(c)  the persistence of the chemicals to be used or produced in carrying out the development, their existing concentrations in the ecosystems, and whether those chemicals are likely to be released into the ecosystems from other existing or approved development, and

(d)  the frequency of emissions which may result from the carrying out of the development in normal and atypical operating conditions and in different weather conditions.

5.28 Restriction on development of wetland areas

(1)  In respect of land within the wetland areas, a person shall not—

(a)  clear that land,

(b)  construct a levee on that land,

(c)  drain that land,

(d)  fill that land, or

(e)  landscape that land,

except with the consent of the Council.

(2)  Pursuant to section 3.17 of the Act, development for which consent is required by subsection (1) is declared to be designated development for the purposes of the Act.

5.29 Aircraft noise—restriction on development

(1)  The Council shall not consent to the carrying out of development—

(a)  for residential purposes, where the noise level exceeds 25 ANEF, or

(b)  for schools, universities, hospitals or nursing homes, where the noise level exceeds 25 ANEF, or

(c)  for hotels, motels, hostels, other tourist accommodations or public buildings, where the noise level exceeds 30 ANEF, or

(d)  for commercial purpose, where the noise level exceeds 35 ANEF, or

(e)  for light industry, where the noise level exceeds 40 ANEF.

(2)  The Council shall not consent to the carrying out of development—

(a)  for residential purposes, where the ANEF is between 20 and 25, or

(b)  for schools, universities, hospitals or nursing homes, where the ANEF is between 20 and 25, or

(c)  for hotels, motels, hostels or other tourist accommodation, where the ANEF is between 25 and 30, or

(d)  for public buildings, where the ANEF is between 20 and 30, or

(e)  for commercial purposes where the ANEF is between 25 and 35, or

(f)  for light industry where the ANEF is between 30 and 40,

unless it is satisfied that the development meets Australian Standard 2021 regarding interior noise levels.

(3)  Nothing in this section prevents the granting of consent for the reasonable repair, renovation, alteration, extension of or addition to an existing building, if there will be no resulting reduction in the degree of insulation of the building interior from noise.

(4)  This section does not apply to the carrying out of development for residential purposes, or for the purpose of schools, on land within Kurnell village.

5.30 Aircraft noise—restriction on certain development on land in Kurnell village

(1)  This section applies to the carrying out of development for residential purposes, or for the purpose of schools, on land within Kurnell village.

(2)  The Council must not consent to the carrying out of development—

(a)  for residential purposes, where the ANEF exceeds 20, or

(b)  for schools, where the ANEF exceeds 20,

unless it is satisfied that the development meets Australian Standard 2021 regarding interior noise levels.

(3)  Nothing in this section prevents the granting of consent for the reasonable repair, renovation, alteration, extension of or addition to an existing building, if there will be no resulting reduction in the degree of insulation of the building interior from noise.

5.31 Protection of heritage items and relics

(1)  The following development may be carried out only with development consent—

(a)  demolishing or damaging a heritage item,

(b)  altering a heritage item by making structural changes to its exterior,

(c)  altering a heritage item by making non-structural changes to the detail, fabric, finish or appearance of its exterior,

(d)  moving a relic, or excavating land for the purpose of discovering, exposing or moving a relic,

(e)  erecting a building on, or subdividing, land on which a heritage item is located.

(2)  Development consent is not required under this section for the following development—

(a)  maintenance necessary for ongoing protective care, including bush fire hazard reduction,

(b)  internal alterations,

(c)  installing skylights that would not be visible from the street or other public places,

(d)  demolition or erection of rear or side fences,

(e)  lopping or removing structures or trees for safety reasons,

(f)  removing dead or dying trees,

(g)  other development the Council considers would not adversely affect the heritage significance of a heritage item.

(3)  When determining a development application required by this section, the Council—

(a)  must consider the effect of the development on the heritage significance of the heritage item and its setting, and

(b)  may consider any conservation plan that assesses the impact of the proposal on the heritage significance of the heritage item and its setting, and

s 5.31: Am 2024 (63), Sch 1[4] [5].

5.32 Development of known or potential archaeological sites

(1)  The Council may consent to the carrying out of development on an archaeological site or potential archaeological site that has Aboriginal heritage significance only if—

(a)  it has considered a conservation assessment of the impact of the proposed development on the site, and

(b)  it is satisfied that any necessary consent or permission required under the National Parks and Wildlife Act 1974 has been granted.

(2)  The Council may consent to the carrying out of development on an archaeological site or potential archaeological site that has non-Aboriginal heritage significance only if—

(a)  it has considered a conservation assessment of the impact of the proposed development on the site, and

(b)  it is satisfied that any necessary excavation permit required by the Heritage Act 1977 has been granted.

5.33 Conservation incentives

The Council may grant consent to the development of a site of a heritage item which is a building, except a boatshed or other structure ancillary to a dwelling, regardless of section 5.9 provided it is satisfied that—

(a)  the proposed development would not adversely affect the heritage significance of the heritage item, and

(b)  the proposed development would have little or no adverse effect on the amenity of the area, and

(c)  conservation of the item will be carried out to the Council’s satisfaction.

5.34 Advertisement of heritage development applications

The Council must advertise any development application involving the demolition of a heritage item or the use of heritage items as allowed under section 5.33 on at least 2 occasions in a local newspaper.

5.35 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 to development that contravenes a development standard unless the consent authority is satisfied the applicant for development consent has demonstrated that—

(a)  compliance with the development standard is unreasonable or unnecessary in the circumstances, and

(b)  there are sufficient environmental planning grounds to justify the contravention of the development standard.

Note—

The Environmental Planning and Assessment Regulation 2021 requires the development application to be accompanied by a document setting out the grounds on which the applicant seeks to demonstrate the matters in paragraphs (a) and (b).

(4)  The consent authority must keep a record of its assessment carried out under subsection (3).

(5)    (Repealed)

(6)  Development consent must not be granted under this section for a subdivision of land in Zone E2 Environmental Conservation 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.

(7)    (Repealed)

(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.

s 5.35: Am 2023 (524), Sch 1.2[1].

Division 2 Concurrence, consultation etc

5.36 Sydney Water Corporation requirements

(1)  The Council shall not consent to the carrying out of development on land within Zone No 7 (b) for the purpose of commercial premises (other than commercial premises ancillary to another purpose), retail activities or holiday accommodation where the proposed development will be situated within 400 metres—

(a)  from the existing treatment structures of the Sydney Water Corporation’s Cronulla Sewerage Treatment Works, or

(b)  from the northern boundary of the site on which those structures are erected.

5.37 Development control—coastal areas

Before granting consent to development on land affected or likely to be affected by coastal processes, the Council shall—

(a)  require as a condition of development consent that disturbed foreshore areas be rehabilitated, and

(b)  require as a condition of development consent that access across foredune areas be confined to specified points.

5.38 Consideration of certain reports

The Council shall not consent to the carrying out of development on land to which this Chapter applies unless it has first considered the contents of any reports prepared by the Department relating to—

(a)  risk assessment for the Kurnell Peninsula,

(b)  transportation on the Kurnell Peninsula,

(c)  dangerous goods routes, and

(d)  guidelines on risk assessment criteria and methodology.

Division 3 General

5.39 Development control codes and design and management guidelines

(1)  Where land is within Zone No 7 (b) or where the Council considers it necessary or desirable to make more detailed provisions than are contained in this Chapter in respect of any other land to which this Chapter applies, it may prepare or cause to be prepared a development control code or design and management guidelines.

(2)  The format, structure, subject-matter and procedures for the preparation, public exhibition, approval, amendment and repeal of a development control code or design and management guidelines shall comply with Part 3 of the Environmental Planning and Assessment Regulation 1980 which shall be construed as if—

(a)  a reference in that Part to a development control plan were a reference to a development control code or design and management guidelines,

(b)  a reference in that Part to a local environmental plan were a reference to this Chapter, and

(c)  a reference in that Part to the council were a reference to the consent authority.

(3)  A development control code or design and management guidelines shall not be inconsistent with the provisions of this Chapter applying to the land to which the development control code or design and management guidelines apply.

(4)  A development control code or design and management guidelines prepared in accordance with this section shall be available for public inspection, without charge, at the office of the Council during ordinary office hours.

(5)  The Council shall take any code or guidelines prepared in accordance with this section into consideration in determining any development applications relating to land to which the code or guidelines may apply.

5.40 Sand extraction

(1)  Pursuant to section 3.17 of the Act, development for the purpose of extractive industries (being sand mining) on land to which this Chapter applies is declared to be designated development for the purposes of the Act.

(2)  The Council shall require as a condition of any consent given for the purpose of sand mining or extraction the restoration of the area of land subject to the consent.

5.41 Acquisition of reserved lands

Note—

Nothing in this section is to be construed as requiring a public authority to acquire land—see section 3.15 (3) of the Act.

(1)  The owner of any land within Zone No 9 (a) may, by notice in writing, require the corporation to acquire that land.

(2)  Subject to subsection (3), on receipt of a notice referred to in subsection (1), the corporation, shall acquire by purchase the land to which the notice relates.

(3)  Where a person owns a parcel of land which is partly within Zone No 9 (a) and partly within any other zone, nothing in subsection (1) requires the corporation to acquire so much of the land within Zone No 9 (a) as could be required to be dedicated or transferred to the corporation as a condition of consent to the development of that part of the land within any other zone or otherwise under this Chapter.

(4)  Land within Zone No 9 (a) may be developed for a purpose permissible in an adjoining zone with the consent of the Council, until that land is acquired by the Corporation.

(5)  In considering whether to grant consent under subsection (4), the Council must take into consideration—

(a)  the effect of the proposed development on the costs of acquisition,

(b)  the imminence of acquisition,

(c)  the costs associated with the reinstatement of the land for the purposes for which it is reserved, and

(d)  the environmental consequences of the development.

5.42 Suspension of covenants

(1)  For the purpose of enabling development to be carried out in accordance with this Chapter or a consent given under the Act, any covenant, agreement or instrument imposing restrictions as to the erection or use of buildings for certain purposes or as to the use of land for certain purposes on land within any zone, other than Zone No 2 (a) (Residential Zone), Zone RE1 Public Recreation, Zone E2 Environmental Conservation or Zone E4 Environmental Living, shall not apply to the extent necessary to enable that development to proceed.

(2)  Nothing in subsection (1) affects the right or interests of the Crown or any public authority under any registered instrument.

(3)  Pursuant to section 28 of the Act, before the making of this Chapter the Governor approved of subsection (1).

5.43 Suspension of covenants, agreements and instruments on land within Zones RE1, E2 and E4

(1)  For the purpose of enabling development on land within Zone RE1 Public Recreation, E2 Environmental Conservation or E4 Environmental Living to be carried out in accordance with this Chapter 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).

5.44 Development for certain additional purposes

(1)  Nothing in this Chapter prevents a person, with the consent of the Council, from carrying out development on land referred to in Schedule 9 for a purpose specified in relation to that land, subject to such conditions, if any, as are so specified.

(2)  Subsection (1) does not affect the application, to or in respect of development to which that subsection applies, of such of the provisions of this Chapter as are not inconsistent with that subsection or with a consent granted by the Council in respect of the development.

(3)  The Council may grant consent to a development application made by FAPACE PTY LIMITED dated March 1989 relating to Lot 4, DP 712157, Lot 2, DP 559922 and Lot 3, DP 225537 where the Council has taken into consideration the Deed dated 14 March 1989 between Besmaw Pty Limited, Fapace Pty Limited, the Minister administering the Environmental Planning and Assessment Act 1979, the Director of Planning and the Council of the Shire of Sutherland relating to the land.

(4)  Notwithstanding any other provision of this Chapter, if the Council grants a consent in respect of the development application referred to in subsection (3), the Council may, by that consent or by any subsequent consent, grant consent to the carrying out of development for any purpose referred to in that development application.

5.45 How are trees and bushland vegetation preserved?

(1)  The objective of this section is the preservation of valuable trees and bushland vegetation in the local government area of Sutherland Shire.

(2)  Where it appears to the Council that it is expedient for the purpose of preserving or securing trees and bushland vegetation in order to ensure the integrity of the natural environment for both residents of and visitors to the area of Sutherland Shire it may make a tree and bushland vegetation preservation order.

(3)  A tree and bushland vegetation preservation order may prohibit the ringbarking, cutting down, topping, lopping, pruning, removing, injuring or wilful destruction of any bushland vegetation, tree or trees specified in the order except with development consent or the permission of the Council.

(4)  A tree and bushland vegetation preservation order made in accordance with this section may apply to any tree or trees, or to any specified class, type or description of trees or to bushland vegetation described in the order.

(5)  A tree and bushland vegetation preservation order may exempt any tree or any specified class, type or description of trees or bushland vegetation upon land described in the order.

(6)  A tree and bushland vegetation preservation order, and an amendment or repeal of any such order, has effect only when it has been published in the Government Gazette and in a local newspaper.

(7)  A person must not contravene, or cause or permit the contravention of, a tree and bushland vegetation preservation order that is in force.

(8)  It is a sufficient defence to a prosecution for an offence under this section if the accused establishes—

(a)  that the tree or bushland vegetation concerned was dying or dead or had become dangerous, or

(b)  that taking the action alleged to comprise the offence was reasonably necessary to protect human life, buildings or other property from imminent danger from a bush fire burning in the vicinity of the land on which the tree or bushland vegetation was situated, or

(c)  that written notice about proposed action to remove trees or bushland vegetation that pose or poses a fire hazard was given to the Council, and the Council, before the action alleged to comprise the offence was taken, confirmed in writing—

(i)  that the tree or bushland vegetation concerned was in a Inner Protection Area within the meaning of Planning for Bush Fire Protection, a copy of which is available for inspection at the office of the Council, or

(ii)  that the tree or bushland vegetation concerned was of a species classified by the Council as being likely to present a significant fire hazard, or

(d)  that written notice about the proposed action alleged to comprise the offence was given to the Council, a period of not less than 14 days occurred after the notice was given (and before the action was taken) and the Council did not advise the person during that period that it opposed the action being taken.

In this subsection, notice means a notice that includes the name and address of the person who gives it and that explains that a tree of a named species or bushland vegetation situated in a specified position on land described in the notice is intended to be ringbarked, cut down, topped, lopped, removed, injured or wilfully destroyed for the purpose of bush fire hazard reduction.

(9)  The provisions of a tree and bushland vegetation preservation order do not apply to activities lawfully conducted in accordance with the Act or the Telecommunications Act 1992 of the Commonwealth, the Roads Act 1993, the Rural Fires Act 1997, the Local Government Act 1993.

(10)  In this section—

Planning for Bush Fire Protection means the document prescribed by the Environmental Planning and Assessment Regulation 2021, section 271.

s 5.45: Am 2023 (83), Sch 2.4[1] [2].

5.46 What is exempt development?

(1)  Development of minimal environmental impact listed in Schedule 13 is exempt development, subject to subsections (2) and (3).

(2)  Development is exempt development only if—

(a)  the development is in accordance with the specified predetermined development standards and other requirements identified for that development in Schedule 13, and

(b)  the development is ancillary to an existing legal use of a property and will be contained wholly within the property, and

(c)  the development complies with the deemed-to-satisfy provisions of the Building Code of Australia (the BCA) and the standards currently prescribed in the Regulation, and

(d)  the development does not contravene any condition of a development consent applying to the land, and

(e)  the development does not result in removal, pruning or lopping of trees or bushland vegetation which would otherwise require the consent or permission of the Council to remove, prune or lop under the Council’s tree and bushland vegetation preservation order, and

(f)  the development does not cause interference with the amenity of the neighbourhood because of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil or otherwise, and

(g)  the development is not carried out within the zone of influence of or over an existing or proposed easement or public sewer main or, if over a sewer main, the proposal complies with the building over sewer requirements of the Sydney Water Corporation applying to the land, and

(h)  if appropriate, any installation involved is carried out to the manufacturer’s specifications and requirements, and

(i)  the development does not restrict any vehicular or pedestrian access to or from the site or reduce the number of car spaces on the site below the minimum required by the Council, and

(j)  the development does not result in the redirection of surface storm water or run off onto adjoining private property, and

(k)  the development does not involve excavation beyond 600 millimetres below natural ground level, and

(l)  it does not involve handling, storing, or using hazardous chemicals or materials otherwise than on a domestic scale (except on farms and at a distance of more than 25 metres from any habitable building), and does not release any hazardous chemicals or materials or any pollutants into the environment, and

(m)  it is located within a bushfire interface area or bushfire prone area and complies with the Council’s construction standards or relevant building standards for buildings in these areas.

(3)  Development is not exempt development if it is carried out on land that—

(a)  is listed as, or contains an item listed as, a heritage item in this Chapter, or

(b)  is an Aboriginal place under the National Parks and Wildlife Act 1974, or

(c)  is reserved or dedicated under the Crown Land Management Act 2016 for the preservation of flora, fauna or geological formations or for other environmental protection purposes, or

(d)  is a location of an endangered ecological community or critical habitat as identified in the Threatened Species Conservation Act 1995, or

(e)  is within the 7 (a) (Waterways Zone), or

(f)  is within the 7 (b) (Special Development Zone), or

(g)  is within the 8 (a) (National Parks and Nature Reserves (Existing) Zone), or

(h)  is within the 9 (a) (Regional Open Space (Reservation) Zone), or

(i)  is within 40 metres of a waterbody where the development requires any excavation, or

(j)  is within 10 metres of land which is zoned 7 (a) (Waterways Zone).

5.47 What is complying development?

(1)  Development listed in Schedule 14 is complying development, subject to subsections (2) and (3).

(2)  Development is complying development only if—

(a)  the development is in accordance with the specified predetermined development standards and other requirements identified for that development in Schedule 14, and

(b)  the proposed development does not involve a building or a site in or on which an existing use, as defined in section 4.65 of the Act, is being carried out, and

(c)  it is consistent with any plan of management approved under State Environmental Planning Policy No 44—Koala Habitat Protection, and with any recovery plan or threat abatement plan in force under the Threatened Species Conservation Act 1995 that may apply to the land, and

(d)  it does not contravene any condition of a development consent applying to the land, and

(e)  the development complies with the deemed-to-satisfy provisions of the Building Code of Australia (the BCA) and the standards currently prescribed in the Regulation, and

(f)  the development does not restrict any vehicular or pedestrian access to or from the site or reduce the number of car spaces on the site below the minimum required by the Council, and

(g)  the development will not result in removal, pruning or lopping of trees or bushland vegetation which would require the consent or permission of the Council to remove, prune or lop under the Council’s tree and bushland vegetation preservation order, and

(h)  the development is not carried out within the zone of influence of over an existing or proposed easement or public sewer main or, if over a sewer main, the proposal complies with the building over sewer requirements of Sydney Water Corporation applying to the land, and

(i)  the development will not result in the redirection of surface storm water or run off onto adjoining private property, and

(j)  the maximum floorspace ratio is 0.4:1, and

(k)  the minimum landscaped area is 50% of the site area.

(3)  Development is not complying development if it is carried out on land that—

(a)  is identified by the Council as being—

(i)  within a bushfire interface area, or

(ii)  subject to flooding, tidal inundation, subsidence or land slip, or

(iii)  contaminated land, or

(b)  is listed as, or contains an item listed as, a heritage item in this Chapter, or is on land that abuts a heritage item, or

(c)  is an Aboriginal place under the National Parks and Wildlife Act 1974, or

(d)  is reserved or dedicated under the Crown Land Management Act 2016 for the preservation of flora, fauna or geological formations or for other environmental protection purposes, or

(e)  is a location of an endangered ecological community or critical habitat as identified in the Threatened Species Conservation Act 1995, or

(f)  is within the 6 (a) (Public Recreation (Existing) Zone), or

(g)  is within the 6 (b) (Public Recreation (Proposed) Zone), or

(h)  is within the 7 (a) (Waterways Zone), or

(i)  is within the 7 (b) (Special Development Zone), or

(j)  is within the 8 (a) (National Parks and Nature Reserves (Existing) Zone), or

(k)  is within the 9 (a) (Regional Open Space (Reservation) Zone), or

(l)  is within Zone E4 Environmental Living, or

(m)  has previously been used as a service station, for intensive agriculture, mining or extractive industry, for waste storage or waste treatment, or for the manufacture of chemicals, asbestos or asbestos products and a notice of completion of remediation work for the proposed use has not been given to the Council in accordance with State Environmental Planning Policy No 55—Remediation of Land, or

(n)  is within 40 metres of a waterbody where the development requires any excavation, or

(o)  is within 10 metres of land which is zoned 7 (a) (Waterways Zone), or

(p)  is adjacent to an arterial road or arterial road reservation where the development proposes a new, or alters an existing, vehicular accessway to that road or reservation, or

(q)  is subject to an interim heritage order under the Heritage Act 1977 or that is listed on the State Heritage Register under that Act.

(4)  A complying development certificate issued for any such development is to be subject to the conditions for the development specified in any applying development control plan adopted by the Council, as in force when the certificate is issued.

5.48 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.

5.49 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).

5.50 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.

5.51 Protection of groundwater and surface water

(1)  This section applies to development involving—

(a)  the abstraction of groundwater for water supply purposes, or

(b)  the recirculation of groundwater for industrial purposes and the return of the water to the aquifer, or

(c)  the discharge of groundwater or surface water as waste water into the following—

(i)  bores,

(ii)  unlined pits,

(iii)  channels,

(iv)  excavations.

(2)  The Council must not consent to the carrying out of the development unless arrangements have been made for the groundwater or surface water to be properly used and protected.

5.52 Canal estate development prohibited

(1)  Canal estate development is prohibited on land to which this Chapter applies.

(2)  In this section—

canal estate development has the same meaning as in the standard instrument prescribed by the Standard Instrument (Local Environmental Plans) Order 2006.

s 5.52: Ins 2022 (629), Sch 3.13.

Chapter 6 Urban renewal precincts

Part 6.1 Preliminary

6.1 Aims of Chapter

The aims of this Chapter are as follows—

(a)  to establish the process for assessing and identifying sites as urban renewal precincts,

(b)  to facilitate the orderly and economic development and redevelopment of sites in and around urban renewal precincts,

(c)  to facilitate delivery of the objectives of any applicable government State, regional or metropolitan strategies connected with the renewal of urban areas that are accessible by public transport.

6.2 Definitions

(1)  In this Chapter—

potential precinct means land identified as a potential urban renewal precinct on any of the following maps—

(a)  State Environmental Planning Policy (Urban Renewal) 2010 Redfern-Waterloo Potential Precinct Map,

(b)  State Environmental Planning Policy (Urban Renewal) 2010 Granville Potential Precinct Map.

the Act means the Environmental Planning and Assessment Act 1979.

(2)  Words and expressions used in this Chapter have the same meaning as they have in the standard instrument prescribed under 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).

(3)  Notes included in this Chapter do not form part of this Chapter.

s 6.2: Am 2023 (523), Sch 2.3[4].

6.3 Land to which Chapter applies

This Chapter applies to land within a potential precinct.

6.4 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.

Note—

The maps adopted by this Chapter are to be made available on the official NSW legislation website in connection with this Chapter.

6.5 Relationship with other environmental planning instruments

If there is an inconsistency between this Chapter and any other environmental planning instrument, whether made before or after the commencement of this Chapter, this Chapter prevails to the extent of the inconsistency.

6.6 Review of Policy

The Minister must ensure that the provisions of this Chapter are reviewed—

(a)  as soon as practicable after the first anniversary of the commencement of this Chapter, and

(b)  at least every 5 years after that commencement.

Part 6.2 Potential urban renewal precincts

6.7 Proposals for potential precincts

(1)  The Director-General must undertake a study or arrange for a study to be undertaken for the purpose of determining—

(a)  whether a potential precinct should be developed as an urban renewal precinct, and

(b)  the appropriate land use and development controls for the precinct.

(2)  The study must assess the suitability of a potential precinct as an urban renewal precinct having regard to the following—

(a)  the planning significance of the site,

(b)  the suitability of the site for any proposed land use taking into consideration environmental, social and economic factors, the principles of ecologically sustainable development and any applicable government State, regional or metropolitan planning strategy,

(c)  the implications of any proposed land use for local and regional land use, infrastructure and service delivery,

(d)  any other matters required by the Director-General.

(3)  The Director-General is to arrange for any such study to be publicly exhibited with an invitation to the public to make written submissions.

(4)  The Minister may direct that an inquiry be held as part of the investigation of a potential precinct.

(5)  The Director-General is to provide the Minister with a copy of any such study and any recommendations relating to it.

6.8 Development in potential precincts

(1)  This section applies to a development application to carry out development on land that comprises all or part of a potential precinct if the proposed development is or involves subdivision, or has an estimated development cost of more than $5 million, and is not exempt or complying development.

(2)  The consent authority must not grant development consent unless it is satisfied that the proposed development is consistent with the objective of developing the potential precinct for the purposes of urban renewal.

(3)  For the purposes of subsection (2), the consent authority is to take into account whether or not the proposed development is likely to restrict or prevent the following—

(a)  development of the potential precinct for higher density housing or commercial or mixed development,

(b)  the future amalgamation of sites for the purpose of any such development within the potential precinct,

(c)  access to, or development of, infrastructure, other facilities and public domain areas associated with existing and future public transport in the potential precinct.

(4)  This section does not apply to a development application to the extent that it involves subdivision for the purpose only of any one or more of the following—

(a)  widening a public road,

(b)  a minor realignment of boundaries that does not create—

(i)  additional lots or the opportunity for additional dwellings, or

(ii)  lots that are smaller than the minimum size permitted under an environmental planning instrument applicable to the land concerned,

(c)  a consolidation of lots that does not create additional lots or the opportunity for additional dwellings,

(d)  rectifying an encroachment on a lot,

(e)  creating a public reserve,

(f)  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 toilets.

(5)  In this section—

estimated development cost has the same meaning as in the Environmental Planning and Assessment Regulation 2021.

s 6.8: Am 2023 (523), Sch 2.3[5] [6].

Appendix 1 State significant precinct—Channel 7 site

section 2.7

Appendix 1, hdg: Subst 2022 (835), Sch 1[24].

sch 1, hdg: Am 2024 (63), Sch 1[9].

Part 1 Preliminary

1 Definition of particular terms

In this Appendix—

basement means the space of a building where the floor level of that space is predominantly below ground level (finished) and where the floor level of the storey immediately above is less than 1.2 metres above ground level (finished).

Channel 7 site means the land identified on the Land Application Map.

dwelling, earthworks, excavation and gross floor area have the same meanings as they have in the standard instrument prescribed by the Standard Instrument (Local Environmental Plans) Order 2006 (as in force immediately before the commencement of the Standard Instrument (Local Environmental Plans) Amendment Order 2011).

ground level (finished) means, for any point on a site, the ground surface after completion of any earthworks (excluding any excavation for a basement, footings or the like) for which development consent or an approval under Part 3A of the Act has been granted, or that is exempt development.

Height of Buildings Map means the State Environmental Planning Policy (Major Development) 2005 Channel 7 Height of Buildings Map.

Land Application Map means the State Environmental Planning Policy (Major Development) 2005 Channel 7 Land Application Map.

Land Zoning Map means the State Environmental Planning Policy (Major Development) 2005 Channel 7 Land Zoning Map.

storey means a space within a building that is situated between one floor level and the floor level next above, or if there is no floor above, the ceiling above, but does not include—

(a)  a space that contains only a lift shaft, stairway or meter room, or

(b)  a mezzanine, or

(c)  a basement.

3 Meaning of development purposes

Words and expressions used to refer to a development purpose in section 8 or 9 have the same meaning as they have in the standard instrument prescribed by the Standard Instrument (Local Environmental Plans) Order 2006 (as in force immediately before the commencement of the Standard Instrument (Local Environmental Plans) Amendment Order 2011).

4 Application of this Appendix

Nothing in this Appendix applies to or with respect to development for the purposes of a public utility undertaking.

Part 3 Provisions applying to development within Channel 7 site

6 Application of Part

This Part applies with respect to any development within the Channel 7 site and so applies whether or not the development is a transitional Part 3A project.

7 Land use zones

(1)  For the purposes of Chapter 2, land within the Channel 7 site is in a zone as follows if the land is shown on the Land Zoning Map as being within that zone—

(a)  General Residential Zone,

(b)  Public Recreation Zone.

(2)  The consent authority must have regard to the objectives for development in a zone when determining a development application in respect of land within the zone.

8 General Residential Zone

(1)  The objectives of the General Residential Zone are as follows—

(a)  to provide for the housing needs of the community,

(b)  to provide for a variety of housing types and densities,

(c)  to enable other land uses that provide facilities or services to meet the day to day needs of residents.

(2)  Development for any of the following purposes is permitted with consent within the General Residential Zone—

boarding houses; car parks; centre-based child care facilities; community facilities; dwelling houses; exhibition homes; group homes; home-based child care; home businesses; home industries; home occupations; hostels; multi dwelling housing; neighbourhood shops; office premises; places of public worship; recreation areas; residential care facilities; residential flat buildings; roads that are not classified roads; seniors housing; shop top housing; telecommunications facilities.

(3)  Except as otherwise provided by Chapter 2, development is prohibited within the General Residential Zone unless it is permitted by subsection (2).

9 Public Recreation Zone

(1)  The objectives of the Public Recreation Zone are as follows—

(a)  to enable land to be used for open space or recreational purposes,

(b)  to provide a range of recreational settings and activities and compatible land uses,

(c)  to protect and enhance the natural environment for recreational purposes,

(d)  to provide a range of community uses that serve the needs of the people who live and work in the surrounding neighbourhood.

(2)  Development for any of the following purposes is permitted with consent within the Public Recreation Zone—

car parks; centre-based child care facilities; community facilities; environmental facilities; environmental protection works; kiosks; recreation areas; recreation facilities (outdoor); roads that are not classified roads.

(3)  Except as otherwise provided by Chapter 2, development is prohibited within the Public Recreation Zone unless it is permitted by subsection (2).

10 Development controls

(1)  The height of a building on any land is not to exceed the maximum number of storeys shown for the land on the Height of Buildings Map.

(2)  Development for the purpose of a dwelling must not be carried out if it would result in—

(b)  there being more than 800 dwellings (whether of the same or different types) on the Channel 7 site, or

(c)  the total of the gross floor areas for dwellings within the Channel 7 site exceeding 80,000 square metres.

Part 4 Miscellaneous

11 Relationship with other environmental planning instruments

The only environmental planning instruments that apply, according to their terms, to or in respect of development within the Channel 7 site are as follows—

(a)  in the case of development that is a transitional Part 3A project—Chapter 2 and all other State environmental planning policies except clause 4.6 of Parramatta Local Environmental Plan 2011,

(b)  in the case of all other development—all environmental planning instruments except clause 4.6 of Parramatta Local Environmental Plan 2011.

13 Acquisition of land within Channel 7 site

(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 within the Channel 7 site, if the land is required to be acquired under the owner-initiated acquisition provisions, is the authority of the State specified below in relation to that land (or, if none is specified, the authority designated or determined under those provisions)—

Zone	Authority of the State
Public Recreation Zone	The corporation constituted by section 2.5(1) of the Act

(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.

14 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 2024 (63), Sch 1[10].

Appendix 2 State significant precinct—Huntingwood West Precinct

section 2.7

Appendix 2, hdg: Subst 2022 (835), Sch 1[25].

sch 2, hdg: Am 2024 (63), Sch 1[11].

Part 1 Preliminary

1 Land to which Appendix applies

This Appendix applies to the land identified on the following map, referred to in this Schedule as the Huntingwood West Precinct—

2 Interpretation

(1)  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.

(2)  In this Appendix—

garden centre means a building or place the principal purpose of which is the retail sale of plants and landscaping and gardening supplies and equipment. It may, if ancillary to the principal purpose for which the building or place is used, include a restaurant or cafe and the sale of any of the following—

(a)  outdoor furniture and furnishings, barbecues, shading and awnings, pools, spas and associated supplies, and items associated with the construction and maintenance of outdoor areas,

(b)  pets and pet supplies,

(c)  fresh produce.

Part 3 Provisions relating to development within Huntingwood West Precinct

4 Application of Part

This Part applies with respect to development within the Huntingwood West Precinct and so applies whether or not the development is a transitional Part 3A project.

5 Land use zones

(1)  Land within the Huntingwood West Precinct is within Zone IN1 General Industrial.

(2)  The consent authority must take into consideration each of the objectives for development in Zone IN1 General Industrial when determining a development application in respect of land within that zone.

6 Zone IN1 General Industrial

(1)  The objectives of Zone IN1 General Industrial are as follows—

(a)  to facilitate development for a wide range of employment-generating industrial, manufacturing, warehousing, storage or research purposes, including ancillary office space,

(b)  to ensure development enhances the amenity of the Huntingwood West Precinct by including high quality landscaping, adequate building setbacks, high quality external finishes and the like,

(c)  to encourage employment opportunities,

(d)  to minimise any adverse effect of industry on other land uses.

(2)  Development for the purpose of environmental protection works is permitted without development consent on land within Zone IN1 General Industrial.

(3)  Development for any of the following purposes is permitted only with development consent on land within Zone IN1 General Industrial—

automotive and motor sport industry related uses; depots; freight transport facilities; garden centres; hardware and building supplies; light industries; neighbourhood shops; places of public worship; roads; transport depots; truck depots; warehouse or distribution centres.

(4)  Except as otherwise provided by Chapter 2, development is prohibited on land within Zone IN1 General Industrial unless it is permitted by subsection (2) or (3).

7 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.

8 Centre-based child care facilities

(1)  Despite any other provision of Chapter 2, a person may, with development consent, carry out development for the purposes of a centre-based child care facility on land within the Huntingwood West Precinct.

(2)  The consent authority may grant development consent as referred to in subsection (1) only if it is satisfied that the centre-based child care facility is intended to provide services to people working in the area in which the centre-based child care facility is located.

9 Additional permitted uses

Despite any other provision of Chapter 2, a person may, with development consent, carry out development for the following purposes on the following land—

(a)  a tyre repair station on Lot 100, DP 1030393,

(b)  a service station on Lot 101, DP 1030393.

10 Subdivision—consent requirements

(1)  Land within the Huntingwood West Precinct may be subdivided, but only with development consent.

Note—

State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies certain subdivision development as exempt development.

10A 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.

10B 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).

11 Design

The consent authority must not grant consent to development on land within the Huntingwood West Precinct unless it is satisfied that—

(a)  the development is of a high quality design, and

(b)  a variety of materials and external finishes for the external facades are incorporated, and

(c)  high quality landscaping is provided, and

(d)  the scale and character of the development is compatible with other employment-generating development in the Huntingwood West Precinct.

12 Height of buildings

The consent authority must not grant consent to development on land within the Huntingwood West Precinct unless it is satisfied that building heights will not adversely impact on the amenity of adjacent residential areas, taking site topography into consideration.

13 Public utility infrastructure

(1)  The consent authority must not grant consent to development on land within the Huntingwood West Precinct unless it is satisfied that any public utility infrastructure that is essential for the proposed development is available or that adequate arrangements have been made to make that infrastructure available when required.

(2)  In this section, public utility infrastructure includes infrastructure for any of the following—

(a)  the supply of water,

(b)  the supply of electricity,

(c)  the supply of natural gas,

(d)  the disposal and management of sewage.

(3)  This section does not apply to development for the purpose of providing, extending, augmenting, maintaining or repairing any public utility infrastructure referred to in this section.

Part 4 Miscellaneous

14 Relationship with other environmental planning instruments

(1)  Chapter 2 and all other State environmental planning policies apply, according to their terms, to land within the Huntingwood West Precinct.

(2)  Blacktown Local Environmental Plan 1988 does not apply to land within the Huntingwood West Precinct.

15 Consent authority

The consent authority for development on land within the Huntingwood West Precinct, other than development that is a transitional Part 3A project, is Blacktown City Council.

16 Exempt and complying development

Development within the Huntingwood West Precinct that satisfies the requirements for exempt development or complying development contained in Blacktown Local Environmental Plan 1988 is exempt development or complying development, as appropriate.

17 Suspension of covenants, agreements and instruments

(1)  For the purpose of enabling development on land within any zone to be carried out in accordance with Chapter 2 or with a consent granted under the Act, any agreement, covenant or similar instrument that restricts the carrying out of that development does not apply to the extent necessary to serve that purpose.

(2)  Nothing in 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).

17A 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.

sch 2: Am 2024 (63), Sch 1[12]–[14].

Appendix 3 State significant precinct—Greystanes Southern Employment Lands site

section 2.7

Appendix 3, hdg: Subst 2022 (835), Sch 1[26].

sch 3, hdg: Am 2024 (63), Sch 1[15].

Part 1 Preliminary

1 Land to which Appendix applies

This Appendix applies to the land identified on the Land Application Map, being the Greystanes Southern Employment Lands site (referred to in this Schedule as the Greystanes SEL site).

2 Interpretation

(1)  In this Appendix—

Additional Permitted Uses Map means the State Environmental Planning Policy (Major Projects) 2005 (Amendment No 22)—Greystanes Southern Employment Lands Site—Additional Permitted Uses Map.

associated office premises means premises associated with development on land within Zone IN2 Light Industrial for another purpose permitted by section 8(2) or (3).

consent authority means the relevant council.

garden centre means a building or place the principal purpose of which is the retail sale of plants and landscaping and gardening supplies and equipment. It may, if ancillary to the principal purpose for which the building or place is used, include a restaurant or cafe and the sale of any of the following—

(a)  outdoor furniture and furnishings, barbecues, shading and awnings, pools, spas and associated supplies, and items associated with the construction and maintenance of outdoor areas,

(b)  pets and pet supplies,

(c)  fresh produce.

Land Application Map means the State Environmental Planning Policy (Major Projects) 2005 (Amendment No 22)—Greystanes Southern Employment Lands Site—Land Application Map.

Land Zoning Map means the State Environmental Planning Policy (Major Projects) 2005 (Amendment No 22)—Greystanes Southern Employment Lands Site—Land Zoning Map.

relevant council, in relation to land, means the Council of the local government area in which the land is situated.

(2)  A word or expression used in this 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 Relationship with other environmental planning instruments

The only environmental planning instruments that apply, according to their terms, to land within the Greystanes SEL site are Chapter 2 and all other State environmental planning policies.

Part 2 Provisions relating to development within Greystanes SEL site

5 Application of Part

(1)  This Part applies to development on land in the Greystanes SEL site, except as provided by subsection (2).

(2)  Sections 7, 8, 9, 11 and 20–26 do not apply to development within the Greystanes SEL site to the extent that it is a transitional Part 3A project.

6 Land use zones

For the purposes of this Part, land within the Greystanes SEL site is in a zone as follows if the land is shown on the Land Zoning Map as being within that zone—

(a)  Zone B7 Business Park,

(b)  Zone IN2 Light Industrial.

7 Objectives of land use zones to be taken into account

The consent authority must have regard to the objectives for development in a zone when determining a development application in respect of land within the zone.

8 Zone B7 Business Park

(1)  The objectives of Zone B7 Business Park are as follows—

(a)  to provide a range of office and research and development uses,

(b)  to encourage employment opportunities,

(c)  to enable other land uses that provide facilities or services to meet the day to day needs of workers in the area,

(d)  to service the site by providing for a variety of commercial and retail facilities.

(2)  Development for the purpose of environmental protection works is permitted without development consent on land within Zone B7 Business Park.

(3)  Development for any of the following purposes is permitted only with development consent on land within Zone B7 Business Park—

business premises; car parks; centre-based child care facilities; community facilities; food and drink premises; function centres; light industries; neighbourhood shops; office premises; passenger transport facilities; pubs; recreation facilities (indoor); restaurants; retail premises; roads; service stations; supermarkets, transport depots; truck depots; vehicle repair stations; warehouses or distribution centres.

(4)  Except as otherwise provided by this Part, development is prohibited on land within Zone B7 Business Park unless it is permitted by subsection (2) or (3).

9 Zone IN2 Light Industrial

(1)  The objectives of Zone IN2 Light Industrial are as follows—

(a)  to provide a wide range of light industrial, warehouse and related land uses,

(b)  to encourage employment opportunities,

(c)  to minimise any adverse effect of industry on other land uses,

(d)  to enable other land uses that provide facilities or services to meet the day to day needs of workers in the area,

(e)  to facilitate employment-generating development for a wide range of purposes, including light industry, technology-based industry, manufacturing, warehousing, storage and research.

(2)  Development for the purpose of environmental protection works is permitted without development consent on land within Zone IN2 Light Industrial.

(3)  Development for any of the following purposes is permitted only with development consent on land within Zone IN2 Light Industrial—

associated office premises; centre-based child care facilities; depots; freight transport facilities; garden centres; hardware and building supplies; hotel accommodation (on land shown on the Additional Permitted Uses Map); light industries; materials recycling or recovery centres; neighbourhood shops; roads; passenger transport facilities; places of public worship; take away food and drink premises; timber and building supplies; vehicle repair stations; warehouses or distribution centres.

(4)  Except as otherwise provided by this Part, development is prohibited on land within Zone IN2 Light Industrial unless it is permitted by subsection (2) or (3).

10 Prohibited development

Development, other than development that is permitted with or without consent on land within a zone, is prohibited on land within that zone.

11 Subdivision

(1)  Land within the Greystanes SEL site may be subdivided, but only with development consent.

Note—

State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies certain subdivision development as exempt development.

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 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 any land—

(a)  within Zone B7 Business Park must not exceed 25 metres, and

(b)  within Zone IN2 Light Industrial must not exceed 15 metres,

measured from ground level (finished).

14 Gross floor area

(1)  The total gross floor area of all buildings on land within Zone B7 Business Park must not exceed 104,000 square metres, and within that amount—

(a)  the total gross floor areas of all buildings, other than those buildings included in paragraph (b), must not exceed 97,500 square metres, and

(b)  the total gross floor area of all retail premises, service stations and vehicle repair stations must not exceed 6,500 square metres, and within that amount the gross floor area of all pubs must not exceed 2,500 square metres and the gross floor area of all supermarkets must not exceed 2,000 square metres, and

(c)  any building containing office premises must have a minimum gross floor area of 3,000 square metres.

(2)  The following gross floor area requirements apply to buildings on land within Zone IN2 Light Industrial—

(a)  if the boundary of that land at every point is less than 400 metres from a bus stop, no more than 50% of the gross floor area of the buildings on that land may be used for the purpose of associated office premises,

(b)  if the boundary of that land at every point is 400 metres or more from a bus stop, no more than 30% of the gross floor area of the buildings on that land may be used for the purpose of associated office premises.

15 Floor space ratio

The floor space ratio for any building on land within Zone IN2 Light Industrial must not exceed 0.75:1.

16 Hotel accommodation

Despite any other provision of this Part, the following requirements apply to development for the purpose of hotel accommodation on land to which this Part applies—

(a)  the gross floor area must not exceed 5,000 square metres,

(b)  the height must not exceed 25 metres measured from ground level (finished),

(c)  the floor space ratio must not exceed 1:1.

17 Centre-based child care facilities

The following requirements apply to development for the purposes of a child care centre on land to which this Part applies—

(a)  the development must be intended to primarily provide services to people working in the area in which the child care centre is located,

(b)  the development must provide no more than 40 child care places,

(c)  the development must have an internal play area of at least 130 square metres and an external play area of at least 280 square metres.

18 Car parking in new or existing buildings

(1)  Development for the purpose of erecting a new building, or altering an existing building that increases the gross floor area of the building, being a building that is to be used for a purpose set out in Column 1 of the Table to this section, must make provision for the car parking set out opposite that purpose in Column 2 of the Table.

(2)  For the purposes of this section, the following are to be included as part of a building’s gross floor area—

(a)  any area of the building that is used for car parking and is at or above existing ground level,

(b)  any area of the building that is used for car parking below existing ground level, except where the car parking is provided as required by this section.

(3)  Council owned public car parking is not to be included as part of a building’s gross floor area.

Table

Column 1	Column 2
Proposed use of building	Number of parking spaces required
Light industry	1 parking space to be provided for every 77 square metres of gross floor area
Office premises	1 parking space to be provided for every 40 square metres of gross floor area
Retail	1 parking space to be provided for every 20 square metres of gross floor area
Warehouses or distribution centres	1 parking space to be provided for every 300 square metres of gross floor area

19 Exceptions to development standards—transitional Part 3A projects

(1)  A development standard imposed by this or any other environmental planning instrument on development that is part of a transitional Part 3A project, and is within the Greystanes SEL site, does not apply to that development if the Secretary is satisfied, and issues a certificate to the effect, that—

(a)  compliance with the development standard is unreasonable or unnecessary in the circumstances of the case, and

(b)  there are sufficient environmental planning grounds to justify exempting the development from that development standard.

(2)  In deciding whether to issue a certificate, the Secretary must consider—

(a)  whether contravention of the development standard raises any matter of significance for State or regional environmental planning, and

(b)  the public benefit of maintaining the development standard, and

(c)  any other matters required to be taken into consideration by the Secretary.

20 Exceptions to development standards—other development

(1)  This 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)  Development consent must not be granted to development that contravenes a development standard unless the consent authority is satisfied the applicant for development consent has demonstrated that—

(a)  compliance with the development standard is unreasonable or unnecessary in the circumstances, and

(b)  there are sufficient environmental planning grounds to justify the contravention of the development standard.

Note—

The Environmental Planning and Assessment Regulation 2021 requires the development application to be accompanied by a document setting out the grounds on which the applicant seeks to demonstrate the matters in paragraphs (a) and (b).

(5)  The consent authority must keep a record of its assessment carried out under subsection (4).

(6), (7)    (Repealed)

(8)  This section does not allow consent to be granted for development that would contravene a development standard for complying development.

21 Design excellence

(1)  Consent must not be granted to development involving the erection of a new building or external alterations to an existing building unless the consent authority has considered whether the proposed building exhibits design excellence.

(2)  In considering whether the proposed building exhibits design excellence, the consent authority must have regard to the following matters—

(a)  whether a high standard of architectural design, materials and detailing appropriate to the building type and location will be achieved,

(b)  whether the form and external appearance of the building will improve the quality and amenity of the public domain,

(c)  whether the building will meet sustainable design principles in terms of sunlight, natural ventilation, wind, reflectivity, visual and acoustic privacy, safety and security and resource, energy and water efficiency, and in accordance with any development control plan applying to the site area for the building.

22 Architectural roof features

(1)  The objectives of this section are—

(a)  to ensure that architectural roof features to which this section applies are decorative elements only, and

(b)  to ensure that the majority of the roof features are contained within the prescribed building height.

(2)  Development that includes an architectural roof feature that exceeds, or causes a building to exceed, the height limits set by section 13 may be carried out, but only with consent.

(3)  Development consent must not be granted to any such development unless the consent authority is satisfied that—

(a)  the architectural roof feature—

(i)  comprises a decorative element on the uppermost portion of a building, and

(ii)  is not an advertising structure, and

(iii)  does not include floor space area and is not reasonably capable of modification to include floor space area, and

(iv)  will cause minimal overshadowing, and

(b)  any building identification signage or equipment for servicing the building (such as plant, lift motor rooms, fire stairs and the like) contained in or supported by the roof feature is fully integrated into the design of the roof feature.

22A 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.

23 Public utility infrastructure

(1)  Consent must not be granted to development on land within the Greystanes SEL site unless the consent authority is satisfied that any public utility infrastructure that is essential for the proposed development is available or that adequate arrangements have been made to make that infrastructure available when required.

(2)  In this section, public utility infrastructure includes infrastructure for any of the following—

(a)  the supply of water,

(b)  the supply of electricity,

(c)  the supply of natural gas,

(d)  the disposal and management of sewage.

(3)  This section does not apply to development for the purpose of providing, extending, augmenting, maintaining or repairing any public utility infrastructure referred to in this section.

27 Suspension of covenants, agreements and instruments

(1)  For the purpose of enabling development on land within the Greystanes SEL site to be carried out in accordance with 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)  This section does not apply—

(a)  to a covenant imposed by a relevant Council or that a relevant Council requires to be imposed, or

(b)  to any 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.

(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, before the making of this section, the Governor approved of subsections (1)–(3).

Appendix 3: Am 2023 (524), Sch 1.2[2].

Appendix 4 State significant precinct—Sydney Olympic Park site

section 2.7

Appendix 4, hdg: Subst 2022 (835), Sch 1[27]. Am 2023 (698), Sch 2.2[1] [2].

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 Sydney Olympic Park site.

Note—

The Sydney Olympic Park site includes additional land to the land that is described as being within the Sydney Olympic Park for the purposes of the Sydney Olympic Park Authority Act 2001.

2 Interpretation

(1)  In this Appendix—

Authority means the Sydney Olympic Park Authority.

building height (or height of building) means the vertical distance, measured in metres, between ground level (existing) at any point to the highest point of the highest habitable floor (including above ground car parking) of the building, excluding plant and lift overruns, communication devices, antennae, satellite dishes, masts, flagpoles, chimneys, flues and the like.

Environmental Conservation Areas Map means the State Environmental Planning Policy (Precincts—Central River City) 2021 Sydney Olympic Park Environmental Conservation Areas Map.

Floor Space Ratio Map means the State Environmental Planning Policy (Precincts—Central River City) 2021 Sydney Olympic Park Floor Space Ratio Map.

Height of Buildings Map means the State Environmental Planning Policy (Precincts—Central River City) 2021 Sydney Olympic Park Height of Buildings Map.

heritage conservation area means one of the following areas of land, as shown on the Heritage Map as a heritage conservation area—

(a)  State Abattoirs,

(b)  Newington Armory.

heritage item means—

(a)  the Olympic Cauldron at Sydney Olympic Park, being a heritage item of State significance listed in the State Heritage Register, and

(b)  a building, work, archaeological site, tree, place or Aboriginal object situated within a heritage conservation area and specified in one of the following documents—

(i)  Abattoir Heritage Precinct Sydney Olympic Park: Conservation Management Plan, dated September 2013, prepared by the Government Architect’s Office, NSW Public Works, Department of Finance and Services, a copy of which is held in the head office of the Authority,

(ii)  Newington Armament Depot and Nature Reserve Sydney Olympic Park: Conservation Management Plan, dated September 2013, prepared by Tanner Architects, a copy of which is held in the head office of the Authority.

Heritage Map means the State Environmental Planning Policy (Precincts—Central River City) 2021 Sydney Olympic Park Heritage Map.

high technology industry means the manufacturing, production, assembling, processing, or research and development, of any of the following—

(a)  electronic and microelectronic systems, goods or components,

(b)  information technology, computer software or hardware,

(c)  instrumentation or instruments,

(d)  biological, pharmaceutical, medical or paramedical systems, goods or components.

Land Application Map means the State Environmental Planning Policy (Precincts—Central River City) 2021 Sydney Olympic Park Land Application Map.

Land Zoning Map means the State Environmental Planning Policy (Precincts—Central River City) 2021 Sydney Olympic Park Land Zoning Map.

major event means a business-oriented occasion or a cultural, social or sporting related occasion (such as an exhibition, a festival, a show or other like happening) occurring on one or more days and—

(a)  designed for more than 10,000 patrons or participants per day at a single major event venue, or

(b)  designed for more than 20,000 patrons or participants per day at two or more major event venues, or

(c)  involving a total floor area of temporary tents or marquees of more than 1,000 square metres each day, or

(d)  involving a temporary floor area of a temporary stage or platform of more than 3,000 square metres each day,

but does not include the use of a major event venue that is consistent with any existing development consent applying to the major event venue.

major event infrastructure means traffic and transport infrastructure that supports the access of patrons and participants to and from major events, including the following—

(a)  bus terminals, busways, coachparks or public carparks within the Sydney Olympic Park site,

(b)  the M4 Exit Ramp,

(c)  the major event cross roads, being the Boulevard and Dawn Fraser Avenue,

(d)  the major event loop road, being Edwin Flack Avenue, Sarah Durack Avenue, Kevin Combs Avenue and Australia Avenue,

(e)  the Place Management Centre.

major event venue means a facility or public space designed to be used for, or to support, a major event, including the following—

(a)  the Athletics Centre,

(b)  the Aquatic Centre,

(c)  Bicentennial Park,

(d)  Blaxland Riverside Park,

(e)  the Carnival Site,

(f)  Cathy Freeman Park,

(g)  the Exhibition Halls and Showgrounds,

(h)  the Greater Western Sydney Training Centres and Tom Wills Oval,

(i)  the Hockey Centre,

(j)  the Netball Central,

(k)  Newington Armory,

(l)  Olympic Boulevard,

(m)  the Sports Centre,

(n)  the Sports Halls,

(o)  the Stadium,

(p)  the Superdome,

(q)  the Tennis Centre.

master plan means a master plan under section 18 of the Sydney Olympic Park Authority Act 2001 that has been prepared by the Authority and publicly exhibited in accordance with section 27 and approved by the Minister, a copy of which is held in the head office of the Department.

minor event means a business-oriented occasion or a cultural, social or sporting-related occasion (such as an exhibition, a festival, a show or other like happening) occurring on one or more days, at any place or venue (including a major event venue), but does not include an occasion that is a major event.

Parklands Plan of Management means the Parklands Plan of Management 2010, prepared by the Authority and adopted by the Minister for Western Sydney on 8 November 2010, a copy of which is held in the head office of the Authority.

place of Aboriginal heritage significance means an area of land shown on the Heritage Map as a place of Aboriginal heritage significance.

Reduced Level Map means the State Environmental Planning Policy (Precincts—Central River City) 2021 Sydney Olympic Park Reduced Level Map.

(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.

4 Relationship with other environmental planning instruments

The only environmental planning instruments that apply, according to their terms, to land within the Sydney Olympic Park site are Chapter 2 and all other State environmental planning policies.

Part 2 Provisions relating to development within Sydney Olympic Park site

6 Application of Part

(1)  This Part applies to development on land within the Sydney Olympic Park site, except as provided by subsection (2).

(2)  Sections 7–14, 16, 20A and 22–35 do not apply to development to the extent that it is a transitional Part 3A project.

7 Land use zones

(1)  For the purposes of this Appendix, land within the Sydney Olympic Park site is in a zone as follows if the land is shown on the Land Zoning Map as being within that zone—

(a)  Zone B1 Neighbourhood Centre,

(b)  Zone B4 Mixed Use,

(c)  Zone SP2 Infrastructure,

(d)  Zone RE1 Public Recreation,

(e)  Zone E1 National Parks and Nature Reserves,

(f)  Zone E2 Environmental Conservation,

(g)  Zone E3 Environmental Management.

(2)  The consent authority must have regard to the objectives for development in a zone when determining a development application in respect of land within the zone.

8 Zone B1 Neighbourhood Centre

(1)  The objective of Zone B1 Neighbourhood Centre is to provide a range of small-scale retail, business and community uses that serve the needs of people who live or work in the surrounding neighbourhood.

(2)  Development for any of the following purposes is permitted without development consent on land within Zone B1 Neighbourhood Centre—

nil.

(3)  Development for any of the following purposes is permitted only with development consent on land within Zone B1 Neighbourhood Centre—

business premises; centre-based child care facilities; community facilities; neighbourhood shops; residential accommodation (but only as part of a mixed use development); roads; shop top housing.

(4)  Except as otherwise provided by this Appendix, development is prohibited on land within Zone B1 Neighbourhood Centre 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 protect and promote the major events capability of the Sydney Olympic Park site and to ensure that it becomes a premium destination for major events,

(b)  to integrate suitable business, office, residential, retail and other development in accessible locations so as to maximise public transport patronage and encourage walking and cycling,

(c)  to ensure that the Sydney Olympic Park site becomes an active and vibrant town centre within metropolitan Sydney,

(d)  to provide for a mixture of compatible land uses,

(e)  to encourage diverse employment opportunities,

(f)  to promote ecologically sustainable development and minimise any adverse effect of land uses on the environment,

(g)  to encourage the provision and maintenance of affordable housing.

(2)  Development for any of the following purposes is permitted without consent on land within Zone B4 Mixed Use—

environmental protection works; recreation areas.

(3)  Except as otherwise provided by this Appendix, development for any of the following purposes is permitted with consent on land within Zone B4 Mixed Use—

roads; any other development not specified in subsection (2) or (4).

(4)  Development for any of the following purposes is prohibited on land within Zone B4 Mixed Use—

bulky goods premises; caravan parks; industries; moveable dwellings; resource recovery facilities; restricted premises; rural industries; sex services premises; truck depots; warehouse or distribution centres.

10 Zone SP2 Infrastructure

(1)  The objectives of Zone SP2 Infrastructure are as follows—

(a)  to provide for infrastructure and related uses,

(b)  to prevent development that is not compatible with or that may detract from the provision of infrastructure.

(2)  Development for any of the following purposes is permitted without consent on land within Zone SP2 Infrastructure—

nil.

(3)  Development for any of the following purposes is permitted only with consent on land within Zone SP2 Infrastructure—

environmental facilities; environmental protection works; roads; signage.

(4)  Except as otherwise provided by this Appendix, development is prohibited on land within Zone SP2 Infrastructure unless it is permitted by subsection (2) or (3).

11 Zone RE1 Public Recreation

(1)  The objectives of Zone RE1 Public Recreation are as follows—

(a)  to enable land to be used for public open space or recreational purposes,

(b)  to provide for a range of recreational settings and activities and compatible land uses,

(c)  to protect and enhance the natural environment for recreational purposes,

(d)  to support the Sydney Olympic Park site as a premium destination for major events.

(2)  Development for any of the following purposes is permitted without consent on land within Zone RE1 Public Recreation—

environmental protection works; minor events; roads.

(3)  Development for any of the following purposes is permitted only with consent on land within Zone RE1 Public Recreation—

boat sheds; car parks; caravan parks; community facilities; depots; entertainment facilities; environmental facilities; filming; food and drink premises; heliports; information and education facilities; kiosks (but only if the gross floor area is 30m² or less); major events; markets; recreation areas; recreation facilities (indoor); recreation facilities (outdoor); research stations; signage; water recreation structures.

(4)  Except as otherwise provided by this Appendix, development for any of the following purposes is prohibited on land within Zone RE1 Public Recreation—

pubs; any other development not specified in subsection (2) or (3).

12 Zone E1 National Parks and Nature Reserves

(1)  The objectives of Zone E1 National Parks and Nature Reserves are as follows—

(a)  to enable the management and appropriate use of land that is reserved under the National Parks and Wildlife Act 1974 or that is acquired under Part 11 of that Act,

(b)  to enable uses authorised under the National Parks and Wildlife Act 1974,

(c)  to identify land that is to be reserved under the National Parks and Wildlife Act 1974 and to protect the environmental significance of that land.

(2)  Development for any of the following purposes is permitted without consent on land within Zone E1 National Parks and Nature Reserves—

uses authorised under the National Parks and Wildlife Act 1974.

(3)  Development for any of the following purposes is permitted only with consent on land within Zone E1 National Parks and Nature Reserves—

nil.

(4)  Except as otherwise provided by this Appendix, development is prohibited on land within Zone E1 National Parks and Nature Reserves unless it is permitted by subsection (2) or (3).

13 Zone E2 Environmental Conservation

(1)  The objectives of Zone E2 Environmental Conservation are as follows—

(a)  to protect, manage and restore areas of high ecological, scientific, cultural or aesthetic values,

(b)  to prevent development that could destroy, damage or otherwise have an adverse effect on those values.

(2)  Development for any of the following purposes is permitted without development consent on land within Zone E2 Environmental Conservation—

nil.

(3)  Development for any of the following purposes is permitted only with development consent on land within Zone E2 Environmental Conservation—

environmental facilities; environmental protection works; filming.

(4)  Except as otherwise provided by this 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).

14 Zone E3 Environmental Management

(1)  The objectives of Zone E3 Environmental Management are as follows—

(a)  to protect, manage and restore areas of special ecological, scientific, cultural or aesthetic values,

(b)  to provide for a limited range of development that does not have an adverse effect on those values,

(c)  to assist in giving effect to the Parklands Plan of Management,

(d)  to support the capability of the Sydney Olympic Park site as a premium destination for major events.

(2)  Development for any of the following purposes is permitted without consent on land within Zone E3 Environmental Management—

environmental protection works; home occupations; minor events.

(3)  Development for any of the following purposes is permitted only with consent on land within Zone E3 Environmental Management—

community facilities; depots; dwelling houses; educational establishments; environmental facilities; filming; kiosks; recreation areas; recreation facilities (outdoor); research stations; roads; signage; water recreation structures.

(4)  Development for any of the following purposes is prohibited on land within Zone E3 Environmental Management—

industries; multi dwelling housing; residential flat buildings; retail premises; seniors housing; service stations; warehouse or distribution centres; any other development not specified in subsection (2) or (3).

15 Prohibited development

Development, other than development that is permitted with or without consent on land within a zone, is prohibited on land within that zone.

16 Subdivision—consent requirements

(1)  Land within the Sydney Olympic Park site may be subdivided, but only with consent.

Note—

State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies certain subdivision development as exempt development.

16A Demolition requires consent

The demolition of a building or work may be carried out only with consent.

Note—

If the demolition of a building or work is identified in an applicable environmental planning instrument, such as this Appendix or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, as exempt development, the Act enables it to be carried out without consent.

16B 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).

17 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.

18 Height of buildings

The height of a building on any land within the Sydney Olympic Park site is not to exceed the maximum height shown for the land on the Height of Buildings Map or the Reduced Level Map, whichever is applicable.

19 Floor space ratio

The maximum floor space ratio for a building on any land within the Sydney Olympic Park site is not to exceed the floor space ratio shown for the land on the Floor Space Ratio Map.

20 Calculation of floor space ratio and site area

(1) Objectives The objectives of this 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.

(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)–(6) apply to the calculation of site area for the purposes of applying a floor space ratio to proposed development.

(4) Strata subdivisions The area of a lot that is wholly or partly on top of another or others in a strata subdivision is to be included in the calculation of the site area only to the extent that it does not overlap with another lot already included in the site area calculation.

(5) Only significant development to be included The site area for proposed development must not include a lot additional to a lot or lots on which the development is being carried out unless the proposed development includes significant development on that additional lot.

(6) Existing buildings The gross floor area of any existing or proposed buildings within the vertical projection (above or below ground) of the boundaries of a site is to be included in the calculation of the total floor space for the purposes of applying a floor space ratio, whether or not the proposed development relates to all of the buildings.

(7) Covenants to prevent “double dipping” When consent is granted to development on a site comprised of 2 or more lots, a condition of the consent may require a covenant to be registered in favour of a prescribed authority within the meaning of section 88E of the Conveyancing Act 1919 that prevents the creation of floor area on a lot (the restricted lot) if the consent authority is satisfied that an equivalent quantity of floor area will be created on another lot only because the site included the restricted lot.

(8) Covenants affect consolidated sites If—

(a)  a covenant of the kind referred to in subsection (7) applies to any land (affected land), and

(b)  the 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 Appendix is reduced by the quantity of floor space area the covenant prevents being created on the affected land.

21 Exceptions to development standards—transitional Part 3A projects

(1)  A development standard imposed by this or any other environmental planning instrument on development that is part of a transitional Part 3A project, and is within the Sydney Olympic Park site, does not apply to that development if the Secretary is satisfied, and issues a certificate to the effect, that—

(a)  compliance with the development standard is unreasonable or unnecessary in the circumstances of the case, and

(b)  there are sufficient environmental planning grounds to justify exempting the development from that development standard.

(2)  In deciding whether to issue a certificate, the Secretary must consider—

(a)  whether contravention of the development standard raises any matter of significance for State or regional environmental planning, and

(b)  the public benefit of maintaining the development standard, and

(c)  any other matters required to be taken into consideration by the Secretary.

22 Exceptions to development standards—other development

(1)  This section applies to development on land within the Sydney Olympic Part site, other than development that is part of a transitional Part 3A project.

(2)  The objectives of this 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 to development that contravenes a development standard unless the consent authority is satisfied the applicant for development consent has demonstrated that—

(a)  compliance with the development standard is unreasonable or unnecessary in the circumstances, and

(b)  there are sufficient environmental planning grounds to justify the contravention of the development standard.

Note—

The Environmental Planning and Assessment Regulation 2021 requires the development application to be accompanied by a document setting out the grounds on which the applicant seeks to demonstrate the matters in paragraphs (a) and (b).

(5)  The consent authority must keep a record of its assessment carried out under subsection (4).

(6), (7)    (Repealed)

(8)  This section does not allow consent to be granted for development that would contravene any of the following—

(a)  a development standard for complying development,

(b)  a development standard that arises, under the regulations under the Act, in connection with a commitment set out in a BASIX certificate for a building to which State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 applies or for the land on which such a building is situated.

23 Public utility infrastructure

(1)  Development consent must not be granted for development on land within the Sydney Olympic Park site unless the consent authority is satisfied that any public utility infrastructure that is essential for the proposed development is available or that adequate arrangements have been made to make that infrastructure available when required.

(2)  In this section, public utility infrastructure includes infrastructure for any of the following—

(a)  the supply of water,

(b)  the supply of electricity,

(c)  the supply of natural gas,

(d)  the disposal and management of sewage.

(3)  This section does not apply to development for the purpose of providing, extending, augmenting, maintaining or repairing any public utility infrastructure.

24 Major events capability

(1)  The objective of this section is to protect and promote the major events capability of the Sydney Olympic Park site and to ensure that it remains a premium destination for major events.

(2)  Consent must not be granted to development on land within the Sydney Olympic Park site, if the consent authority is satisfied that during major events held within the Sydney Olympic Park site—

(a)  traffic generated by the development is likely to cause the local road network and connections to the regional road network to become saturated or otherwise fail, and

(b)  the development is likely to prevent the effective management of crowd movement and transport services, and

(c)  the development is likely to compromise the effective functioning of major event infrastructure, and

(d)  the development conflicts with the emergency management plans of government agencies or the emergency evacuation plans of major event venues.

25 Transport

Development consent must not be granted for development on land within the Sydney Olympic Park site unless the consent authority is satisfied that the development includes measures to promote public transport use, cycling and walking.

26 Master plan

(1)  Development consent must not be granted for development on land within the Sydney Olympic Park site to which a master plan applies unless the consent authority has considered that master plan, except as provided by subsections (2) and (3).

(2)  Consideration of a master plan is not required if the consent authority is satisfied that—

(a)  the development involves a temporary use of the land, and

(b)  the development is of a minor nature.

(3)  Development consent must not be granted for development on land within 400 metres of the Olympic Park Train Station unless the consent authority has considered whether the car parking requirements specified in the master plan should be reduced in respect of that development.

27 Preparation and approval of a master plan

(1)  A master plan must be prepared by the Authority as a draft plan and publicly exhibited in accordance with the relevant community participation plan.

(3)  Submissions made in accordance with the relevant community participation plan must be taken into consideration.

(4)  A master plan that is approved by the Minister may be in the same form or a different form as the draft plan that is publicly exhibited.

(5)  The approval of a master plan by the Minister must be publicly exhibited in accordance with the requirements (if any) of the relevant community participation plan.

(6)  The provisions of this section apply to the amendment of a master plan in the same way as they apply to a master plan.

28 Review of master plan

The Authority is to review a master plan as soon as possible after the period of 5 years from the date the master plan has effect and is to report on the outcome of the review to the Minister.

29 Development within an environmental conservation area

(1)  This section applies to land within the Sydney Olympic Park site that is shown on the Environmental Conservation Areas Map as within an environmental conservation area.

(2)  Despite any other provision of this Appendix, the following development may only be carried out with development consent on land within an environmental conservation area—

(a)  filling, clearing, draining or dredging the land,

(b)  constructing a levee on the land,

(c)  removing or destroying any vegetation on the land.

(3)  Before granting development consent to development on land within an environmental conservation area, the consent authority must consider the likely effect of the proposed development on that environmental conservation area.

(4)  Development consent must not be granted for development on land to which this section applies if, in the opinion of the consent authority, the development would reduce significantly the ecological value of that environmental conservation area.

30 Design excellence

(1)  Development consent must not be granted for development that is the erection of a new building or external alterations to an existing building unless the consent authority—

(a)  has considered whether the proposed development exhibits design excellence, and

(b)  in the case of a building that will attain the maximum height shown for that land on the Height of Buildings Map or the Reduced Level Map (whichever is the lesser), is satisfied that the development exhibits design excellence.

(2)  In considering whether proposed development exhibits design excellence, the consent authority must have regard to the following matters—

(a)  whether a high standard of architectural design, materials and detailing appropriate to the building type and location will be achieved,

(b)  whether the form and external appearance of the building will improve the quality and amenity of the public domain,

(c)  whether the building meets sustainable design principles in terms of sunlight, natural ventilation, wind, reflectivity, visual and acoustic privacy, safety and security and resource, energy and water efficiency,

(d)  if a competition is held as referred to in subsection (3) in relation to the development, the results of the competition.

(3)  Development consent must not be granted to the following development unless a competitive design process has been held in relation to the proposed development—

(a)  the erection of a new building with a building height greater than 42 metres above ground level (existing),

(b)  the erection of a new building identified as requiring a competitive design process in a master plan.

(3A)  Despite section 19, the consent authority may grant development consent for development that is the erection of a new building or external alterations to an existing building with a floor space that exceeds the maximum floor space permitted by that section by an additional amount, to be determined by the consent authority, of up to 10%, if—

(a)  the building is to be erected on land marked as “Design competition sites” in Figure 4.6 (Design Competition Sites Plan) of the Sydney Olympic Park Master Plan 2030 (2018 Review), a copy of which is held in the head office of the Authority, and

(b)  the design of the building (or the design of an external alteration to the building) is the winner of a competitive design process and the consent authority is satisfied that the building or alteration exhibits design excellence.

(4)  In this section—

competitive design process means a design competition held in accordance with the Design Competition Guidelines published by the Department in September 2023.

30A 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.

31 Heritage conservation

(1) Requirement for consent Development consent is required for any of the following—

(a)  demolishing or moving a heritage item or a building, work, relic or tree within a heritage conservation area,

(b)  altering a heritage item or a building, work, relic, tree or place within a heritage conservation area, including (in the case of a building) making changes to the detail, fabric, finish or appearance of its exterior,

(c)  altering a heritage item that is a building, by making structural changes to its interior,

(d)  disturbing or excavating an archaeological site while knowing, or having reasonable cause to suspect, that the disturbance or excavation will or is likely to result in a relic being discovered, exposed, moved, damaged or destroyed,

(e)  disturbing or excavating a heritage conservation area that is a place of Aboriginal heritage significance,

(f)  erecting a building on land on which a heritage item is located or that is within a heritage conservation area,

(g)  subdividing land on which a heritage item is located or that is within a heritage conservation area.

(2) When consent not required However, consent under this 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, archaeological site, or a building, work, relic, tree or place within a heritage conservation area, and

(ii)  would not adversely affect the significance of the heritage item, archaeological site or heritage conservation area, or

(b)  the development is limited to the removal of a tree or other vegetation that the consent authority is satisfied is a risk to human life or property, or

(c)  the development is exempt development.

(3) Effect on heritage significance The consent authority must, before granting consent under this section, consider the effect of the proposed development on the heritage significance of the heritage item or heritage conservation area concerned. This subsection applies regardless of whether a heritage impact statement is prepared under subsection (4) or a heritage conservation management plan is submitted under subsection (5).

(4) Heritage impact assessment The consent authority may, before granting consent to any development on land—

(a)  on which a heritage item is situated, or

(b)  within a heritage conservation area, 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 or heritage conservation area concerned.

(5) 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.

33 Additional permitted uses—Newington Armory site

(1)  The objective of this section is to enable the Newington Armory to be adaptively reused for certain purposes, while conserving its heritage and cultural values and features.

(2)  This section applies to the Newington Armory site within the Sydney Olympic Park site as shown hatched in blue on the Land Zoning Map.

(3)  Despite any other provision of this Appendix, a person may, with development consent, carry out development for the following purposes on land to which this section applies—

(a)  centre-based child care facilities,

(b)  eco-tourist facilities,

(c)  function centres,

(d)  public administration buildings,

(e)  respite day care centres,

(f)  tourist and visitor accommodation.

34 Eco-tourist facilities

(1)  The objectives of this section are as follows—

(a)  to maintain the environmental and cultural values of land on which development for the purposes of eco-tourist facilities is carried out,

(b)  to provide for sensitively designed and managed eco-tourist facilities that have minimal impact on the environment both on and off-site.

(2)  This section applies if development for the purposes of an eco-tourist facility is permitted with development consent under this Appendix.

(3)  The consent authority must not grant consent under this Appendix to carry out development for the purposes of an eco-tourist facility unless the consent authority is satisfied that—

(a)  there is a demonstrated connection between the development and the ecological, environmental and cultural values of the site or area, and

(b)  the development will be located, constructed, managed and maintained so as to minimise any impact on, and to conserve, the natural environment, and

(c)  the development will enhance an appreciation of the environmental and cultural values of the site or area, and

(d)  the development will promote positive environmental outcomes and any impact on watercourses, soil quality, heritage and native flora and fauna will be minimal, and

(e)  the site will be maintained (or regenerated where necessary) to ensure the continued protection of natural resources and enhancement of the natural environment, and

(f)  waste generation during construction and operation will be avoided and that any waste will be appropriately removed, and

(g)  the development will be located to avoid visibility above ridgelines and against escarpments and from watercourses and that any visual intrusion will be minimised through the choice of design, colours, materials and landscaping with local native flora, and

(h)  any infrastructure services to the site will be provided without significant modification to the environment, and

(i)  any power and water to the site will, where possible, be provided through the use of passive heating and cooling, renewable energy sources and water efficient design, and

(j)  the development will not adversely affect the agricultural productivity of adjoining land, and

(k)  the following matters are addressed or provided for in a management strategy for minimising any impact on the natural environment—

(i)  measures to remove any threat of serious or irreversible environmental damage,

(ii)  the maintenance (or regeneration where necessary) of habitats,

(iii)  efficient and minimal energy and water use and waste output,

(iv)  mechanisms for monitoring and reviewing the effect of the development on the natural environment,

(v)  maintaining improvements on an on-going basis in accordance with relevant ISO 14000 standards relating to management and quality control.

35 (Repealed)

Appendix 4: Am 2022 (372), Sch 1[1]–[3]; 2023 (524), Sch 1.2[2]; 2023 (554), Sch 2.33.

sch 4: Subst 2024 (63), Sch 1[16].

Appendix 5 North Kellyville Precinct Plan

section 3.10

Part 1 Preliminary

Note—

The Standard Instrument (Local Environmental Plans) Order 2006 sets out matters to be included in standard local environmental plans. While this Precinct Plan 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 Precinct Plan and the clause numbering from that order has been retained. This means that the numbering in this Precinct Plan may contain some gaps. Additional provisions have been inserted and are numbered accordingly.

1.1 Name of Precinct Plan

This Plan is the North Kellyville Precinct Plan 2008.

1.2 Aims of Precinct Plan

The aims of this Precinct Plan are—

(a)  to make development controls for land in the North Kellyville Precinct within the North West Growth Centre that will ensure the creation of a quality environment and good design outcomes, and

(b)  to protect and enhance the environmentally sensitive areas and natural and cultural heritage of the Precinct, and

(c)  to promote employment, residential and recreational opportunities in the Precinct, and

(d)  to promote housing choice and affordability in the Precinct, and

(e)  to provide for the sustainable development of the Precinct.

1.3 Land to which Precinct Plan applies

This Precinct Plan applies to land within the North Kellyville Precinct.

1.4 Definitions

In this Precinct Plan—

Additional Permitted Uses Map means the State Environmental Planning Policy (Sydney Region Growth Centres) 2006 North West Growth Centre Additional Permitted Uses Map.

Council means the Hills Shire Council.

1.6 Consent authority

The consent authority for the purposes of this Precinct Plan is (subject to the Act) the Council.

1.8 Repeal of other local planning instruments applying to land

(1)  All local environmental plans and deemed environmental planning instruments applying only to the land to which this Precinct Plan applies are repealed.

(2)  All local environmental plans and deemed environmental planning instruments applying to the land to which this Precinct Plan applies and to other land cease to apply to the land to which this Precinct Plan applies.

(2A)  This section does not affect the operation of other provisions of this State Environmental Planning Policy.

1.9 Application of SEPPs

(1)  This Precinct Plan is subject to the provisions of any State environmental planning policy that prevails over this State Environmental Planning Policy as provided by section 3.28 of the Act.

Note—

Section 3.28 of the Act generally provides that SEPPs prevail over LEPs. However, a LEP may (by an additional provision included in the LEP) displace or amend a SEPP to deal specifically with the relationship between this Precinct Plan and the SEPP.

(2)  State Environmental Planning Policy No 1—Development Standards does not apply to the land to which this Precinct Plan applies.

(2A)  Subject to section 74(1) of the Act, in the event of an inconsistency between this Precinct Plan and another environmental planning instrument whether made before or after the commencement of this Precinct Plan, this Precinct Plan prevails to the extent of the inconsistency.

Note—

This State Environmental Planning Policy also contains provisions applying development controls to the North West Growth Centre, including the North Kellyville Precinct.

1.9A 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 Precinct Plan 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).

Part 2 Permitted or prohibited development

2.1 Land use zones

The land use zones under this Precinct Plan are as follows—

Residential Zones

R1 General Residential

R2 Low Density Residential

R3 Medium Density Residential

Business Zones

B1 Neighbourhood Centre

B2 Local Centre

Special Purpose Zones

SP2 Infrastructure

Recreation Zones

RE1 Public Recreation

Environment Protection Zones

E3 Environmental Management

E4 Environmental Living

2.2 Zoning of land to which Precinct Plan applies

For the purposes of this Precinct Plan, land is within the zones shown on the Land Zoning Map.

2.3 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 consent, and

(c)  development that may be carried out only with 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 Precinct Plan) a reference to a type of building or other thing referred to separately in the Table in relation to the same zone.

(4)  This section is subject to the other provisions of this Part.

Notes—

1 Schedule 1 sets out additional permitted uses for particular land.

2 Section 2.6 requires consent for subdivision of land.

3 Part 5 contains other provisions that require consent for particular development.

2.3A Demolition

The demolition of a building or work may be carried out only with consent.

Note—

The demolition of certain buildings and works is identified in the North Kellyville Precinct Development Control Plan published by the Department in November 2008 as exempt or complying development.

2.4 Unzoned land

(1)  Development may be carried out on unzoned land only with consent.

(2)  Before granting 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.

2.5 Additional permitted uses for particular land

(1)  Development on particular land that is described or referred to in Schedule 1 may be carried out—

(a)  with consent, or

(b)  if the Schedule so provides—without 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 at the end of this Part or other provision of this Precinct Plan.

2.6 Subdivision—consent requirements

(1)  Land to which this Precinct Plan applies 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.

Part 3 Exempt development

3.1 Exempt development

(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 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.

Note—

See State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017 and Part 5A of the Local Land Services Act 2013.

(6)  A heading to an item in Schedule 2 is part of that Schedule.

Land Use Table

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 encourage medium density housing in locations of high amenity adjoining open space and accessible transport corridors.

•  To support the well being of the community, including educational, recreational, community, religious and other activities and, where appropriate, neighbourhood shops if there will be no adverse effect on the amenity of proposed or existing nearby residential development.

•  To allow for low intensity tourist and visitor accommodation that does not interfere with residential amenity.

•  To provide for a variety of recreational uses within open space areas.

2 Permitted without consent

Home occupations

3 Permitted with consent

Attached dwellings; Bed and breakfast accommodation; Boarding houses; Centre-based child care facilities; Community facilities; Dual occupancies; Dwelling houses; Educational establishments; Group homes; Home businesses; Hostels; Multi dwelling housing; Neighbourhood shops; Places of public worship; Residential flat buildings; Roads; Secondary dwellings; Semi-detached dwellings; Seniors housing; Studio dwellings; Any other development not specified in item 2 or 4

4 Prohibited

Agriculture; Amusement centres; Biosolid waste applications; Bulky goods premises; Business premises; Canal estate developments; Caravan parks; Cemeteries; Charter and tourism boating facilities; Correctional centres; Crematoria; Depots; Electricity generating works; Entertainment facilities; Extractive industries; Freight transport facilities; Home occupations (sex services); Industries; Information and education facilities; Marinas; Passenger transport facilities; Public administration buildings; Retail premises; Rural workers’ dwellings; Shop top housing; Storage premises; Tourist and visitor accommodation; Vehicle sales or hire premises; Waste or resource management facilities; Wholesale supplies

Zone R2   Low Density Residential

1 Objectives of zone

•  To provide for the housing needs of the community within a low density residential environment.

•  To enable other land uses that provide facilities or services to meet the day to day needs of residents.

•  To provide for a variety of housing types but primarily low density detached housing.

•  To support the well being of the community, including educational, recreational, community, religious and other activities if there will be no adverse effect on the amenity of the proposed or existing nearby residential development.

2 Permitted without consent

Home occupations

3 Permitted with consent

Centre-based child care facilities; Community facilities; Drainage; Dual occupancies; Dwelling houses; Earthworks; Educational establishments; Environmental protection works; Exhibition homes; Exhibition villages; Group homes; Health consulting rooms; Home businesses; Information and education facilities; Recreation areas; Respite day care centres; Roads; Secondary dwellings; Semi-detached dwellings; Seniors housing; Studio dwellings; Water recycling facilities; Waterbodies (artificial)

4 Prohibited

Any development not specified in item 2 or 3

Zone R3   Medium Density Residential

1 Objectives of zone

•  To provide for the housing needs of the community within a medium density residential environment.

•  To provide a variety of housing types within a medium density residential environment.

•  To enable other land uses that provide facilities or services to meet the day to day needs of residents.

•  To encourage medium density housing adjoining the North Kellyville Local Centre.

•  To support the well being of the community, including educational, recreational, community, religious and other activities where compatible with the amenity of a medium density residential environment.

•  To allow for low density tourist and visitor accommodation that does not interfere with residential amenity.

2 Permitted without consent

Home occupations

3 Permitted with consent

Attached dwellings; Bed and breakfast accommodation; Boarding houses; Centre-based child care facilities; Community facilities; Dual occupancies; Dwelling houses; Group homes; Home businesses; Manor homes; Multi dwelling housing; Neighbourhood shops; Places of public worship; Residential flat buildings; Roads; Secondary dwellings; Semi-detached dwellings; Seniors housing; Studio dwellings; Any other development not specified in item 2 or 4

4 Prohibited

Agriculture; Amusement centres; Biosolid waste applications; Bulky goods premises; Business premises; Canal estate developments; Caravan parks; Cemeteries; Charter and tourism boating facilities; Correctional centres; Crematoria; Depots; Electricity generating works; Entertainment facilities; Extractive industries; Freight transport facilities; Home occupations (sex services); Industries; Information and education facilities; Marinas; Passenger transport facilities; Retail premises; Rural workers’ dwellings; Shop top housing; Storage premises; Tourist and visitor accommodation; Vehicle sales or hire premises; Waste or resource management facilities; Wholesale supplies

Zone B1   Neighbourhood Centre

1 Objectives of zone

•  To provide a range of small-scale retail, business and community uses that serve the needs of people who live or work in the surrounding neighbourhood.

•  To ensure the scale and type of business development is compatible with the amenity of surrounding areas.

•  To allow for residential development that contributes to the economic and social vitality of the neighbourhood centre.

•  To ensure that residential development does not preclude the provision of active retail, business and community uses at street level.

•  To ensure that residential development does not detract from the primary function of the zone which is to provide for retail, business and convenience uses to serve the community.

•  To promote retail activities in accessible locations that encourage walking.

•  To promote a sense of place and focal points for the local community.

•  To ensure retail development does not adversely impact on the viability of retail development in the Local Centre Zone.

2 Permitted without consent

Nil

3 Permitted with consent

Business premises; Centre-based child care facilities; Community facilities; Neighbourhood shops; Roads; Shop top housing; Any other development not specified in item 2 or 4

4 Prohibited

Agriculture; Biosolid waste applications; Bulky goods premises; Canal estate developments; Caravan parks; Cemeteries; Correctional centres; Crematoria; Depots; Dual occupancies; Dwelling houses; Electricity generating works; Extractive industries; Freight transport facilities; Home occupations (sex services); Industries; Passenger transport facilities; Recreation facilities (major); Residential care facilities; Residential flat buildings (other than as a component of a mixed use development); Restricted premises; Roadside stalls; Rural workers’ dwellings; Secondary dwellings; Semi-detached dwellings; Sex services premises; Storage premises; Timber and building supplies; Vehicle sales or hire premises; Waste or resource management facilities

Zone B2   Local Centre

1 Objectives of zone

•  To provide a range of retail, business, entertainment and community uses which serve the needs of people who live in, work in and visit the local area.

•  To encourage employment opportunities in accessible locations.

•  To maximise public transport patronage and encourage walking and cycling.

•  To ensure that residential development does not detract from the primary function of the centre being to provide for retail, business, entertainment and community uses.

•  To ensure that residential development does not preclude the provision of active uses at street level.

•  To provide for land uses of a higher order and density within the Local Centre Zone than are permitted within the Neighbourhood Centre Zone.

•  To ensure that retail development in the North Kellyville Local Centre is of an appropriate type and scale relative to the Rouse Hill Regional Centre.

•  To provide for residential development that contributes to the vitality of the village centre.

2 Permitted without consent

Nil

3 Permitted with consent

Business premises; Centre-based child care facilities; Community facilities; Educational establishments; Entertainment facilities; Function centres; Information and education facilities; Office premises; Passenger transport facilities; Recreation facilities (indoor); Registered clubs; Retail premises; Roads; Service stations; Shop top housing; Tourist and visitor accommodation; Any other development not specified in item 2 or 4

4 Prohibited

Agriculture; Attached dwellings (other than as a component of mixed use development); Biosolid waste applications; Canal estate developments; Caravan parks; Cemeteries; Correctional centres; Crematoria; Dairies (pasture-based); Depots; Dual occupancies; Dwelling houses; Electricity generating works; Extractive industries; Freight transport facilities; Industrial retail outlets; Industries; Multi dwelling housing (other than as a component of mixed use development); Passenger transport facilities; Residential flat buildings (other than as a component of mixed use development); Restricted premises; Roadside stalls; Rural workers’ dwellings; Secondary dwellings; Semi-detached dwellings; Sex services premises; Storage premises; Waste or resource management facilities

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.

2 Permitted without consent

Nil

3 Permitted with consent

The purpose shown on the Land Zoning Map, including any development that is ordinarily incidental or ancillary to development for that purpose; Roads; Water recycling facilities; Waterbodies (artificial)

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.

2 Permitted without consent

Nil

3 Permitted with consent

Community facilities; Drainage; Earthworks; Electricity generating works; Environmental facilities; Environmental protection works; Flood mitigation works; Kiosks; Recreation areas; Recreation facilities (outdoor); Roads; Water recycling facilities; Waterbodies (artificial)

4 Prohibited

Any development not specified in item 2 or 3

Zone E3   Environmental Management

1 Objectives of zone

•  To protect, manage and restore areas with special ecological, scientific, cultural or aesthetic values.

•  To provide for a limited range of development that does not have an adverse effect on those values.

2 Permitted without consent

Home occupations

3 Permitted with consent

Drainage; Dwelling houses; Earthworks; Electricity generating works; Environmental facilities; Environmental protection works; Flood mitigation works; Roads; Water recycling facilities; Waterbodies (artificial)

4 Prohibited

Industries; Multi dwelling housing; Residential flat buildings; Retail premises; Seniors housing; Service stations; Warehouse or distribution centres; Any other development not specified in item 2 or 3

Zone E4   Environmental Living

1 Objectives of zone

•  To provide for low-impact residential development in areas with special ecological, scientific or aesthetic values.

•  To ensure that residential development does not have an adverse effect on those values.

2 Permitted without consent

Home occupations

3 Permitted with consent

Bed and breakfast accommodation; Drainage; Dual occupancies; Dwelling houses; Earthworks; Electricity generating works; Environmental facilities; Environmental protection works; Flood mitigation works; Group homes; Health consulting rooms; Home businesses; Home industries; Horticulture; Recreation areas; Recreation facilities (outdoor); Roads; Swimming pools; Water recreation structures; Water recycling facilities; Waterbodies (artificial)

4 Prohibited

Industries; Service stations; Warehouse or distribution centres; Any other development not specified in item 2 or 3

Part 4 Principal development standards

4.1 Minimum subdivision lot size

(1)  The objectives of this section are as follows—

(a)  to ensure that the minimum size for lots is sufficient for the provision of usable areas for building and open space,

(b)  to facilitate and encourage a range of residential lot types, in particular, small lot housing,

(c)  to encourage the efficient use of land for residential purposes.

(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 Precinct Plan.

(3)  The size of any lot resulting from any such 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 individual lots in a strata plan.

4.1AA Subdivision resulting in lots between 225–300m 2

(1)  This section applies to land in the following zones—

(a)  Zone R1 General Residential,

(b)  Zone R3 Medium Density Residential.

(2)  Development consent may be granted to the subdivision of land to which this section applies resulting in the creation of a lot that has an area of less than 300m² (but not less than 225m²) if the consent authority is satisfied that the lot will contain a sufficient building envelope to enable the erection of a dwelling house on the lot under section 4.1AD or 4.1AE.

(3)  This section does not apply to a subdivision that is the subject of a development application under section 4.1AD(2)(b) or 4.1AE.

4.1A Minimum lot sizes for development in Zone B1 Neighbourhood Centre and Zone B2 Local Centre

Development must not be carried out on a lot in Zone B1 Neighbourhood Centre or Zone B2 Local Centre for any of the following purposes, if the area of the lot is less than the area specified below in relation to those purposes—

(a)  secondary dwelling—450 square metres,

(b)  dual occupancy—600 square metres,

(c)  semi-detached dwelling—600 square metres,

(d)  multi dwelling housing—1,500 square metres,

(e)  attached dwellings—1,500 square metres,

(f)  residential flat building—4,000 square metres.

4.1AB Minimum lot sizes for residential development in certain residential zones

(1)  The objectives of this section are as follows—

(a)  to establish minimum lot sizes for residential development in Zone R1 General Residential, Zone R2 Low Density Residential and Zone R3 Medium Density Residential,

(b)  to ensure that residential development in the North Kellyville Precinct results in the efficient use of land and contributes to the supply of new housing in the North West Growth Centre,

(c)  to ensure that residential development has adequate usable areas for buildings and open space,

(d)  to ensure that residential development is compatible with the character of the North Kellyville Precinct and with surrounding residential areas,

(e)  to facilitate and encourage the provision of a range of residential lot types, in particular, small lot housing.

(2)  This section applies to land in the following zones—

(a)  Zone R1 General Residential,

(b)  Zone R2 Low Density Residential,

(c)  Zone R3 Medium Density Residential.

(3)  The minimum lot size for a dwelling house is—

(a)  360m² if the dwelling density (per hectare) shown on the Residential Density Map in relation to the land is 10, or

(b)  300m² if the dwelling density (per hectare) shown on the Residential Density Map in relation to the land is 12.5 or 20.

(4)  The minimum lot size for a dual occupancy is—

(a)  600m² if the dwelling density (per hectare) shown on the Residential Density Map in relation to the land is 10 or 12.5, or

(b)  500m² if the dwelling density (per hectare) shown on the Residential Density Map in relation to the land is 20.

(5)  The minimum lot size for a semi-detached dwelling is—

(a)  300m² if the dwelling density (per hectare) shown on the Residential Density Map in relation to the land is 10 or 12.5, or

(b)  150m² if the dwelling density (per hectare) shown on the Residential Density Map in relation to the land is 20.

(6)  The minimum lot size for attached dwellings is—

(a)  1,500m² if the dwelling density (per hectare) shown on the Residential Density Map in relation to the land is 12.5, or

(b)  375m² if the dwelling density (per hectare) shown on the Residential Density Map in relation to the land is 20.

(7)  The minimum lot size for multi dwelling housing is 1,500m² if the dwelling density (per hectare) shown on the Residential Density Map in relation to the land is 12.5 or 20.

(8)  The minimum lot size for a manor home is 600m² if the dwelling density (per hectare) in relation to the land is 20.

(9)  The minimum lot size for a residential flat building is—

(a)  4,000m² if the dwelling density (per hectare) shown on the Residential Density Map in relation to the land is 12.5, or

(b)  2,000m² if the dwelling density (per hectare) shown on the Residential Density Map in relation to the land is 20.

4.1AC Minimum lot sizes for secondary dwellings in certain residential zones

(1)  This section applies to land in the following zones—

(a)  Zone R1 General Residential,

(b)  Zone R2 Low Density Residential,

(c)  Zone R3 Medium Density Residential.

(2)  The minimum lot size for a secondary dwelling on land in Zone R1 General Residential or Zone R2 Low Density Residential is 450m².

(3)  The minimum lot size for a secondary dwelling on land in Zone R3 Medium Density Residential is the minimum lot size for the principal dwelling in conjunction with which the secondary dwelling is established, determined in accordance with section 4.1AB, 4.1AD or 4.1AE.

4.1AD Exceptions to minimum lot sizes for dwelling houses

(1)  This section applies to the following—

(a)  a lot in Zone R1 General Residential that has an area less than 300m² (but not less than 240m²),

(b)  a lot in Zone R3 Medium Density Residential that has an area less than 300m² (but not less than 225m²).

(2)  Despite section 4.1AB(3), development consent may be granted to the erection of a dwelling house on a lot to which this section applies if—

(a)  the lot results from a subdivision to which development consent has been granted in accordance with section 4.1AA and, in determining the development application for the erection of the dwelling house, the consent authority considers any information that it considered for the purposes of that section in determining the development application for that subdivision, or

(b)  the development application is a single development application for development consisting of both of the following—

(i)  the subdivision of land into 2 or more lots,

(ii)  the erection of the dwelling house on one of the lots resulting from the subdivision.

4.1AE Exceptions to minimum lot sizes for dwelling houses on small lots

(1)  This section applies to a lot in Zone R3 Medium Density Residential that has an area of less than 225m² (but not less than 200m²).

(2)  Despite section 4.1AB(3), development consent may be granted to the erection of a dwelling house on a lot to which this section applies if the development application is a single development application for development consisting of is both of the following—

(a)  the subdivision of land into 2 or more lots,

(b)  the erection of the dwelling house on one of the lots resulting from the subdivision.

4.1AF Minimum lot sizes in split zones

(1)  This section applies to each lot that contains land in Zone R1 General Residential, Zone R2 Low Density Residential or Zone R3 Medium Density Residential and land in any other zone.

(2)  For the purposes of sections 4.1AA–4.1AE, a reference to the area of a lot—

(a)  in relation to land in Zone R1 General Residential, means that part of the lot that is in Zone R1 General Residential, and

(b)  in relation to land in Zone R2 Low Density Residential, means that part of the lot that is in Zone R2 Low Density Residential, and

(c)  in relation to land in Zone R3 Medium Density Residential, means that part of the lot that is in Zone R3 Medium Density Residential, and

(d)  does not include any part of the lot that is in any other zone.

4.1B Residential density

(1)  The objectives of this section are as follows—

(a)  to establish minimum density requirements for residential development within the North Kellyville Precinct,

(b)  to ensure that residential development makes efficient use of land and infrastructure and contributes to the availability of new housing,

(c)  to ensure that the scale of residential development is compatible with the character of the precinct and adjoining land.

(2)  This section applies to residential development of the kind referred to in section 4.1AB or 4.1AC that—

(a)  is carried out on land to which this Precinct Plan applies that is shown on the Residential Density Map, and

(b)  requires development consent, and

(c)  is carried out after the commencement of State Environmental Planning Policy (Sydney Region Growth Centres) Amendment (Housing Diversity) 2014.

(3)  The density of any residential development to which this section applies is not to be less than the density shown on the Residential Density Map in relation to that land.

(4)  In this section—

density means the net developable area in hectares of the land on which the development is situated divided by the number of dwellings proposed to be located on that land.

net developable area means the land occupied by the development, including internal streets plus half the width of any adjoining access roads that provide vehicular access, but excluding land that is not zoned for residential purposes.

4.1C Minimum lot size for certain split zones

(1)  The objectives of this section are as follows—

(a)  to provide for the subdivision of lots that are within Zone R2 Low Density Residential and Zone E4 Environmental Living but cannot be subdivided under section 4.1,

(b)  to ensure that the subdivision occurs in a manner that promotes suitable land use and development,

(c)  to ensure that the subdivision will not compromise the environmental values of land in Zone E4 Environmental Living.

(2)  This section applies to each lot (an original lot) that contains—

(a)  land in Zone R2 Low Density Residential, and

(b)  land in Zone E4 Environmental Living.

(3)  Despite section 4.1, development consent may be granted to subdivide an original lot to create other lots (the resulting lots) if—

(a)  each resulting lot containing land only in Zone R2 Low Density Residential will have an area that is not less than the minimum size shown on the Lot Size Map in relation to that land, and

(b)  each resulting lot containing land only in Zone E4 Environmental Living will have an area that is not less than the minimum size shown on the Lot Size Map in relation to that land, and

(c)  each resulting lot containing land in both Zone R2 Low Density Residential and Zone E4 Environmental Living will have—

(i)  at least 50% of the land in the lot in Zone R2 Low Density Residential, and

(ii)  an area that is not less than the minimum size shown on the Lot Size Map in relation to the land in Zone R2 Low Density Residential.

4.3 Height of buildings

(1)  The objectives of this section are as follows—

(a)  to preserve the amenity of adjoining development in terms of solar access to dwellings, private open space and bulk and scale,

(b)  to provide for a range of residential building heights in appropriate locations that provide a high quality urban form,

(c)  to facilitate higher density neighbourhood and town centres while minimising impacts on adjacent residential areas,

(d)  to provide appropriate height controls for commercial development,

(e)  to restrict the height of buildings within the curtilage of heritage items.

(2)  Except as provided by this section, 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.

(2A)  The consent authority may grant development consent for development for the purpose of an attached dwelling, a dwelling house, dual occupancy, multi dwelling housing, place of public worship or school on land in Zone R1 General Residential or Zone R2 Low Density Residential, or a dwelling house on land in Zone E4 Environmental Living, that exceeds 9 metres in height above finished ground level, if the consent authority is satisfied that the development—

(a)  is located—

(i)  on a prominent street corner, or

(ii)  adjacent to land in Zone B1 Neighbourhood Centre or Zone B2 Local Centre or that is a public open space, or

(iii)  on land with a finished ground level slope equal to or more than 15%, and

(b)  is not likely to have an adverse impact on the existing or future amenity of any adjoining land on which residential development is permitted, having regard to over shadowing, visual impact and any impact on privacy.

4.4 Floor space ratio

(1)  The objectives of this section are as follows—

(a)  to control the bulk and scale of future development in the North Kellyville Precinct,

(b)  to provide for a built form that is compatible with the role of local and neighbourhood centres.

(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.

4.5 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 Precinct Plan 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 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 Precinct Plan 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.

4.5A Business, office and retail floor area

(1)  The objectives of this section are to provide for the equitable distribution of business, office and retail floor area—

(a)  between land in Zone B1 Neighbourhood Centre and Zone B2 Local Centre, and

(b)  between land in the northern and southern areas of Zone B1 Neighbourhood Centre, and

(c)  between land in the northern and southern areas of Zone B2 Local Centre.

(2)  The total gross floor area used for the purposes of business, office and retail premises on all land—

(a)  in Zone B1 Neighbourhood Centre must not exceed 4,000 square metres, and

(b)  in Zone B2 Local Centre must not exceed 15,000 square metres.

(3)  Development consent must not be granted to development on land in Zone B1 Neighbourhood Centre or Zone B2 Local Centre unless the consent authority has considered the objectives of this section.

4.6 Exceptions to development standards

(1)  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.

(2)  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 to development that contravenes a development standard unless the consent authority is satisfied the applicant for development consent has demonstrated that—

(a)  compliance with the development standard is unreasonable or unnecessary in the circumstances, and

(b)  there are sufficient environmental planning grounds to justify the contravention of the development standard.

Note—

The Environmental Planning and Assessment Regulation 2021 requires the development application to be accompanied by a document setting out the grounds on which the applicant seeks to demonstrate the matters in paragraphs (a) and (b).

(4)  The consent authority must keep a record of its assessment carried out under subsection (3).

(5)    (Repealed)

(6)  Consent must not be granted under this section for a subdivision of land within 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.

(7)    (Repealed)

(8)  This section does not allow consent to be granted for development that would contravene any of the following—

(a)  a development standard for complying development,

(b)  a development standard that arises, under the regulations under the Act, in connection with a commitment set out in a BASIX certificate for a building to which State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 applies or for the land on which such a building is situated listed in the table to this section,

(c)  sections 4.1A, 4.1B, 5.4, 6.2, 6.4 and 6.7 of this Precinct Plan.

Part 5 Miscellaneous provisions

5.1 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
Zone SP2 and marked “Local Road Widening”	Council
Zone SP2 and marked “School”	Minister administering the Education Act 1990
Zone SP2 and marked “Trunk Drainage”	Sydney Water Corporation
Zone RE1 and marked “Local Open Space”	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.

5.1A Development on land intended to be acquired for public purposes

(1)  The objective of this section is to protect land that is intended to be acquired for a public purpose.

(2)  Development consent must not granted to development on land shown on the Land Reservation Acquisition Map that has not yet been acquired for a public purpose unless the consent authority is satisfied that the development is likely to be consistent with that public purpose as marked on the map.

5.2 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 and certain Crown land). 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 Precinct Plan to discharge trusts on which public reserves are held if the land is reclassified under this Precinct Plan as operational land.

(2)  The public land described in Part 1 or Part 2 of Schedule 4 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 4 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 4—

(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 4, 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 4, 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 4.

5.3 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 20 metres.

(3)  This section does not apply to—

(a)  land zoned B1 Neighbourhood Centre, B2 Local Centre, RE1 Public Recreation, E1 National Parks and Nature Reserves, E2 Environmental Conservation, E3 Environmental Management, E4 Environmental Living or W1 Natural 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 Precinct Plan relating to the purposes for which development may be carried out, consent may be granted to development of land to which this section applies for any purpose that may be carried out in the adjoining zone, but only if the consent authority is satisfied that—

(a)  the development is not inconsistent with the objectives for development in both zones, and

(b)  the carrying out of the development is desirable due to compatible land use planning, infrastructure capacity and other planning principles relating to the efficient and timely development of land.

(5)  The section does not prescribe a development standard that may be varied under this Precinct Plan.

5.4 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 Precinct Plan, the accommodation that is provided to guests must consist of no more than 3 bedrooms.

(2) Home businesses If development for the purposes of a home business is permitted under this Precinct Plan, the carrying on of the business must not involve the use of more than 50 square metres of floor area.

(3) Home industries If development for the purposes of a home industry is permitted under this Precinct Plan, the carrying on of the home industry must not involve the use of more than 100 square metres of floor area.

(4) Industrial retail outlets If development for the purposes of an industrial retail outlet is permitted under this Precinct Plan, the retail floor area must not exceed—

(a)  40% of the combined gross floor area of the industrial retail outlet and the building or place on which the relevant industry is carried out, or

(b)  400 square metres,

whichever is the lesser.

(5) Farm stay accommodation If development for the purposes of farm stay accommodation is permitted under this Precinct Plan, the accommodation that is provided to guests must consist of no more than 3 bedrooms.

(6) Kiosks If development for the purposes of a kiosk is permitted under this Precinct Plan, the gross floor area must not exceed 10 square metres.

(7) Neighbourhood shops If development for the purposes of a neighbourhood shop is permitted under this Precinct Plan, the retail floor area must not exceed 80 square metres.

(8) Roadside stalls If development for the purposes of a roadside stall is permitted under this Precinct Plan, the gross floor area must not exceed 20 square metres.

(9) Secondary dwellings If development for the purposes of a secondary dwelling is permitted under this Precinct Plan, the total floor area of the dwelling (excluding any area used for parking) must not exceed whichever of the following is the greater—

(a)  60 square metres,

(b)  20% of the total floor area of both the self-contained dwelling and the principal dwelling.

5.8 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.

(5)  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.

5.9 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 Planning Secretary.

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—

(a)  that is or forms part of a heritage item, or

(b)  that is within a heritage conservation area.

Note—

As a consequence of this subsection, the activities concerned will require development consent. The heritage provisions of section 5.10 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, or

(f)  existing native vegetation areas to which section 6.2 of this Precinct Plan applies, or

(g)  native vegetation retention areas or riparian protection areas to which section 6.3 of this Precinct Plan applies.

5.10 Heritage conservation

Note—

Heritage items, heritage conservation areas and archaeological sites (if any) are shown on the Heritage Map. The location and nature of any such item, area or site is also described in Schedule 5.

(1) Objectives The objectives of this section are—

(a)  to conserve the environmental heritage of the North Kellyville Precinct, and

(b)  to conserve the heritage significance of heritage items and heritage conservation areas including associated fabric, settings and views, and

(c)  to conserve archaeological sites, and

(d)  to conserve places of Aboriginal heritage significance.

(2) Requirement for consent Development consent is required for any of the following—

(a)  demolishing or moving a heritage item or a building, work, relic or tree within a heritage conservation area,

(b)  altering a heritage item or a building, work, relic, tree or place within a heritage conservation area, including (in the case of a building) making changes to the detail, fabric, finish or appearance of its exterior,

(c)  altering a heritage item that is a building by making structural changes to its interior,

(d)  disturbing or excavating an archaeological site while knowing, or having reasonable cause to suspect, that the disturbance or excavation will or is likely to result in a relic being discovered, exposed, moved, damaged or destroyed,

(e)  disturbing or excavating a heritage conservation area that is a place of Aboriginal heritage significance,

(f)  erecting a building on land on which a heritage item is located or that is within a heritage conservation area,

(g)  subdividing land on which a heritage item is located or that is within a heritage conservation area.

(3) When consent not required However, consent under this 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, archaeological site, or a building, work, relic, tree or place within a heritage conservation area, and

(ii)  would not adversely affect the significance of the heritage item, archaeological site or heritage conservation area, or

(b)  the development is in a cemetery or burial ground and the proposed development—

(i)  is the creation of a new grave or monument, or excavation or disturbance of land for the purpose of conserving or repairing monuments or grave markers, and

(ii)  would not cause disturbance to human remains, relics, Aboriginal objects in the form of grave goods, or to a place of Aboriginal heritage significance, or

(c)  the development is limited to the removal of a tree or other vegetation that the Council is satisfied is a risk to human life or property, or

(d)  the development is exempt development.

(4) Effect on heritage significance The consent authority must, before granting consent under this section, consider the effect of the proposed development on the heritage significance of the heritage item or heritage conservation area 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).

(5) Heritage impact assessment The consent authority may, before granting consent to any development on land—

(a)  on which a heritage item is situated, or

(b)  within a heritage conservation area, 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 or heritage conservation area 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) 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) 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.

(9) Demolition of item of State significance The consent authority must, before granting consent for the demolition of a heritage item identified in Schedule 5 as being of State significance (other than an item listed on the State Heritage Register or to which an interim heritage order under the Heritage Act 1977 applies)—

(a)  notify the Heritage Council about the application, and

(b)  take into consideration any response received from the Heritage Council within 28 days after the notice is sent.

(10) Conservation incentives The consent authority may grant consent to development for any purpose of a building that is a heritage item, or of the land on which such a building is erected, even though development for that purpose would otherwise not be allowed by this Precinct Plan, 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.

5.11 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.

5.12 Infrastructure development and use of existing buildings of the Crown

(1)  This Precinct Plan does not restrict or prohibit, or enable the restriction or prohibition of, the carrying out of any development, by or on behalf of a public authority, that is permitted to be carried out without consent under the State Environmental Planning Policy (Infrastructure) 2007.

(2)  This Precinct Plan does not restrict or prohibit, or enable the restriction or prohibition of, the use of existing buildings of the Crown by the Crown.

Part 6 Additional local provisions

6.1 Public utility infrastructure

(1)  The consent authority must not grant development consent to development on land to which this Precinct Plan applies unless it is satisfied that any public utility infrastructure that is essential for the proposed development is available or that adequate arrangements have been made to make that infrastructure available when required.

(2)  In this section, public utility infrastructure includes infrastructure for any of the following—

(a)  the supply of water,

(b)  the supply of electricity,

(c)  the disposal and management of sewage.

(3)  This section does not apply to development for the purpose of providing, extending, augmenting, maintaining or repairing any public utility infrastructure referred to in this section.

6.2 Development controls—existing native vegetation areas

(1)  The objective of this section is to manage existing native vegetation areas in accordance with the relevant biodiversity measures under Part 7 of Schedule 7 to the Threatened Species Conservation Act 1995.

(2)  This section applies to land within an existing native vegetation area as shown on the Native Vegetation Protection Map.

(3)  This section does not apply to any vegetation declared to be noxious weeds under the Noxious Weeds Act 1993.

(4)  The consent authority must not grant development consent for development on land to which this section applies unless the consent authority is satisfied that the proposed development will not result in the clearing of any existing native vegetation (within the meaning of the relevant biodiversity measures under Part 7 of Schedule 7 to the Threatened Species Conservation Act 1995).

6.3 Development controls—native vegetation retention areas and riparian protection areas

(1)  The objective of this section is to prevent the clearing of certain native vegetation.

(2)  This section applies to land—

(a)  within a native vegetation retention area as shown on the Native Vegetation Protection Map, or

(b)  within a riparian protection area as shown on the Riparian Protection Area Map.

(3)  This section does not apply to any native vegetation that the consent authority is satisfied—

(a)  is dying or dead and is not required as the habitat of native fauna, or

(b)  is a risk to human life or property.

(4)  This section does not apply to any native vegetation—

(a)  within a State forest, or land reserved from sale as a timber or forest reserve under the Forestry Act 1916, or

(b)  declared to be noxious weeds under the Noxious Weeds Act 1993.

(5)  A person must not clear native vegetation on land to which this section applies without—

(a)  approval under Part 3A of the Act, or

(b)  development consent.

Note—

A consent of the relevant consent authority required under this section for the clearing of native vegetation is in addition to any development consent required or granted under the Native Vegetation Act 2003 in respect of that clearing.

(6)  Development consent under this section is not to be granted unless the consent authority is satisfied of the following in relation to the disturbance of native vegetation—

(a)  that there is no reasonable alternative available to the disturbance of the native vegetation,

(b)  that as little native vegetation as possible will be disturbed,

(c)  that the disturbance of the native vegetation will not increase soil salinity,

(d)  that native vegetation disturbed for the purposes of construction will be reinstated where possible on completion of construction,

(e)  that the loss of remnant native vegetation caused by the disturbance will be compensated by revegetation on or near the land to avoid any net loss of remnant native vegetation,

(f)  that no more than 0.5 hectare of native vegetation will be cleared unless the clearing is essential for a previously permitted use of the land.

(7)  The consent authority must, when determining a development application in respect of the clearing of native vegetation on land within a zone under this Precinct Plan, have regard to the objectives for development in that zone.

(8)  This section does not apply to or in respect of action required or authorised to be done by or under the Electricity Supply Act 1995, the Roads Act 1993, the Sydney Water Act 1994 or the Surveying Act 2002.

6.4 Development on land in Zone E3 Environmental Management

(1)  This section applies to land in Zone E3 Environmental Management that is within an existing native vegetation area or native vegetation retention area as shown on the Native Vegetation Protection Map.

(2)  The consent authority must not grant development consent to development on land to which this section applies unless the consent authority is satisfied that the proposed development—

(a)  will be undertaken in a manner that is not inconsistent with the environmental management plan in the North Kellyville Precinct Development Control Plan published by the Department in November 2008, and

(b)  will not result in the clearing of any native vegetation.

6.5 Subdivision of land in Zone E4 Environmental Living

(1)  The objectives of this section are as follows—

(a)  to provide for residential development that takes account of the special values of land in Zone E4 Environmental Living,

(b)  to encourage development that will ensure the land is managed and conserved in a holistic and sensitive manner,

(c)  to promote high quality residential amenity in the urban environment,

(d)  to encourage an innovative and contemporary approach to building design and location that is appropriate to the special values of the land.

(2)  This section applies to land in Zone E4 Environmental Living.

(3)  The consent authority may grant development consent for the subdivision of land to which this section applies, only if—

(a)  the land is subdivided in accordance with the Community Land Development Act 1989 for a neighbourhood scheme, and

(b)  each lot, other than a lot comprising neighbourhood property, to be created by the subdivision will have an area of not less than 600 square metres, and

(c)  the subdivision will not result in more than 7.5 development lots per hectare.

6.6 Additional controls applying to shop top housing and residential flat buildings as part of mixed use development

(1)  The objectives of this section are as follows—

(a)  to reinforce the Council’s established centres hierarchy and ensure centres are appropriate in scale and design for their location,

(b)  to ensure that shop top housing and residential flat buildings as part of mixed use developments are compatible with the prevailing character and amenity of surrounding land.

(2)  Development consent must not be granted to development on land identified as “Area A” on the Key Sites Map for the purposes of shop top housing or a residential flat building as part of a mixed use development if—

(a)  the height of the building exceeds 7 metres, or

(b)  less than 50% of the total floor area of the building will be used for non-residential purposes.

(3)  Development consent must not be granted to development on land identified as “Area B” on the Key Sites Map for the purposes of shop top housing or a residential flat building as part of a mixed use development if—

(a)  the height of the building exceeds 10 metres, or

(b)  less than 50% of the total floor area of the building will be used for non-residential purposes.

(4)  Development consent must not be granted to development on land identified as “Area C” on the Key Sites Map for the purposes of a residential flat building as part of a mixed use development if the height of the building exceeds 7 metres.

6.7 Development of certain land at 9 Palaran Avenue, North Kellyville

(1)  This section applies to land identified as “Area G” on the Key Sites Map.

(2)  Development consent must not be granted to development on land to which this section applies if the development will result in—

(a)  more than 7 dwellings on the land, or

(b)  more than 1 dwelling on a lot.

Schedule 1 Additional permitted uses

(Section 2.5)

1 Use of certain land at 9 and 21 Hezlett Road and 103 Samantha Riley Drive, Kellyville

(1)  This section applies to the following land at Kellyville, identified as “Item 1” on the Additional Permitted Uses Map—

(a)  9 Hezlett Road, being Lot 101, DP 1082890,

(b)  21 Hezlett Road, being SP 93305,

(c)  103 Samantha Riley Drive, being Lot 2401, DP 1213071.

(2)  Development for the purposes of shop top housing is permitted with development consent on land to which this section applies.

Schedule 2 Exempt development

(Section 3.1)

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.

Signage—Bus shelter advertising

(1)  Maximum—1 advertising panel per bus shelter, but the panel may have an advertisement on each side.

(2)  Maximum display area per panel on each side—1.2m × 1.8m.

(3)  Must not contain flashing or moving electronic content.

(4)  Must comply with the Disability Standards for Accessible Public Transport 2002 made under the Disability Discrimination Act 1992 of the Commonwealth and relevant Australian standards.

(5)  Must not adversely impact the amenity of a heritage item.

(6)  Must be erected by or on behalf of the Council.

Signage—Advertising affixed to pole of street sign

(1)  Maximum—2 advertising panels per street sign, but the panels may have an advertisement on each side.

(2)  Maximum display area per panel on each side—1.2m × 1.8m.

(3)  Must not contain flashing or moving electronic content.

(4)  Must comply with the Disability Standards for Accessible Public Transport 2002 made under the Disability Discrimination Act 1992 of the Commonwealth and relevant Australian standards.

(5)  If the street sign is in Zone R2 or Zone E4—must only be located on or near a main road.

(6)  Must not adversely impact the amenity of a heritage item.

(7)  Must be erected by or on behalf of the Council.

Signage—Advertising on side of pedestrian bridge above road

(1)  Maximum—1 advertising panel per direction of traffic under pedestrian bridge.

(2)  Must provide safe vertical clearance for vehicles.

(3)  Must not block visibility of oncoming traffic.

(4)  Must not contain flashing signage.

(5)  Must comply with the Minimum coefficients of Luminous intensity per unit area for Class 2A Material in AS/NZS 1906.1:2007, Retroreflective materials and devices for road traffic control purposes, Part 1: Retroreflective sheeting.

(6)  Must not adversely impact the amenity of a heritage item, the curtilage of a heritage item or existing public view lines of the heritage item.

(7)  Must be erected by or on behalf of the Council.

Schedule 4 Classification and reclassification of public land

(Section 5.2)

Part 1 Land classified, or reclassified, as operational land—no interests changed

Column 1	Column 2
Locality	Description
North Kellyville	Part of Lot 11, DP 843578, identified as “Operational Land” on the Land Reclassification (Part Lots) Map

Part 2 Land classified, or reclassified, as operational land—interests changed

Column 1	Column 2	Column 3
Locality	Description	Any trusts etc not discharged

Part 3 Land classified, or reclassified, as community land

Column 1	Column 2
Locality	Description

Schedule 5 Environmental heritage

(Section 5.10)

Heritage items

Precinct	Item name	Address	Significance
North Kellyville	“Yalta”, house and immediate garden	Lot B, DP 374973, 45 Hezlett Road, Kellyville	Local

Appendix 5: Am 2022 (166), cl 5(1) (2); 2022 (204), cl 4(1) (2); 2022 (835), Sch 1[28]; 2023 (524), Sch 1.2[1]; 2024 (63), Sch 1[6].

sch 5: Rep 2024 (63), Sch 1[16].

Appendix 6 Riverstone West Precinct Plan

section 3.10

Part 1 Preliminary

Note—

The Standard Instrument (Local Environmental Plans) Order 2006 sets out matters to be included in standard local environmental plans. While this Precinct Plan 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 Precinct Plan and the clause numbering from that Order has been retained. This means that the numbering in this Precinct Plan may contain some gaps. Additional provisions have been inserted and are numbered accordingly.

1.1 Name of Precinct Plan

This Precinct Plan is the Riverstone West Precinct Plan 2009.

1.2 Aims of Precinct Plan

The aims of this Precinct Plan are as follows—

(a)  to make development controls for land in the Riverstone West Precinct within the North West Growth Centre that will ensure the creation of quality environments and good design outcomes,

(b)  to protect and enhance the environmentally sensitive natural areas in, and the cultural heritage of, the Precinct,

(c)  to provide for recreational opportunities within the Precinct,

(d)  to provide for innovative development in the Precinct that encourages employment and economic growth,

(e)  to provide for the sustainable development of the Precinct,

(f)  to promote pedestrian and vehicle connectivity with adjoining Precincts and localities and within the Precinct.

1.3 Land to which Precinct Plan applies

This Precinct Plan applies to land within the Riverstone West Precinct.

1.4 Definitions

In this Precinct Plan, Council means Blacktown City Council.

1.6 Consent authority

The consent authority for the purposes of this Precinct Plan is (subject to the Act) the Council.

1.8 Repeal of other local planning instruments applying to land

(1)  All local environmental plans and deemed environmental planning instruments applying only to the land to which this Precinct Plan applies are repealed.

(2)  All local environmental plans and deemed environmental planning instruments applying to the land to which this Precinct Plan applies and to other land cease to apply to the land to which this Precinct Plan applies.

(3)  This section does not affect the operation of other provisions of this State Environmental Planning Policy.

(4)  Despite this section, Division 3 of Part 3 of Blacktown Local Environmental Plan 1988 (as in force on the commencement of this Precinct Plan) continues to apply as if those provisions formed part of this Precinct Plan, but only in relation to the following heritage items within the meaning of that Plan—

(a)  House—Part of Lot 211, DP 830505, No 17 Richards Avenue,

(b)  Group of Workers’ Cottages—Part of Lot 211, DP 830505, Nos 23, 25, 27, 29, 31, 33, 37, 39, 43, 45, 47 and 49 Richards Avenue,

(c)  Shop—former Butcher’s Shop—Part of Lot 10, DP 736235, Garfield Road West.

1.9 Application of SEPPs

(1)  This Precinct Plan is subject to the provisions of any State environmental planning policy that prevails over this Precinct Plan as provided by section 3.28 of the Act.

Note—

Section 3.28 of the Act generally provides that SEPPs prevail over LEPs. However, an environmental planning instrument may (by an additional provision included in the instrument) displace or amend a SEPP or LEP to deal specifically with the relationship between the instrument and the SEPP or LEP.

(2)  State Environmental Planning Policy No 1—Development Standards does not apply to the land to which this Precinct Plan applies.

(3)  Subject to section 74(1) of the Act, in the event of an inconsistency between this Precinct Plan and any other provision of this or any other environmental planning instrument whether made before or after the commencement of this Precinct Plan, this Precinct Plan prevails to the extent of the inconsistency.

Note—

The other provisions of this State Environmental Planning Policy also contain provisions applying development controls to the North West Growth Centre, including the Riverstone West Precinct.

1.9A Suspension of covenants, agreements and instruments

(1)  For the purpose of enabling development on land within any zone to be carried out in accordance with this Precinct Plan 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 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, before the making of this section, the Governor approved of subsections (1)–(3).

Part 2 Permitted or prohibited development

2.1 Land use zones

The land use zones under this Precinct Plan are as follows—

Business Zones

B7 Business Park

Industrial Zones

IN1 General Industrial

IN2 Light Industrial

Special Purpose Zones

SP2 Infrastructure

Recreation Zones

RE2 Private Recreation

Environment Protection Zones

E2 Environmental Conservation

2.2 Zoning of land to which Precinct Plan applies

For the purposes of this Precinct Plan, land is within the zones shown on the Land Zoning Map.

2.3 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 consent, and

(c)  development that may be carried out only with 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 Table in relation to the same zone.

(4)  This section is subject to the other provisions of this Precinct Plan.

Notes—

1 Schedule 1 sets out additional permitted uses for particular land.

2 Section 2.6 requires consent for subdivision of land.

3 Part 5 contains other provisions that require consent for particular development.

4 Part 6 sets out additional uses for particular land.

2.4 Unzoned land

(1)  Development may be carried out on unzoned land only with consent.

(2)  Before granting 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.

2.5 Additional permitted uses for particular land

(1)  Development on particular land that is described or referred to in Schedule 1 may be carried out—

(a)  with consent, or

(b)  if the Schedule so provides—without 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 at the end of this Part or other provision of this Precinct Plan.

2.6 Subdivision—consent requirements

(1)  Land to which this Precinct Plan applies may be subdivided, but only with consent.

Note—

State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies certain subdivision development as exempt development.

2.6A Demolition

The demolition of a building or work may be carried out only with consent.

Note—

The demolition of certain buildings and works is identified in the Riverstone West Precinct Development Control Plan, published by the Department in August 2009, and State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 as exempt or complying development.

2.6B 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 or on adjoining land or development.

(2)  Despite any other provision of this Precinct Plan, development consent may be granted for development on land 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 Precinct Plan and this or any other 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)  This section does not prescribe a development standard that may be varied under this Precinct Plan.

Land Use Table

Note—

Part 6 of this Precinct Plan sets out local provisions which include additional permissible land uses and heads of consideration for assessment.

Zone B7   Business Park

1 Objectives of zone

•  To provide a range of office and light industrial uses.

•  To encourage employment opportunities.

•  To enable other land uses that provide facilities or services to meet the day to day needs of workers in the area.

2 Permitted without consent

Nil

3 Permitted with consent

Centre-based child care facilities; Hotel or motel accommodation; Light industries; Neighbourhood shops; Office premises; Passenger transport facilities; Roads; Warehouse or distribution centres; Any other development not specified in item 2 or 4

4 Prohibited

Agriculture; Air transport facilities; Biosolid waste applications; Bulky goods premises; Caravan parks; Cemeteries; Correctional centres; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Helipads; Home-based child care; Home businesses; Home industries; Home occupations; Home occupations (sex services); Industries; Information and education facilities; Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Residential accommodation; Restriction facilities; Tourist and visitor accommodation; Waste disposal facilities

Zone IN1   General Industrial

1 Objectives of zone

•  To provide a wide range of industrial and warehouse land uses.

•  To encourage employment opportunities.

•  To minimise any adverse effect of industry on other land uses.

•  To enable development for the purpose of retail premises only where it serves convenience needs, or where the goods or materials sold are of a type and nature consistent with construction and maintenance of buildings.

2 Permitted without consent

Nil

3 Permitted with consent

Animal boarding or training establishments; Depots; Drainage; Earthworks; Freight transport facilities; Light industries; Neighbourhood shops; Roads; Take away food and drink premises; Warehouse or distribution centres; Any other development not specified in item 2 or 4

4 Prohibited

Agriculture; Air transport facilities; Biosolid waste applications; Bulky goods premises; Business premises; Caravan parks; Cemeteries; Centre-based child care facilities; Community facilities; Correctional centres; Educational establishments; Entertainment facilities; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Function centres; Health services facilities; Heavy industries; Home-based child care; Home businesses; Home industries; Home occupations; Home occupations (sex services); Information and education facilities; Office premises; Public administration buildings; Recreation facilities (major); Registered clubs; Residential accommodation; Restriction facilities; Retail premises; Tourist and visitor accommodation; Vehicle sales or hire premises; Waste disposal facilities

Zone IN2   Light Industrial

1 Objectives of zone

•  To provide a wide range of light industrial, warehouse and related land uses.

•  To encourage employment opportunities and to support the viability of centres.

•  To minimise any adverse effect of industry on other land uses.

•  To enable other land uses that provide facilities or services to meet the day to day needs of workers in the area.

2 Permitted without consent

Nil

3 Permitted with consent

Depots; Drainage; Earthworks; Food and drink premises; Freight transport facilities; Funeral chapels; Funeral homes; Landscape and garden supplies; Light industries; Mortuaries; Neighbourhood shops; Resource recovery facilities; Roads; Service stations; Timber and building supplies; Vehicle body repair workshops; Vehicle repair stations; Vehicle sales or hire premises; Warehouse or distribution centres; Waste or resource transfer stations; Any other development not specified in item 2 or 4

4 Prohibited

Agriculture; Air transport facilities; Airstrips; Biosolid waste applications; Bulky goods premises; Business premises; Caravan parks; Cemeteries; Correctional centres; Entertainment facilities; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Function centres; Helipads; Home-based child care; Home businesses; Home industries; Home occupations; Home occupations (sex services); Hospitals; Industries; Information and education facilities; Office premises; Public administration buildings; Recreation facilities (major); Recreation facilities (outdoor); Residential accommodation; Restriction facilities; Retail premises; Tourist and visitor accommodation; Waste or resource management facilities

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.

2 Permitted without consent

Nil

3 Permitted with consent

The purpose shown on the Land Zoning Map, including any development that is ordinarily incidental or ancillary to development for that purpose; Drainage; Earthworks; Environmental protection works; Flood mitigation works; Roads; Water recycling facilities; Waterbodies (artificial)

4 Prohibited

Any development not specified in item 2 or 3

Zone RE2   Private Recreation

1 Objectives of zone

•  To enable land to be used for private 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.

2 Permitted without consent

Nil

3 Permitted with consent

Boat launching ramps; Caravan parks; Community facilities; Drainage; Earthworks; Electricity generating works; Environmental facilities; Environmental protection works; Extensive agriculture; Flood mitigation works; Information and education facilities; Kiosks; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Roads; Signage; Water recycling facilities; Water supply systems; Waterbodies (artificial)

4 Prohibited

Any development not specified in item 3

Zone E2   Environmental Conservation

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.

2 Permitted without consent

Nil

3 Permitted with consent

Drainage; Earthworks; Environmental facilities; Environmental protection works; Flood mitigation works; Information and education facilities; Kiosks; Recreation areas; Roads; Signage; Waterbodies (artificial)

4 Prohibited

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 item 2 or 3

Part 4 Principal development standards

4.1 Minimum subdivision lot size

(1)  The objectives of this section are as follows—

(a)  to ensure orderly and efficient use of land,

(b)  to ensure a minimum lot size sufficient for development,

(c)  to allow for a range of lot sizes that cater for a diversity of land uses and employment activities.

(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 Precinct Plan.

(3)  The size of any lot resulting from any such 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 individual lots in a strata plan or community title scheme.

4.3 Height of buildings

(1)  The objectives of this section are as follows—

(a)  to establish the maximum height of buildings on land within the Riverstone West Precinct,

(b)  to provide for a range of building heights in appropriate locations that provide a high quality urban form,

(c)  to provide appropriate height controls for commercial and industrial development,

(d)  to establish parameters for and promote a high quality built form.

(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.

(3)  In this section, building height (or height of building) means the vertical distance between ground level (finished) at any point 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.

4.4 Floor space ratio

(1)  The objectives of this section are as follows—

(a)  to control the maximum density of development within Zone B7 Business Park,

(b)  to control the bulk and scale of buildings within Zone B7 Business Park,

(c)  to establish maximum floor space ratios for light industrial use to ensure economic and orderly development of Zone B7 Business Park.

(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.

(3)  The maximum floor space ratio for any building (or part of a building) within Zone B7 Business Park used for the purpose of light industry is not to exceed 0.7:1.

Note—

See section 6.4 for possible additional floor space.

4.5 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 Precinct Plan 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 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 Precinct Plan 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.

4.5A Shops—maximum gross floor area

(1)  The total gross floor area used for the purpose of shops (including neighbourhood shops) on all land within Zone B7 Business Park must not exceed 3,500 square metres.

(2)  The total gross floor area used for shops (other than premises for the retail of office supplies) in a particular development for that purpose on land within Zone B7 Business Park must not exceed 500 square metres.

4.6 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)  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 to development that contravenes a development standard unless the consent authority is satisfied the applicant for development consent has demonstrated that—

(a)  compliance with the development standard is unreasonable or unnecessary in the circumstances, and

(b)  there are sufficient environmental planning grounds to justify the contravention of the development standard.

Note—

The Environmental Planning and Assessment Regulation 2021 requires the development application to be accompanied by a document setting out the grounds on which the applicant seeks to demonstrate the matters in paragraphs (a) and (b).

(4)  The consent authority must keep a record of its assessment carried out under subsection (3).

(5)    (Repealed)

(6)  Consent must not be granted under this section for a subdivision of land within 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.

(7)    (Repealed)

(8)  This section does not allow consent to be granted for development that would contravene any of the following—

(a)  a development standard for complying development,

(b)  a development standard that arises, under the regulations under the Act, in connection with a commitment set out in a BASIX certificate for a building to which State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 applies or for the land on which such a building is situated,

(c)  section 5.4.

Part 5 Miscellaneous provisions

5.1 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

This Table is blank on the making of this Precinct Plan.

(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 is required to take action to enable the designation of the acquiring authority under this Part. 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).

5.2 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 and certain Crown land). 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 Precinct Plan to discharge trusts on which public reserves are held if the land is reclassified under this Precinct Plan as operational land.

(2)  The public land described in Part 1 or Part 2 of Schedule 4 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 4 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 4—

(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 4, 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 4, 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 4.

5.3 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 30 metres between any 2 zones.

(3)  This section does not apply to—

(a)  land zoned E2 Environmental Conservation, or

(b)  land proposed to be developed for the purpose of sex services or restricted premises.

(4)  Despite the provisions of this Precinct Plan relating to the purposes for which development may be carried out, consent may be granted to development of land to which this section applies for any purpose that may be carried out in the adjoining zone, but only if the consent authority is satisfied that—

(a)  the development is not inconsistent with the objectives for development in both zones, and

(b)  the carrying out of the development is desirable due to compatible land use planning, infrastructure capacity and other planning principles relating to the efficient and timely development of land.

(5)  The section does not prescribe a development standard that may be varied under this Precinct Plan.

5.4 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 Precinct Plan, the accommodation that is provided to guests must consist of no more than 3 bedrooms.

(2) Home businesses If development for the purposes of a home business is permitted under this Precinct Plan, 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 Precinct Plan, 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 Precinct Plan, the retail floor area must not exceed—

(a)  40% of the combined gross floor area of the industrial retail outlet and the building or place on which the relevant industry is carried out, or

(b)  400 square metres,

whichever is the lesser.

(5) Farm stay accommodation If development for the purposes of farm stay accommodation is permitted under this Precinct Plan, the accommodation that is provided to guests must consist of no more than 3 bedrooms.

(6) Kiosks If development for the purposes of a kiosk is permitted under this Precinct Plan, the gross floor area must not exceed 30 square metres.

(7) Neighbourhood shops If development for the purposes of a neighbourhood shop is permitted under this Precinct Plan, the retail floor area must not exceed 100 square metres.

(8) Roadside stalls If development for the purposes of a roadside stall is permitted under this Precinct Plan, the gross floor area must not exceed 8 square metres.

(9) Secondary dwellings If development for the purposes of a secondary dwelling is permitted under this Precinct Plan, the total floor area of the dwelling (excluding any area used for parking) must not exceed whichever of the following is the greater—

(a)  110 square metres,

(b)  30% of the total floor area of both the self-contained dwelling and the principal dwelling.

5.6 Architectural roof features

(1)  The objectives of this section are—

(a)  to ensure that architectural roof features are decorative elements only, and

(b)  to ensure that the majority of the roof features are contained within the prescribed building height.

(2)  Development that includes an architectural roof feature that exceeds, or causes a building to exceed, the height limits set by section 4.3 may be carried out, but only with consent.

(3)  Development consent must not be granted to any such development unless the consent authority is satisfied that—

(a)  the architectural roof feature—

(i)  comprises a decorative element on the uppermost portion of a building, and

(ii)  is not an advertising structure, and

(iii)  does not include floor space area and is not reasonably capable of modification to include floor space area, and

(iv)  will cause minimal overshadowing, and

(b)  any building identification signage or equipment for servicing the building (such as plant, lift motor rooms, fire stairs and the like) contained in or supported by the roof feature is fully integrated into the design of the roof feature.

5.8 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.

(5)  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.

5.9 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 Planning Secretary.

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)  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, or

(f)  existing native vegetation areas to which section 6.6 of this Precinct Plan applies, or

(g)  native vegetation retention areas to which section 6.7 of this Precinct Plan applies.

5.11 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.

5.12 Infrastructure development and use of existing buildings of the Crown

(1)  This Precinct Plan does not restrict or prohibit, or enable the restriction or prohibition of, the carrying out of any development, by or on behalf of a public authority, that is permitted to be carried out without consent under the State Environmental Planning Policy (Infrastructure) 2007.

(2)  This Precinct Plan does not restrict or prohibit, or enable the restriction or prohibition of, the use of existing buildings of the Crown by the Crown.

Part 6 Additional local provisions

6.1 Public utility infrastructure

(1)  The consent authority must not grant development consent to development on land to which this Precinct Plan applies unless it is satisfied that any public utility infrastructure that is essential for the proposed development is available or that adequate arrangements have been made to make that infrastructure available when required.

(2)  In this section, public utility infrastructure includes infrastructure for any of the following—

(a)  the supply of water,

(b)  the supply of electricity,

(c)  the disposal and management of sewage.

(3)  This section does not apply to development for the purpose of providing, extending, augmenting, maintaining or repairing any public utility infrastructure referred to in this section.

6.2 Development in Zone E2 Environmental Conservation

(1)  This section applies to land within Zone E2 Environmental Conservation (other than any such land owned by a public authority).

(2)  Despite any other provision of this Precinct Plan, the consent authority must not grant development consent for development on land to which this section applies unless it has considered a vegetation management plan that relates to all of that land.

(3)  The vegetation management plan must address, to the satisfaction of the consent authority, the following matters—

(a)  the environmental values of the land,

(b)  methods to be used to revegetate and rehabilitate the land,

(c)  weed control,

(d)  the monitoring and ongoing management of the land,

(e)  other measures—

(i)  to control threats to the health of any remnant riparian vegetation on the land, and

(ii)  to increase species diversification and riparian vegetation cover on the land, and

(iii)  to improve the land’s resistance to future weed colonisation.

6.3 Subdivision or other development of certain land

(1)  The objectives of this section are as follows—

(a)  to ensure the rehabilitation and revegetation of land within the Riverstone West Precinct that is within Zone E2 Environmental Conservation (other than any such land owned by a public authority),

(b)  to ensure that land within the Riverstone West Precinct is managed and conserved in a holistic and sensitive manner.

(2)  This section applies to all land within the Riverstone West Precinct other than—

(a)  land within Zone SP2 Infrastructure, and

(b)  land within Zone E2 Environmental Conservation that is owned by a public authority.

(3)  Despite any other provision of this Precinct Plan, the consent authority must not grant consent for subdivision of land to which this section applies or any other development on that land unless it is satisfied that—

(a)  appropriate arrangements have been made for the revegetation and rehabilitation of that land that is within the Riverstone West Precinct within Zone E2 Environmental Conservation, and

(b)  those arrangements—

(i)  provide for the ongoing monitoring and management of that land, and

(ii)  will take effect before, or simultaneously with, the proposed subdivision or development concerned, and

(iii)  are appropriate when considered in conjunction with any vegetation management plan prepared in accordance with section 6.2.

6.4 Development of land within Zone B7 Business Park—additional floor space ratio

(1)  This section applies to land within Zone B7 Business Park.

(2)  The objectives of this section are as follows—

(a)  to encourage the rehabilitation and revegetation of land within the Riverstone West Precinct that is within Zone E2 Environmental Conservation,

(b)  to ensure that land within the Riverstone West Precinct is managed and conserved in a holistic and sensitive manner,

(c)  to encourage community title subdivision.

(3)  If all of the land within the Riverstone West Precinct that is within Zone B7 Business Park and Zone E2 Environmental Conservation (other than any such Zone E2 land owned by a public authority)—

(a)  is the subject of a subdivision undertaken in accordance with the Community Land Development Act 1989 for a neighbourhood scheme, and

(b)  all the land within Zone E2 Environmental Conservation (other than any such land owned by a public authority) forms neighbourhood property under that scheme,

then, despite section 4.4(2), the maximum floor space ratio for a building on land within Zone B7 Business Park is—

(d)  2.25:1—for land shown with a floor space ratio of 1.75:1 on the Floor Space Ratio Map, or

(e)  3.25:1—for land shown with a floor space ratio of 2.75:1 on the Floor Space Ratio Map.

6.5 Educational establishments, hotels, motels, office premises and registered clubs on certain land within Zone IN1 Light Industrial

(1)  This section applies to the land shown hatched on the Land Zoning Map.

(2)  Despite any other provision of this Precinct Plan, the consent authority may grant consent to development for the purposes of educational establishments, hotel or motel accommodation, office premises or registered clubs, but only if the development is associated with or to be carried out in conjunction with development for the purposes of a recreation facility (outdoor).

6.6 Development controls—existing native vegetation

(1)  The objective of this section is to manage existing native vegetation in accordance with the relevant biodiversity measures under Part 7 of Schedule 7 to the Threatened Species Conservation Act 1995.

(2)  This section applies to land within an existing native vegetation area as shown on the Native Vegetation Protection Map.

(3)  This section does not apply to any vegetation declared to be noxious weeds under the Noxious Weeds Act 1993.

(4)  The consent authority must not grant development consent for development on land to which this section applies unless it is satisfied that the proposed development will not result in the clearing of any existing native vegetation (within the meaning of the relevant biodiversity measures under Part 7 of Schedule 7 to the Threatened Species Conservation Act 1995).

6.7 Development controls—native vegetation retention areas

(1)  The objective of this section is to prevent the clearing of certain native vegetation.

(2)  This section applies to land within a native vegetation retention area as shown on the Native Vegetation Protection Map.

(3)  This section does not apply to native vegetation that the Council is satisfied—

(a)  is dying or dead and is not required as the habitat of native fauna, or

(b)  is a risk to human life or property.

(4)  This section does not apply to any native vegetation—

(a)  within a State forest, or land reserved from sale as a timber or forest reserve under the Forestry Act 1916, or

(b)  declared to be noxious weeds under the Noxious Weeds Act 1993.

(5)  A person must not clear native vegetation on land to which this section applies without—

(a)  approval under Part 3A of the Act, or

(b)  development consent.

(6)  Development consent under this section is not to be granted unless the consent authority is satisfied of the following in relation to the disturbance of native vegetation—

(a)  that there is no reasonable alternative available to the disturbance of the native vegetation,

(b)  that as little native vegetation as possible will be disturbed,

(c)  that the disturbance of the native vegetation will not increase salinity,

(d)  that native vegetation disturbed for the purposes of construction will be reinstated where possible on completion of construction,

(e)  that the loss of remnant native vegetation caused by the disturbance will be compensated by revegetation on or near the land to avoid any net loss of remnant native vegetation,

(f)  that no more than 0.5 hectares of native vegetation will be cleared unless the clearing is essential for a previously permitted use of the land.

(7)  The consent authority must, when determining a development application in respect of the clearing of native vegetation on land within a zone under this Precinct Plan, have regard to the objectives for development in that zone.

(8)  This section does not apply to or in respect of action required or authorised to be done by or under the Electricity Supply Act 1995, the Roads Act 1993, the Surveying Act 2002 or the Sydney Water Act 1994.

Schedule 1 Additional permitted uses

(Section 2.5)

1 Certain land adjoining Zone B7 Business Park

(1)  This section applies to that part of Lot 10, DP 736235 that is within Zone SP2 Infrastructure.

(2)  Development that is permitted with consent on land within Zone B7 Business Park is permitted with consent on land to which this section applies.

Schedule 4 Classification and reclassification of public land

(Section 5.2)

This schedule is blank on the making of this Precinct Plan.

Part 1 Land classified, or reclassified, as operational land—no interests changed

Column 1	Column 2
Locality	Description

Part 2 Land classified, or reclassified, as operational land—interests changed

Column 1	Column 2	Column 3
Locality	Description	Any trusts etc not discharged

Part 3 Land classified, or reclassified, as community land

Column 1	Column 2
Locality	Description

Appendix 6: Am 2022 (835), Sch 1[28]; 2023 (524), Sch 1.2[1]; 2024 (63), Sch 1[7].

sch 6: Rep 2024 (63), Sch 1[16].

Appendix 7 Alex Avenue and Riverstone Precinct Plan 2010

section 3.10

sch 7, hdg: Subst 2024 (63), Sch 1[17].

Part 1 Preliminary

Note—

The Standard Instrument (Local Environmental Plans) Order 2006 sets out matters to be included in standard local environmental plans. While this Precinct Plan 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 Precinct Plan and the clause numbering from that order has been retained. This means that the numbering in this Precinct Plan may contain some gaps. Additional provisions have been inserted and are numbered accordingly.

1.1 Name of Precinct Plan

This Precinct Plan is the Alex Avenue and Riverstone Precinct Plan 2010.

1.2 Aims of Precinct Plan

The particular aims of this Precinct Plan are as follows—

(a)  to make development controls for land in the Alex Avenue and Riverstone Precincts within the North West Growth Centre that will ensure the creation of quality environments and good design outcomes,

(b)  to protect and enhance the environmentally sensitive and natural areas and the cultural heritage of those Precincts,

(c)  to provide for recreational opportunities within those Precincts,

(d)  to provide for multifunctional and innovative development in those Precincts that encourages employment and economic growth,

(e)  to promote housing choice and affordability in those Precincts,

(f)  to provide for the sustainable development of those Precincts,

(g)  to promote pedestrian and vehicle connectivity with adjoining Precincts and localities and within the Alex Avenue and Riverstone Precincts,

(h)  to provide transport infrastructure to meet the needs of the community,

(i)  to provide for the orderly development of the Riverstone Scheduled Lands.

1.3 Land to which Precinct Plan applies

This Precinct Plan applies to land within the Alex Avenue and Riverstone Precincts as shown on the Land Application Map.

Note—

The Land Application Map differs from the Precinct Boundary Map and, as such, this Precinct Plan does not apply to all the land within the Alex Avenue and Riverstone Precincts (as shown on the Precinct Boundary Map).

1.4 Definitions

In this Precinct Plan—

Council means the Blacktown City Council.

Riverstone Scheduled Lands means the land within the Riverstone Precinct shown as the Riverstone Scheduled Lands on the Land Zoning Map.

1.6 Consent authority

The consent authority for the purposes of this Precinct Plan is (subject to the Act) the Council.

1.8 Repeal of other local planning instruments applying to land

(1)  All local environmental plans and deemed environmental planning instruments applying only to the land to which this Precinct Plan applies are repealed.

(2)  All local environmental plans and deemed environmental planning instruments applying to the land to which this Precinct Plan applies and to other land cease to apply to the land to which this Precinct Plan applies.

(3)  This section does not affect the operation of other provisions of this State Environmental Planning Policy.

1.8A Savings provision relating to pending development applications

If a development application has been made before the commencement of this Precinct Plan in relation to land to which this Precinct Plan applies and the application has not been finally determined before that commencement, the application must be determined as if this Precinct Plan had been exhibited but had not commenced.

1.9 Application of SEPPs

(1)  This Precinct Plan is subject to the provisions of any State environmental planning policy that prevails over this Precinct Plan as provided by section 3.28 of the Act.

Note—

Section 3.28 of the Act generally provides that SEPPs prevail over LEPs. However, an environmental planning instrument may (by an additional provision included in the instrument) displace or amend a SEPP or LEP to deal specifically with the relationship between the instrument and the SEPP or LEP.

(2)  State Environmental Planning Policy No 1—Development Standards does not apply to the land to which this Precinct Plan applies.

(3)  Subject to section 74(1) of the Act, in the event of an inconsistency between this Precinct Plan and any other provision of this State Environmental Planning Policy or any other environmental planning instrument whether made before or after the commencement of this Precinct Plan, this Precinct Plan prevails to the extent of the inconsistency.

Note—

The other provisions of this State Environmental Planning Policy also contain provisions applying development controls to the North West Growth Centre, including the Alex Avenue and Riverstone Precincts.

1.9A Suspension of covenants, agreements and instruments

(1)  For the purpose of enabling development on land within any zone to be carried out in accordance with this Precinct Plan 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 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, before the making of this section, the Governor approved of subsections (1)–(3).

Part 2 Permitted or prohibited development

2.1 Land use zones

The land use zones under this Precinct Plan are as follows—

Residential Zones

R2 Low Density Residential

R3 Medium Density Residential

Business Zones

B1 Neighbourhood Centre

B2 Local Centre

B4 Mixed Use

Industrial Zones

IN2 Light Industrial

Special Purpose Zones

SP2 Infrastructure

Recreation Zones

RE1 Public Recreation

Environment Protection Zones

E2 Environmental Conservation

Note—

At the commencement of this Precinct Plan, land within the Alex Avenue Precinct was within the R2 Low Density Residential Zone, the R3 Medium Density Residential Zone, the B2 Local Centre Zone, the B4 Mixed Use Zone, the SP2 Infrastructure Zone, and the RE1 Public Recreation Zone.

Land within the Riverstone Precinct was within the R2 Low Density Residential Zone, the R3 Medium Density Residential Zone, the B1 Neighbourhood Centre Zone, the IN2 Light Industrial Zone, the RE1 Public Recreation Zone and the E2 Environmental Conservation Zone.

2.2 Zoning of land to which Precinct Plan applies

For the purposes of this Precinct Plan, land is within the zones shown on the Land Zoning Map.

2.3 Zone objectives and land use table

(1)  The 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 consent, and

(c)  development that may be carried out only with 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 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 Precinct Plan) a reference to a type of building or other thing referred to separately in the Table in relation to the same zone.

(4)  This section is subject to the other provisions of this Precinct Plan.

Notes—

1 Schedule 1 sets out additional permitted uses for particular land.

2 Section 2.6 requires consent for subdivision of land.

3 Part 5 contains other provisions that require consent for particular development.

4 Part 6 sets out additional permitted uses for particular land.

2.4 Unzoned land

(1)  Development may be carried out on unzoned land only with consent.

(2)  Before granting 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.

2.5 Additional permitted uses for particular land

(1)  Development on particular land that is described or referred to in Schedule 1 to this Appendix may be carried out—

(a)  with consent, or

(b)  if the Schedule so provides—without 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 at the end of this Part or other provision of this Precinct Plan.

2.6 Subdivision—consent requirements

(1)  Land to which this Precinct Plan applies may be subdivided, but only with consent.

Note—

State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies certain subdivision development as exempt development.

2.6A Demolition requires consent

The demolition of a building or work may be carried out only with consent.

Note—

The demolition of certain buildings and works is identified in Schedules 1 and 2 to Chapter 3 and State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 as exempt or complying development.

2.6B 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 or on adjoining land or development.

(2)  Despite any other provision of this Precinct Plan, development consent may be granted for development on land 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 Precinct Plan and this or any other 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)  This section does not prescribe a development standard that may be varied under this Precinct Plan.

Land Use Table

Note—

Part 6 of this Precinct Plan sets out local provisions which include additional permissible land uses and heads of consideration for assessment.

Zone R2   Low Density Residential

1 Objectives of zone

•  To provide for the housing needs of the community within a low density residential environment.

•  To enable other land uses that provide facilities or services to meet the day to day needs of residents.

•  To allow people to carry out a reasonable range of activities from their homes, where such activities are not likely to adversely affect the living environment of neighbours.

•  To support the well being of the community, by enabling educational, recreational, community, religious and other activities where compatible with the amenity of a low density residential environment.

2 Permitted without consent

Home occupations

3 Permitted with consent

Bed and breakfast accommodation; Business identification signs; Centre-based child care facilities; Community facilities; Drainage; Dual occupancies; Dwelling houses; Earthworks; Educational establishments; Environmental protection works; Exhibition homes; Exhibition villages; Group homes; Health consulting rooms; Home-based child care; Home businesses; Home industries; Neighbourhood shops; Places of public worship; Roads; Secondary dwellings; Semi-detached dwellings; Shop top housing; Studio dwellings; Veterinary hospitals

4 Prohibited

Any other development not specified in item 2 or 3

Zone R3   Medium Density Residential

1 Objectives of zone

•  To provide for the housing needs of the community within a medium density residential environment.

•  To provide a variety of housing types within a medium density residential environment.

•  To enable other land uses that provide facilities or services to meet the day to day needs of residents.

•  To support the well being of the community, by enabling educational, recreational, community, and other activities where compatible with the amenity of a medium density residential environment.

2 Permitted without consent

Home occupations

3 Permitted with consent

Attached dwellings; Bed and breakfast accommodation; Boarding houses; Centre-based child care facilities; Community facilities; Dual occupancies; Dwelling houses; Group homes; Manor homes; Multi dwelling housing; Neighbourhood shops; Places of public worship; Residential flat buildings; Roads; Secondary dwellings; Semi-detached dwellings; Seniors housing; Shop top housing; Studio dwellings; Any other development not specified in item 2 or 4

4 Prohibited

Agriculture; Air transport facilities; Airstrips; Amusement centres; Boat repair facilities; Boat sheds; Business premises; Caravan parks; Cemeteries; Charter and tourism boating facilities; Correctional centres; Crematoria; Depots; Electricity generating works; Entertainment facilities; Extractive industries; Freight transport facilities; Function centres; Helipads; Highway service centres; Home occupations (sex services); Industrial retail outlets; Industries; Information and education facilities; Marinas; Mortuaries; Office premises; Passenger transport facilities; Port facilities; Public administration buildings; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Restriction facilities; Retail premises; Rural supplies; Rural workers’ dwellings; Service stations; Sex services premises; Signage; Storage premises; Tourist and visitor accommodation; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Vehicle sales or hire premises; Waste management facilities; Waste or resource management facilities; Wholesale supplies

Zone B1   Neighbourhood Centre

1 Objectives of zone

•  To provide a range of small-scale retail, business and community uses that serve the needs of people who live or work in the surrounding neighbourhood.

•  To ensure the scale and type of business development is compatible with the scale of the surrounding area.

•  To ensure residential development does not preclude the provision of active retail, business and community uses at street level.

•  To allow for residential development that does not detract from the primary function of the zone which is to provide retail, business and community uses to serve the community.

•  To promote a sense of place and focal points for the local community.

2 Permitted without consent

Home occupations

3 Permitted with consent

Business premises; Car parks; Centre-based child care facilities; Community facilities; Educational establishments; Entertainment facilities; Food and drink premises; Function centres; Information and education facilities; Markets; Neighbourhood shops; Recreation facilities (indoor); Retail premises; Roads; Service stations; Shop top housing; Vehicle repair stations; Any other development not specified in item 2 or 4

4 Prohibited

Agriculture; Air transport facilities; Airstrips; Biosolids treatment facilities; Boat repair facilities; Boat sheds; Bulky goods premises; Caravan parks; Cemeteries; Correctional centres; Crematoria; Depots; Electricity generating works; Exhibition villages; Extractive industries; Farm buildings; Freight transport facilities; Funeral chapels; Funeral homes; Helipads; Highway service centres; Home occupations (sex services); Industrial retail outlets; Industries; Landscape and garden supplies; Mortuaries; Office premises; Passenger transport facilities; Port facilities; Registered clubs; Residential accommodation; Restriction facilities; Rural supplies; Sex services premises; Storage premises; Timber and building supplies; Tourist and visitor accommodation; Transport depots; Vehicle body repair workshops; Warehouse or distribution centres; Waste management facilities; Waste or resource management facilities

Zone B2   Local Centre

1 Objectives of zone

•  To provide a range of retail, business, entertainment and community uses that serve the needs of people who live in, work in and visit the local area.

•  To encourage employment opportunities in accessible locations.

•  To maximise public transport patronage and encourage walking and cycling.

•  To provide for residential development that contributes to the vitality of the local centre.

•  To ensure that residential development within the centre does not detract from the primary function of the centre being to provide for retail, business, entertainment and community uses.

•  To facilitate active retail, commercial, entertainment and community facility uses at ground level of mixed use developments.

•  To encourage development which will contribute to the economic growth of, and creation of employment opportunities within, the City of Blacktown.

2 Permitted without consent

Home occupations

3 Permitted with consent

Business premises; Centre-based child care facilities; Community facilities; Educational establishments; Entertainment facilities; Function centres; Information and education facilities; Office premises; Passenger transport facilities; Recreation facilities (indoor); Registered clubs; Retail premises; Roads; Service stations; Shop top housing; Tourist and visitor accommodation; Vehicle repair stations; Any other development not specified in item 2 or 4

4 Prohibited

Agriculture; Air transport facilities; Airstrips; Biosolids treatment facilities; Boat repair facilities; Boat sheds; Caravan parks; Cemeteries; Correctional centres; Crematoria; Depots; Electricity generating works; Exhibition villages; Extractive industries; Farm buildings; Freight transport facilities; Funeral chapels; Funeral homes; Helipads; Highway service centres; Home occupations (sex services); Industrial retail outlets; Industries; Mortuaries; Port facilities; Residential accommodation; Restricted premises; Restriction facilities; Roadside stalls; Rural industries; Rural supplies; Rural workers’ dwellings; Sex services premises; Storage premises; Transport depots; Vehicle body repair workshops; Warehouse or distribution centres; Waste management facilities; Waste or resource management facilities

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 facilitate active retail, commercial, entertainment and community uses at ground level of mixed use developments.

•  To provide for residential development that contributes to the vitality of the local centre.

•  To ensure that residential development adjacent to the local centre does not detract from the primary function of the centre being to provide for retail, business, entertainment and community uses.

2 Permitted without consent

Home occupations

3 Permitted with consent

Boarding houses; Business premises; Car parks; 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; Residential flat buildings; Retail premises; Roads; Seniors housing; Shop top housing; Any other development not specified in item 2 or 4

4 Prohibited

Agriculture; Air transport facilities; Airstrips; Biosolids treatment facilities; Boat repair facilities; Boat sheds; Bulky goods premises; Caravan parks; Cemeteries; Correctional centres; Crematoria; Depots; Exhibition villages; Extractive industries; Farm buildings; Freight transport facilities; Funeral chapels; Funeral homes; Helipads; Highway service centres; Home occupations (sex services); Industrial retail outlets; Industries; Mortuaries; Port facilities; Public administration buildings; Recreation facilities (major); Residential accommodation; Restricted premises; Rural industries; Rural supplies; Rural workers’ dwellings; Sex services premises; Storage premises; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Warehouse or distribution centres; Waste management facilities; Waste or resource management facilities; Wholesale supplies

Zone IN2   Light Industrial

1 Objectives of zone

•  To provide a wide range of light industrial, warehouse and related uses.

•  To encourage employment opportunities.

•  To minimise any adverse effect of industry on other land uses.

•  To enable other land uses that provide facilities that meet the day to day needs of workers in the area.

2 Permitted without consent

Nil

3 Permitted with consent

Depots; Drainage; Earthworks; Food and drink premises; Freight transport facilities; Funeral chapels; Funeral homes; Landscape and garden supplies; Light industries; Mortuaries; Neighbourhood shops; Resource recovery facilities; Roads; Service stations; Timber and building supplies; Vehicle body repair workshops; Vehicle repair stations; Vehicle sales or hire premises; Warehouse or distribution centres; Waste or resource transfer stations; Any other development not specified in item 2 or 4

4 Prohibited

Agriculture; Air transport facilities; Airstrips; Bulky goods premises; Business premises; Caravan parks; Cemeteries; Correctional centres; Entertainment facilities; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Function centres; Helipads; Home-based child care; Home businesses; Home industries; Home occupations; Home occupations (sex services); Hospitals; Industries; Information and education facilities; Office premises; Public administration buildings; Recreation facilities (major); Recreation facilities (outdoor); Residential accommodation; Restriction facilities; Retail premises; Tourist and visitor accommodation; Waste or resource management facilities

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.

2 Permitted without consent

Nil

3 Permitted with consent

The purpose shown on the Land Zoning Map, including any development that is ordinarily incidental or ancillary to development for that purpose; Drainage; Earthworks; Environmental protection works; Flood mitigation works; Roads; Water recycling facilities; Waterbodies (artificial)

4 Prohibited

Any other 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.

2 Permitted without consent

Nil

3 Permitted with consent

Building identification signs; Business identification signs; Community facilities; Drainage; Earthworks; Environmental facilities; Environmental protection works; Flood mitigation works; Kiosks; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Roads; Water recycling facilities; Waterbodies (artificial)

4 Prohibited

Any development not specified in item 2 or 3

Zone E2   Environmental Conservation

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.

2 Permitted without consent

Nil

3 Permitted with consent

Drainage; Earthworks; Environmental facilities; Environmental protection works; Flood mitigation works; Information and education facilities; Kiosks; Recreation areas; Roads; Signage; Waterbodies (artificial)

4 Prohibited

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 item 2 or 3

Part 4 Principal development standards

4.1A Minimum lot sizes for residential development in non-residential zones

(1)  The objectives of this section are as follows—

(a)  to establish minimum lot sizes for residential development,

(b)  to ensure that residential development in the Alex Avenue and Riverstone Precincts results in the efficient use of land and contributes to the supply of new housing in the North West Growth Centre,

(c)  to ensure that residential development has adequate usable areas for buildings and open space,

(d)  to ensure that residential development is compatible with the character of the Alex Avenue and Riverstone Precincts and with surrounding residential areas,

(e)  to facilitate and encourage the provision of a range of dwelling types.

(2)  The minimum lot size for residential flat buildings is 2,000m².

(3)  This section does not apply to land in Zone R2 Low Density Residential or Zone R3 Medium Density Residential.

4.1AB Minimum lot sizes for residential development in Zone R2 Low Density Residential and Zone R3 Medium Density Residential

(1)  The objectives of this section are as follows—

(a)  to establish minimum lot sizes for residential development in Zone R2 Low Density Residential and Zone R3 Medium Density Residential,

(b)  to ensure that residential development in the Alex Avenue and Riverstone Precincts results in the efficient use of land and contributes to the supply of new housing in the North West Growth Centre,

(c)  to ensure that residential development has adequate usable areas for buildings and open space,

(d)  to ensure that residential development is compatible with the character of the Alex Avenue and Riverstone Precincts and with surrounding residential areas,

(e)  to facilitate and encourage the provision of a range of residential lot types, in particular, small lot housing.

(2)  This section applies to land in the following zones—

(a)  Zone R2 Low Density Residential,

(b)  Zone R3 Medium Density Residential.

(3)  The minimum lot size for a dwelling house is 300m² if the dwelling density (per hectare) shown on the Residential Density Map in relation to the land is 12.5, 15, 20, 25, 40 or 45.

(4)  The minimum lot size for a dual occupancy is—

(a)  600m² if the dwelling density (per hectare) shown on the Residential Density Map in relation to the land is 12.5, or

(b)  500m² if the dwelling density (per hectare) shown on the Residential Density Map in relation to the land is 15 or 20, or

(c)  400m² if the dwelling density (per hectare) shown on the Residential Density Map in relation to the land is 25, or

(d)  250m² if the dwelling density (per hectare) shown on the Residential Density Map in relation to the land is 40 or 45.

(5)  The minimum lot size for a semi-detached dwelling is—

(a)  300m² if the dwelling density (per hectare) shown on the Residential Density Map in relation to the land is 12.5, or

(b)  200m² if the dwelling density (per hectare) shown on the Residential Density Map in relation to the land is 15, or

(b1)  150m² if the dwelling density (per hectare) shown on the Residential Density Map in relation to the land is 20, or

(c)  125m² if the dwelling density (per hectare) shown on the Residential Density Map in relation to the land is 25, 40 or 45.

(6)  The minimum lot size for an attached dwelling is—

(a)  1,500m² if the dwelling density (per hectare) shown on the Residential Density Map in relation to the land is 15, or

(b)  375m² if the dwelling density (per hectare) shown on the Residential Density Map in relation to the land is 20, 25, 40 or 45.

(7)  The minimum lot size for multi dwelling housing is—

(a)  1,500m² if the dwelling density (per hectare) shown on the Residential Density Map in relation to the land is 15 or 20, or

(b)  375m² if the dwelling density (per hectare) shown on the Residential Density Map in relation to the land is 25, 40 or 45.

(8)  The minimum lot size for a manor home is 600m² if the dwelling density (per hectare) shown on the Residential Density Map in relation to the land is 20, 25, 40 or 45.

(9)  The minimum lot size for a residential flat building is—

(a)  2,000m² if the dwelling density (per hectare) shown on the Residential Density Map in relation to the land is 25, or

(b)  1,000m² if the dwelling density (per hectare) shown on the Residential Density Map in relation to the land is 40 or 45.

4.1AC Minimum lot sizes for secondary dwellings in Zone R2 Low Density Residential and Zone R3 Medium Density Residential

(1)  This section applies to land in the following zones—

(a)  Zone R2 Low Density Residential,

(b)  Zone R3 Medium Density Residential.

(2)  The minimum lot size for a secondary dwelling on land in Zone R2 Low Density Residential is 450m².

(3)  The minimum lot size for a secondary dwelling on land in Zone R3 Medium Density Residential is the minimum lot size for the principal dwelling in conjunction with which the secondary dwelling is established as determined in accordance with section 4.1AB, 4.1AE or 4.1AG.

4.1AD Subdivision resulting in lots between 225–300m 2

(1)  This section applies to land in the following zones—

(a)  Zone R2 Low Density Residential,

(b)  Zone R3 Medium Density Residential.

(2)  Development consent may be granted to the subdivision of land to which this section applies resulting in the creation of a lot that has an area of less than 300m² (but not less than 225m²) if the consent authority is satisfied that the lot will contain a sufficient building envelope to enable the erection of a dwelling house on the lot under section 4.1AE or 4.1AF.

(3)  This section does not apply to a subdivision that is the subject of a development application referred to in 4.1AE(2)(b) or 4.1AF(2)(b).

4.1AE Exceptions to minimum lot sizes for dwelling houses

(1)  This section applies to the following—

(a)  a lot in Zone R2 Low Density Residential that has an area of less than 300m² (but not less than 250m²) if the dwelling density (per hectare) shown on the Residential Density Map for the land is 15,

(b)  a lot in Zone R2 Low Density Residential that has an area of less than 300m² (but not less than 225m²) if the dwelling density (per hectare) shown on the Residential Density Map for the land is 20,

(c)  a lot in Zone R3 Medium Density Residential that has an area of less than 300m² (but not less than 225m²) if the dwelling density (per hectare) shown on the Residential Density Map for the land is not less than 25.

(2)  Despite section 4.1AB, development consent may be granted to the erection of a dwelling house on a lot to which this section applies if—

(a)  the lot results from a subdivision to which development consent has been granted in accordance with section 4.1AD and, in determining the development application for the erection of the dwelling house, the consent authority considers any information that it considered for the purposes of that section in determining the development application for that subdivision, or

(b)  the development application is a single development application for development consisting of both of the following—

(i)  the subdivision of land into 2 or more lots,

(ii)  the erection of the dwelling house on one of the lots resulting from the subdivision.

4.1AF Exceptions to minimum lot sizes for dwelling houses on other lots in Zone R2 Low Density Residential

(1)  This section applies to a lot in Zone R2 Low Density Residential that has an area that is less than 250m² (but not less than 225m²) if the dwelling density (per hectare) shown on the Residential Density Map for the land is 15.

(2)  Despite section 4.1AB(3), development consent may be granted to the erection of a dwelling house on a lot to which this section applies if the lot meets the requirements of subsection (3) and—

(a)  the lot results from a subdivision for which development consent has been granted in accordance with section 4.1AD and, in determining the development application for the erection of the dwelling house, the consent authority considers any information that it considered for the purposes of that section in determining the development application for that subdivision, or

(b)  the development application is a single development application for development consisting of both of the following—

(i)  the subdivision of land into 2 or more lots,

(ii)  the erection of the dwelling house on one of the lots resulting from the subdivision.

(3)  A lot meets the requirements of this subsection if—

(a)  the lot adjoins land within Zone RE1 Public Recreation, or is separated from that land only by a public road, or

(b)  the lot adjoins land within Zone B1 Neighbourhood Centre, Zone B2 Local Centre or Zone B4 Mixed Use, or is separated from that land only by a public road, or

(c)  the lot is within 400m of land within Zone B1 Neighbourhood Centre or Zone B2 Local Centre and the lot—

(i)  adjoins land within Zone SP2 Infrastructure that is set aside for drainage or educational purposes, or

(ii)  is separated from land within Zone SP2 Infrastructure that is set aside for drainage or educational purposes only by a public road.

(4)  Despite subsection (2), development consent must not be granted to the erection of a dwelling house to which this section applies unless the consent authority is satisfied that the dwelling house—

(a)  will not adversely impact on the amenity of adjoining residential properties, and

(b)  will be designed and orientated to provide active frontages to and surveillance of the public recreation or drainage land, and

(c)  will not adversely impact on or limit solar access to adjoining residential or public open space land.

4.1AG Exceptions to minimum lot sizes for dwelling houses on small lots

(1)  This section applies to the following—

(a)  a lot in Zone R2 Low Density Residential that has an area of less than 225m² (but not less than 200m²) if the dwelling density (per hectare) shown on the Residential Density Map in relation to the land is 20, or

(b)  a lot in Zone R3 Medium Density Residential that has an area of less than 225m² (but not less than 125m²) if the dwelling density (per hectare) shown on the Residential Density Map in relation to the land is 25, 40 or 45.

(2)  Despite section 4.1AB(3), development consent may be granted to the erection of a dwelling house on a lot to which this section applies if the development application is a single development application for development consisting of both of the following—

(a)  the subdivision of land into 2 or more lots,

(b)  the erection of the dwelling house on one of the lots resulting from the subdivision.

4.1AH Minimum lot sizes in split zones

(1)  This section applies to each lot that contains land in Zone R2 Low Density Residential or Zone R3 Medium Density Residential and land in any other zone.

(2)  For the purposes of sections 4.1AB, 4.1AC and 4.1AE–4.1AG, a reference to the area of a lot—

(a)  in relation to land in Zone R2 Low Density Residential, means the area of that part of the lot that is in Zone R2 Low Density Residential, and

(b)  in relation to land in Zone R3 Medium Density Residential, means the area of that part of the lot that is in Zone R3 Medium Density Residential, and

(c)  does not include any part of the lot that is in any other zone.

4.1B Residential density

(1)  The objectives of this section are—

(a)  to establish minimum density requirements for residential development within the Alex Avenue and Riverstone Precincts, and

(b)  to ensure that residential development makes efficient use of land and infrastructure, and contributes to the availability of new housing, and

(c)  to ensure that the scale of residential development is compatible with the character of the precinct and adjoining land.

(2)  This section applies to residential development of the kind referred to in section 4.1AB or 4.1AC that—

(a)  is carried out on land to which this Precinct Plan applies that is shown on the Residential Density Map, and

(b)  requires development consent, and

(c)  is carried out after the commencement of this Precinct Plan.

(3)  The density of any residential development to which this section applies is not to be less than the density shown on the Residential