State Environmental Planning Policy (Sydney Region Growth Centres) 2006

Part 1 Preliminary

1 Name of Policy

This Policy is State Environmental Planning Policy (Sydney Region Growth Centres) 2006.

2 Aims of Policy

The aims of this Policy 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, the South West Growth Centre, the Wilton Growth Area and the Greater Macarthur Growth Area,

(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.

cl 2: Am 2016 (468), Sch 1 [1]–[3]; 2018 (146), Sch 1 [1]; 2019 (595), Sch 1[1].

3 Interpretation

(1)  In this Policy—

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 or on the South West Growth Centre Development Control Map.

Note—

The maps are based on information provided by relevant local councils and State agencies. The extent of flooding on the land shown as flood prone and major creeks is an estimate only. Inquiries should be made with relevant local councils to determine the extent of flood affectation. The extent of flooding is subject to review in the precinct planning process relating to the land.

growth centre means any of the following—

(a)  the North West Growth Centre with boundaries as shown on the North West Growth Centre Precinct Boundary Map,

(b)  the South West Growth Centre with boundaries as shown on the South West Growth Centre Precinct Boundary Map,

(c)  the Wilton Growth Area with boundaries as shown on the Wilton Growth Area Precinct Boundary Map (the Wilton Growth Area),

(d)  the Greater Macarthur Growth Area with boundaries as shown on the Greater Macarthur Growth Area Precinct Boundary Map (the Greater Macarthur Growth Area).

Note—

The areas of land referred to in paragraphs (a) and (b) were, but are no longer, growth centres 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, the South West Growth Centre Precinct Boundary Map, the Wilton Growth Area Precinct Boundary Map or the Greater Macarthur Growth Area Precinct Boundary Map.

growth centre structure plan means—

(a)  in relation to the North West Growth Centre, the structure plan for the growth centre, being 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, and

(b)  in relation to the South West Growth Centre, the structure plan for the growth centre, being 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, and

(c)  in relation to the Wilton Growth Area, the NSW Government’s Wilton 2040: A Plan for the Wilton Growth Area dated 28 September 2018 and published on the Department’s website, and

(d)  in relation to the Greater Macarthur Growth Area, the NSW Government’s Greater Macarthur 2040: An interim plan for the Greater Macarthur Growth Area published on the Department’s website in November 2018.

Precinct Plan means an Appendix to this Policy.

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 or on the South 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 Policy.

(2)  A reference in this Policy to a particular growth centre precinct is a reference to the area shown as the precinct on the Precinct Boundary Map for the growth centre.

Note—

See clause 7 for the growth centre precincts to which a Precinct Plan applies under this Policy.

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

(4)  Notes in this Policy are provided for guidance and do not form part of this Policy.

cl 3: Subst 2007 (642), Sch 1 [1]. Am 2008 No 122, Sch 11.4 [1]; 2008 (631), Sch 1 [1]–[4]; 2009 (392), Sch 1 [1] [2]; 2010 (117), Sch 1 [1]; 2016 (468), Sch 1 [4]–[6]; 2018 (146), Sch 1 [1]; 2019 (595), Sch 1[2]–[4]; 2021 (682), Sch 2[1]–[4].

3A Application of Standard Instrument land uses and other terms

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

(2)  In this Policy—

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.

cl 3A: Ins 2021 (682), Sch 2[5].

4 Consent authority

(1)  Except as provided by a Precinct Plan, the consent authority for the purposes of this Policy 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 subclause (1), the consent authority for the purposes of this Policy for land to which State Environmental Planning Policy (Western Sydney Parklands) 2009 applies is the consent authority stated in clause 10 of that Policy.

cl 4: Am 2007 (642), Sch 1 [2]. Am 2008 No 122, Sch 11.4 [2]; 2008 (631), Sch 1 [5]; 2009 (91), Sch 3.15 [1].

5 Land to which Policy applies

This Policy applies to all land in a growth centre.

cl 5: Am 2008 (632), Sch 1 [1].

6 Relationship with other environmental planning instruments

(1)  Subject to section 74(1) of the Act, in the event of an inconsistency between this Policy and another environmental planning instrument whether made before or after the commencement of this Policy, this Policy prevails to the extent of the inconsistency.

(2)    (Repealed)

cl 6: Am 2007 (642), Sch 1 [3].

6A Maps

(1)  A reference in this Policy to a named map adopted by this Policy is a reference to a map by that name—

(a)  approved by the Minister when the map is adopted, and

(b)  as amended or replaced from time to time by maps declared by environmental planning instruments to amend or replace that map, and approved by the persons making the instruments when the instruments are made.

(2)  Any 2 or more named maps may be combined into a single map. In that case, a reference in this Policy to any such named map is a reference to the relevant part or aspect of the single map.

(3)  Any such maps are to be kept and made available for public access in accordance with arrangements approved by the Minister.

(3A)  For the purposes of this Policy, a map may be in, and may be kept and made available in, electronic or paper form, or both.

(4)  A map referred to in this Policy, immediately before the commencement of this clause, is taken to be a map approved by the Minister under this clause.

cl 6A: Ins 2007 (642), Sch 1 [4]. Am 2008 (631), Sch 1 [6]; 2017 (720), cl 5.

6B Names of maps adopted by Policy

In this Policy—

Floor Space Ratio Map means the following—

(a)  for a precinct in the North West Growth Centre—the State Environmental Planning Policy (Sydney Region Growth Centres) 2006 North West Growth Centre Floor Space Ratio Map,

(b)  for a precinct in the South West Growth Centre—the State Environmental Planning Policy (Sydney Region Growth Centres) 2006 South West Growth Centre Floor Space Ratio Map.

Greater Macarthur Growth Area Precinct Boundary Map means the State Environmental Planning Policy (Sydney Region Growth Centres) 2006 Greater Macarthur Growth Area Precinct Boundary Map.

Height of Buildings Map means the following—

(a)  for a precinct in the North West Growth Centre—the State Environmental Planning Policy (Sydney Region Growth Centres) 2006 North West Growth Centre Height of Buildings Map,

(b)  for a precinct in the South West Growth Centre—the State Environmental Planning Policy (Sydney Region Growth Centres) 2006 South West Growth Centre Height of Buildings Map,

(c)  for a precinct in the Wilton Growth Area—the State Environmental Planning Policy (Sydney Region Growth Centres) 2006 Wilton Growth Area Height of Buildings Map.

Heritage Map means the following—

(a)  for a precinct in the North West Growth Centre—the State Environmental Planning Policy (Sydney Region Growth Centres) 2006 North West Growth Centre Heritage Map,

(b)  for a precinct in the South West Growth Centre—the State Environmental Planning Policy (Sydney Region Growth Centres) 2006 South West Growth Centre Heritage Map,

(c)  for a precinct in the Wilton Growth Area—the State Environmental Planning Policy (Sydney Region Growth Centres) 2006 Wilton Growth Area 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 following—

(a)  for a precinct in the North West Growth Centre—the State Environmental Planning Policy (Sydney Region Growth Centres) 2006 North West Growth Centre Land Application Map,

(b)  for a precinct in the South West Growth Centre—the State Environmental Planning Policy (Sydney Region Growth Centres) 2006 South West Growth Centre Land Application Map,

(c)  for a precinct in the Wilton Growth Area—the State Environmental Planning Policy (Sydney Region Growth Centres) 2006 Wilton Growth Area Land Application Map,

(d)  for a precinct in the Greater Macarthur Growth Area—the State Environmental Planning Policy (Sydney Region Growth Centres) 2006 Greater Macarthur Growth Area Land Application Map.

Land Reservation Acquisition Map means the following—

(a)  for a precinct in the North West Growth Centre—the State Environmental Planning Policy (Sydney Region Growth Centres) 2006 North West Growth Centre Land Reservation Acquisition Map,

(b)  for a precinct in the South West Growth Centre—the State Environmental Planning Policy (Sydney Region Growth Centres) 2006 South West Growth Centre Land Reservation Acquisition Map.

Land Zoning Map means the following—

(a)  for a precinct in the North West Growth Centre—the State Environmental Planning Policy (Sydney Region Growth Centres) 2006 North West Growth Centre Land Zoning Map,

(b)  for a precinct in the South West Growth Centre—the State Environmental Planning Policy (Sydney Region Growth Centres) 2006 South West Growth Centre Land Zoning Map,

(c)  for a precinct in the Wilton Growth Area—the State Environmental Planning Policy (Sydney Region Growth Centres) 2006 Wilton Growth Area Land Zoning Map.

Lot Size Map means the following—

(a)  for a precinct in the North West Growth Centre—the State Environmental Planning Policy (Sydney Region Growth Centres) 2006 North West Growth Centre Lot Size Map,

(b)  for a precinct in the South West Growth Centre—the State Environmental Planning Policy (Sydney Region Growth Centres) 2006 South West Growth Centre Lot Size Map,

(c)  for a precinct in the Wilton Growth Area—the State Environmental Planning Policy (Sydney Region Growth Centres) 2006 Wilton Growth Area Lot Size Map.

Native Vegetation Protection Map means the following—

(a)  for a precinct in the North West Growth Centre—the State Environmental Planning Policy (Sydney Region Growth Centres) 2006 North West Growth Centre Native Vegetation Protection Map,

(b)  for a precinct in the South West Growth Centre—the State Environmental Planning Policy (Sydney Region Growth Centres) 2006 South 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 following—

(a)  for a precinct in the North West Growth Centre—the State Environmental Planning Policy (Sydney Region Growth Centres) 2006 North West Growth Centre Residential Density Map,

(b)  for a precinct in the South West Growth Centre—the State Environmental Planning Policy (Sydney Region Growth Centres) 2006 South West Growth Centre Residential Density Map.

Riparian Protection Area Map means the following—

(a)  for a precinct in the North West Growth Centre—the State Environmental Planning Policy (Sydney Region Growth Centres) 2006 North West Growth Centre Riparian Protection Area Map,

(b)  for a precinct in the South West Growth Centre—the State Environmental Planning Policy (Sydney Region Growth Centres) 2006 South West Growth Centre Riparian Protection Area Map.

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

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

Special Areas Map means the following—

(a)  for a precinct in the North West Growth Centre—the State Environmental Planning Policy (Sydney Region Growth Centres) 2006 North West Growth Centres Special Areas Map,

(b)  for a precinct in the South West Growth Centre—the State Environmental Planning Policy (Sydney Region Growth Centres) 2006 South West Growth Centres Special Areas Map.

Urban Release Area Map means, for a precinct in the Wilton Growth Area, the State Environmental Planning Policy (Sydney Region Growth Centres) Wilton Growth Area Urban Release Area Map.

Wilton Growth Area Precinct Boundary Map means the State Environmental Planning Policy (Sydney Region Growth Centres) 2006 Wilton Growth Area Precinct Boundary Map.

cl 6B: Ins 2021 (682), Sch 2[6].

6C Savings provision relating to development applications lodged before commencement of State Environmental Planning Policy Amendment (Precincts) 2021

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

(2)  Subclause (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.

cl 6C: Ins 2022 (49), cl 4.

Part 2 Land use and other development controls resulting from precinct planning

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

(1)  The provisions applying to the carrying out of development in a growth centre precinct are specified in the Appendix for the growth centre precinct in the Table to this clause.

Table 1—North West Growth Centre

Column 1	Column 2
Growth centre precinct	Appendix
North Kellyville Precinct	Appendix 2
Riverstone West Precinct	Appendix 3
Alex Avenue and Riverstone Precincts	Appendix 4
Marsden Park Industrial Precinct	Appendix 5
Area 20 Precinct	Appendix 6
Schofields Precinct	Appendix 7
Box Hill and Box Hill Industrial Precincts	Appendix 11
Marsden Park Precinct	Appendix 12, to the extent to which the Blacktown Growth Centres Precinct Plan 2013 applies
Riverstone East Precinct	Appendix 12, to the extent to which the Blacktown Growth Centres Precinct Plan 2013 applies
West Schofields (Townson Road) Precinct	Appendix 12, to the extent to which the Blacktown Growth Centres Precinct Plan 2013 applies
Vineyard Precinct	Appendix 13, to the extent to which the Hawkesbury Growth Centres Precinct Plan 2017 applies

Table 2—South West Growth Centre

Column 1	Column 2
Growth centre precinct	Appendix
Oran Park and Turner Road Precincts	Appendix 1
Austral Precinct	Appendix 8
Leppington North Precinct	Appendix 8, to the extent to which the Liverpool Growth Centres Precinct Plan 2013 applies, and Appendix 9, to the extent to which the Camden Growth Centres Precinct Plan 2013 applies
East Leppington Precinct	Appendix 8 to the extent to which the Liverpool Growth Centres Precinct Plan 2013 applies, Appendix 9, to the extent to which the Camden Growth Centres Precinct Plan 2013 applies, and Appendix 10, to the extent to which the Campbelltown Growth Centres Precinct Plan 2013 applies
Catherine Fields Precinct	Appendix 9, to the extent to which the Camden Growth Centres Precinct Plan 2013 applies
Lowes Creek Maryland Precinct	Appendix 9, to the extent to which the Camden Growth Centres Precinct Plan 2013 applies
Leppington Precinct	Appendix 9, to the extent to which the Camden Growth Centres Precinct Plan 2013 applies

Table 3—Wilton Growth Area

Column 1	Column 2
Growth centre precinct	Appendix
South East Wilton Precinct	Appendix 14
North Wilton Precinct	Appendix 15

cl 7: Am 2007 (642), Sch 1 [5] [6]. Subst 2008 (631), Sch 1 [7]. Am 2009 (392), Sch 1 [3]; 2010 (192), Sch 1 [1]; 2010 (635), Sch 1 [1]; 2011 (550), Sch 1 [1]; 2012 No 42, Sch 2.37 [1]; 2013 (118), Sch 1 [1]; 2013 (119), Sch 1 [1]; 2013 (137), Sch 1 [1]; 2013 (582), Sch 1 [1]; 2013 (707), Sch 1 [1]; 2014 (507), Sch 1 [1]; 2016 (290), Sch 1 [1]; 2016 (468), Sch 1 [7]; 2016 (529), Sch 1 [1]; 2017 (728), Sch 1 [1]; 2018 (146), Sch 1 [2]; 2021 (392), Sch 1[1]; 2021 (394), Sch 1[1]. Subst 2021 (682), Sch 2[7].

7A Controls applying to Colebee, Edmondson Park, Bingara Gorge, Menangle Park, Mount Gilead and Glenlee Precincts

For the purposes of this Policy, 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)  the provisions of Campbelltown (Urban Area) Local Environmental Plan 2002, Liverpool Local Environmental Plan 2008 and Schedule 3 to State Environmental Planning Policy (Major Development) 2005 are specified for the land within Edmondson Park Precinct within the South West Growth Centre to which those instruments, or parts of instruments, apply,

(c)  the provisions of Wollondilly Local Environmental Plan 2011 are specified for the land within the Bingara Gorge Precinct within the Wilton Growth Area,

(d)  the provisions of Campbelltown Local Environmental Plan 2015 are specified for the land within Menangle Park Precinct and Mount Gilead Precinct within the Greater Macarthur Growth Area,

(e)  the provisions of Camden Local Environmental Plan 2010 and Campbelltown Local Environmental Plan 2015 are specified for the land within Glenlee Precinct within the Greater Macarthur Growth Area.

cl 7A: Ins 2007 (642), Sch 1 [7]. Subst 2008 (632), Sch 1 [2]. Am 2011 (405), Sch 2 [1] [2]. Subst 2012 (30), Sch 1 [1]. Am 2016 (468), Sch 1 [8]; 2018 (146), Sch 1 [1]; 2020 (500), Sch 1[1] [2].

7B 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 Policy, to be development carried out under this Policy.

Note—

The subject land does not include land in the Wilton Growth Area or the Greater Macarthur Growth Area.

cl 7B: Ins 2012 (30), Sch 1 [1]. Am 2016 (468), Sch 1 [9]; 2018 (146), Sch 1 [1]; 2019 (595), Sch 1[5].

Part 3 Land Use—Environment Conservation and Recreation Zones

8 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 Policy otherwise provides.

(3)  This Part does not apply to land to which a Precinct Plan applies or land referred to in clause 7A.

cl 8: Am 2007 (642), Sch 1 [8]; 2008 (631), Sch 1 [8].

9 Land use zones

The land use zones under this Part are as follows—

Environment Conservation

Public Recreation—Regional

Public Recreation—Local

10 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 clause.

(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.

11 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.

cl 11: Am 2013 (137), Sch 1 [2].

12 Land use table for zones to which Part applies

(1)  The land use table set out at the end of this clause 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 clause is subject to the other provisions of this Policy.

(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.

cl 12: Am 2007 (642), Sch 1 [9]; 2013 (533), Sch 1 [1] [2]; 2021 (682), Sch 2[8].

13 Additional permitted uses

(1)  Despite anything to the contrary in this Part, development described or referred to in the Table to this clause 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

cl 13: Am 2007 (642), Sch 1 [10]–[13]; 2010 (117), Sch 1 [2].

14 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 Policy, and

(b)  the relevant public authority referred to in clause 15 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 Policy.

(2)  In deciding whether to grant concurrence to proposed development under this clause, 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.

15 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)    (Repealed)

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

cl 15: Am 2008 No 122, Sch 11.4 [3] [4]; 2018 (68), Sch 2 [1].

Part 4 Development controls—general

Note—

Clauses 16 and 17 do not apply to land to which a Precinct Plan applies or to land referred to in clause 7A.

pt 4, note: Ins 2007 (642), Sch 1 [16].

16 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 clause 7A 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 clause 7A,

(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 clause does not apply to land zoned under Part 3.

cl 16: Am 2007 (642), Sch 1 [14] [15]; 2008 (631), Sch 1 [9].

17 Referral to Department after release of precinct

(1)  This clause applies to land within a growth centres precinct that has been released by the Minister under the Environmental Planning and Assessment Regulation 2000 for urban development, and so applies until provisions have been specified in a Precinct Plan or in clause 7A 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 a capital investment value 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 2000 (clause 275) provides that a development application referred to in this subclause 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)  In this clause, capital investment value of development has the same meaning as in the Environmental Planning and Assessment Regulation 2000.

(5)  Despite subclause (1), this clause 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 4) 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 subclause (5), this clause does apply to Lot 2, DP 563818.

cl 17: Am 2007 (642), Sch 1 [17]; 2008 No 122, Sch 11.4 [5] [6]; 2008 (631), Sch 1 [9]; 2010 (173), Sch 1.3; 2010 (192), Sch 1 [2]; 2021 (716), Sch 1.37[1]–[3].

18 Water recycling and conservation

Note—

This clause and clauses 18A and 18B apply to all land to which this State Environmental Planning Policy applies (except as otherwise provided by those clauses).

(1)  This clause 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 clause.

(4)  Despite subclause (1), this clause does not apply to land in the Wilton Growth Area.

Table of approved systems

Note—

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

cl 18: Am 2007 (642), Sch 1 [18]–[21]; 2016 (468), Sch 1 [10] [11]; 2018 (146), Sch 1 [1].

18A 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 Policy applies (subject to subclause (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)    (Repealed)

cl 18A: Ins 2007 (642), Sch 1 [22]. Am 2012 (189), Sch 1 [1]; 2016 (468), Sch 1 [12] [13]; 2018 (146), Sch 1 [3].

18B 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.

(2)    (Repealed)

cl 18B: Ins 2007 (642), Sch 1 [22]. Am 2016 (468), Sch 1 [14]; 2018 (146), Sch 1 [4].

Part 5 Development controls—flood prone and major creeks land

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

(1)  This clause applies to development requiring consent that is carried out on flood prone and major creeks land (other than any such land to which clause 20 applies).

(2)  Consent is not to be granted to the carrying out of development to which this clause 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 to this Policy.

cl 19: Subst 2009 (392), Sch 1 [4]. Am 2018 (68), Sch 2 [1].

20 Development on and near certain land at Riverstone West

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

(2)  Despite any other provision of this Policy (including any Precinct Plan), the consent authority must not grant consent for development on land to which this clause applies 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 increase flood levels on adjoining properties in events up to the design 100 year recurrence flood, and

(c)  limits any increases in flood velocities on adjoining properties 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 adjoining properties (including during any construction stage of the proposed development).

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

cl 20: Subst 2009 (392), Sch 1 [4]. Am 2021 (682), Sch 2[9].

Part 6 Development controls—vegetation

21 Land to which Part applies

(1)  This Part applies to the following land—

(a)  land zoned under Part 3,

(b)  flood prone and major creeks land,

(c)  transitional land,

(d)  land that is—

(i)  under State Environmental Planning Policy (Western Sydney Parklands) 2009, 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 subclause (1)(d).

(3)  In relation to land in the Oran Park and Turner Road Precincts, this Part applies to land within the Riparian Protection Area shown on the Riparian Protection Area Map.

(4)  Despite subclause (1), this Part does not apply to the following—

(a)  the North Kellyville Precinct,

(b)  the Riverstone West Precinct,

(c)  land to which the Alex Avenue and Riverstone Precinct Plan 2010 (as referred to in Appendix 4) applies,

(d)  the Marsden Park Industrial Precinct,

(e)  land to which the Area 20 Precinct Plan 2011 (as referred to in Appendix 6) applies,

(f)  the Schofields Precinct,

(g)  land to which the Liverpool Growth Centres Precinct Plan 2013 (as referred to in Appendix 8) applies,

(h)  land to which the Camden Growth Centres Precinct Plan 2013 (as referred to in Appendix 9) applies,

(i)  land to which the Campbelltown Growth Centres Precinct Plan 2013 (as referred to in Appendix 10) applies,

(j)  the Box Hill and Box Hill Industrial Precincts,

(k)  land to which the Blacktown Growth Centres Precinct Plan 2013 (as referred to in Appendix 12) applies,

(l)  land to which the Hawkesbury Growth Centres Precinct Plan 2017 (as referred to in Appendix 13) applies,

(m)  land to which the South East Wilton Precinct Plan 2018 (as referred to in Appendix 14) applies,

(n)  land to which the North Wilton Precinct Plan 2018 (as referred to in Appendix 15) applies.

cl 21: Am 2007 (642), Sch 1 [23]; 2008 (631), Sch 1 [10]; 2009 (91), Sch 3.15 [2] [3]; 2009 (392), Sch 1 [5]; 2010 (192), Sch 1 [3]; 2010 (635), Sch 1 [2]; 2011 (550), Sch 1 [2]; 2012 No 42, Sch 2.37 [2]; 2013 (118), Sch 1 [2]; 2013 (119), Sch 1 [2]; 2013 (137), Sch 1 [3]; 2013 No 47, Sch 2.26; 2013 (582), Sch 1 [2]; 2017 (728), Sch 1 [2]; 2018 (146), Sch 1 [5]; 2018 (650), Sch 1 [1].

22 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.

23 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 clause, 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 clause 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 clause 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 clause 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.

cl 23: Am 2007 (642), Sch 1 [24].

24 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 7 Development controls—cultural heritage landscape area

25 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”.

cl 25: Am 2010 (192), Sch 1 [4].

26 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.

cl 26: Am 2018 (68), Sch 2 [1].

Appendix 1 Oran Park and Turner Road Precinct Plan

Appendix 1, hdg: Ins 2007 (642), Sch 1 [26]. Subst 2010 (117), Sch 1 [3].

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 Oran Park and Turner Road Precinct Plan 2007.

1.2 Aims of Precinct Plan

The aims of this Precinct Plan are—

(a)  to make development controls for land in the Oran Park and Turner Road Precincts within the South West Growth Centre that will ensure the creation of quality environments and good design outcomes, and

(b)  to protect and enhance the environmentally sensitive areas and natural and cultural heritage of those Precincts, and

(b1)  to provide for recreational opportunities, and

(c)  to provide for multifunctional and innovative communities in those Precincts that encourage employment and economic growth, and

(d)  to promote housing choice and affordability in those Precincts, and

(e)  to provide for the sustainable development of those Precincts, and

(e1)  to promote pedestrian and vehicle connectivity, and

(f)  to minimise the impact on existing and future communities of the full range of risks posed by natural hazards such as bushfires and flooding.

1.3 Land to which Precinct Plan applies

This Precinct Plan applies to land within the Oran Park and Turner Road Precincts.

1.4 Definitions

In this Precinct Plan—

Council means the Camden Council.

materials recycling or recovery centre means a building or place used for the recycling or recovery of resource materials, excluding sludge-like material, from waste materials, and that involves separating and sorting, processing, such as baling, crushing, shredding and composting, transferring and the sale of recycled or recovered material, but that does not involve the re-manufacture, chemical manufacture or incineration of the material.

Oran Park Precinct Development Control Plan means the Oran Park Precinct Development Control Plan published by the Department on 4 December 2007.

Turner Road Precinct Development Control Plan means the Turner Road Precinct Development Control Plan published by the Department on 4 December 2007.

utility installation means a building, work or place used by a public utility undertaking, but does not include a building designed wholly or principally as administrative or business premises or as a showroom.

waste disposal land fill operation means use of land for the purpose of disposing of industrial, trade or domestic waste on that land.

1.5 Notes

Notes in this Precinct Plan are provided for guidance and do not form part of this Plan.

1.6 Consent authority

The consent authority for the purposes of this Precinct Plan is (subject to the Act) the council of the area in which the land concerned is situated.

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.

Note—

Camden Local Environmental Plan 2010 ceases to apply to the land to which this Precinct Plan applies.

(3)  This clause 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.

(3)  If there is an inconsistency between this Precinct Plan and another provision of this or 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—

The other provisions of this State Environmental Planning Policy also contains provisions applying development controls to the South West Growth Centre, including the Oran Park and Turner Road Precincts.

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 clause 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 clause does not affect the rights or interests of any public authority under any registered instrument.

(4)  Under section 28 of the Act, the Governor, before the making of this clause, approved of subclauses (1)–(3).

Part 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

R3 Medium Density Residential

Business Zones

B1 Neighbourhood Centre

B2 Local Centre

B4 Mixed Use

B5 Business Development

Industrial Zones

IN1 General Industrial

Special Purpose Zones

SP2 Infrastructure

Recreation Zones

RE1 Public Recreation

RE2 Private Recreation

Environment Protection Zones

E2 Environmental Conservation

E4 Environmental Living

Note—

At the commencement of this Precinct Plan, land within the Oran Park Precinct was within the Medium Density Residential Zone, the Neighbourhood Centre Zone, the Local Centre Zone, the General Industrial Zone, the Infrastructure Zone, the Public Recreation Zone, the Private Recreation Zone and the Environmental Living Zone. Land within the Turner Road Precinct was within the General Residential Zone, the Neighbourhood Centre Zone, the Mixed Use Zone, the Business Development Zone, the General Industrial Zone, the Public Recreation Zone and the Private Recreation 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 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 clause is subject to the other provisions of this Part.

Notes—

1 Schedule 1 sets out additional permitted uses for particular land.

2 Clause 2.6 requires consent for subdivision of land.

3 Part 5 contains other provisions that require consent for particular development.

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 clause 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.

Notes—

1 If a subdivision is specified as exempt development in an applicable environmental planning instrument, for example this Precinct Plan or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 , the Act enables it to be carried out without development consent.

2 State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 , Part 6 provides that the strata subdivision of a building in certain circumstances is complying development .

(2), (3)    (Repealed)

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 Oran Park Precinct Development Control Plan, the Turner Road Precinct Development Control Plan and State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 as exempt or complying development.

2.8 Temporary use of land

(1)  The objective of this clause is to provide for the temporary use of land if the use does not compromise future development of the land, or have detrimental economic, social, amenity or environmental effects on the land.

(2)  Despite any other provision of this Precinct Plan, 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 a period of 12 months.

(3)  Development consent must not be granted unless the consent authority is satisfied—

(a)  the temporary use will not prejudice the subsequent carrying out of development on the land in accordance with this Precinct Plan and other applicable environmental planning instruments, and

(b)  the temporary use will not adversely impact on adjoining land or the amenity of the neighbourhood, and

(c)  the temporary use and location of structures related to the use will not adversely impact on environmental attributes or features of the land, or increase the risk of natural hazards that may affect the land, and

(d)  at the end of the temporary use period the land will, as far as is practicable, be restored to the condition in which it was before the commencement of the use.

(4)  Despite subclause (2), the temporary use of a dwelling as a sales office for a new release area or a new housing estate may exceed the maximum number of days specified in that subclause.

(5)  Subclause (3)(d) does not apply to the temporary use of a dwelling as a sales office mentioned in subclause (4).

(6)  This clause does not prescribe a development standard that may be varied under this Precinct Plan.

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 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 small scale kiosks, function centres, restaurants and markets that support the primary function and use of recreation areas, public open space and recreation facilities located within residential areas.

•  To allow for small scale 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

Nil

3 Permitted with consent

Any other development not specified in item 2 or 4

4 Prohibited

Agriculture; Airports; Airstrips; Biosolid waste applications; Bulky goods premises; Business premises; Car parks; Cemeteries; Correctional centres; Crematoria; Dairies (pasture-based); Depots; Entertainment facilities; Extractive industries; Farm buildings; Freight transport facilities; Function centres (other than those within recreation areas or operated in conjunction with recreation areas or recreation facilities); Hazardous storage establishments; Helipads; Heliports; Home occupations (sex services); Industrial retail outlets; Industries; Landscape and garden supplies; Liquid fuel depots; Manor homes; Materials recycling or recovery centres; Mines; Mortuaries; Offensive storage establishments; Office premises; Passenger transport facilities; Public administration buildings; Registered clubs; Retail premises (other than neighbourhood shops and other than kiosks, markets, restaurants or take away food and drink premises within recreation areas or operated in conjunction with recreation areas or recreation facilities); Restricted premises; Restriction facilities; Roadside stalls; Rural industries; Rural workers’ dwellings; Sawmill or log processing works; Service stations; Sewage treatment works; Sex services premises; Stock and sale yards; Storage premises; Timber and building supplies; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Vehicle sales or hire premises; Warehouse or distribution centres; Waste disposal land fill operations; Waste management facilities; Wholesale supplies

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 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, including educational, recreational, community, religious and other activities where compatible with the amenity of a medium density residential environment.

•  To provide for a variety of recreational uses within open space areas.

•  To allow for small scale kiosks, function centres, restaurants and markets that support the primary function and use of recreation areas, public open space and recreation facilities located within residential areas.

2 Permitted without consent

Nil

3 Permitted with consent

Any other development not specified in item 2 or 4

4 Prohibited

Agriculture; Airports; Airstrips; Biosolid waste applications; Bulky goods premises; Business premises; Car parks; Caravan parks; Cemeteries; Correctional centres; Crematoria; Dairies (pasture-based); Depots; Entertainment facilities; Exhibition homes; Extractive industries; Farm buildings; Freight transport facilities; Function centres (other than those within recreation areas or operated in conjunction with recreation areas or recreation facilities); Hazardous storage establishments; Helipads; Heliports; Home occupations (sex services); Industrial retail outlets; Industries; Landscape and garden supplies; Liquid fuel depots; Materials recycling or recovery centres; Mines; Mortuaries; Offensive storage establishments; Office premises; Passenger transport facilities; Public administration buildings; Registered clubs; Restricted premises; Restriction facilities; Retail premises (other than neighbourhood shops and other than kiosks, markets, restaurants or take away food and drink premises within recreation areas or operated in conjunction with recreation areas or recreation facilities); Roadside stalls; Rural industries; Rural workers’ dwellings; Sawmill or log processing works; Service stations; Sewage treatment works; Sex services premises; Stock and sale yards; Storage premises; Timber and building supplies; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Vehicle sales or hire premises; Warehouse or distribution centres; Waste disposal land fill operations; Waste management facilities

Zone B1   Neighbourhood Centre

1 Objectives of zone

•  To provide a range of small-scale retail, business and community uses which serve the needs of people who live or work in the surrounding neighbourhood and, in relation to the Turner Road Precinct, of a scale and nature that serves the wider community.

•  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

Any other development not specified in item 2 or 4

4 Prohibited

Agriculture; Airports; Airstrips; Biosolid waste applications; Bulky goods premises; Caravan parks; Cemeteries; Correctional centres; Crematoria; Dairies (pasture-based); Depots; Extractive industries; Farm buildings; Freight transport facilities; Hazardous storage establishments; Helipads; Heliports; Home occupations (sex services); Industrial retail outlets; Industries; Liquid fuel depots; Materials recycling or recovery centres; Mines; Offensive storage establishments; Passenger transport facilities; Recreation facilities (major); Residential flat buildings (other than as shop top housing); Restricted premises; Restriction facilities; Roadside stalls; Rural industries; Rural workers’ dwellings; Sawmill or log processing works; Seniors housing (other than as shop top housing); Sewage treatment works; Sex services premises; Stock and sale yards; Storage premises; Timber and building supplies; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle sales or hire premises; Warehouse or distribution centres; Waste disposal land fill operations; Waste management facilities; Wholesale supplies

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 or the Mixed Use Zone.

•  To provide for residential development that contributes to the vitality of the local centre.

2 Permitted without consent

Nil

3 Permitted with consent

Any other development not specified in item 2 or 4

4 Prohibited

Agriculture; Airports; Airstrips; Biosolid waste applications; Bulky goods premises; Caravan parks; Cemeteries; Correctional centres; Crematoria; Dairies (pasture-based); Depots; Dual occupancies; Dwelling houses; Extractive industries; Farm buildings; Freight transport facilities; Hazardous storage establishments; Helipads; Heliports; Home occupations (sex services); Industrial retail outlets; Industries; Liquid fuel depots; Materials recycling or recovery centres; Mines; Offensive storage establishments; Restricted premises; Restriction facilities; Roadside stalls; Rural industries; Rural workers’ dwellings; Sawmill or log processing works; Sewage treatment works; Sex services premises; Stock and sale yards; Storage premises; Timber and building supplies; Transport depots; Truck depots; Vehicle body repair workshops; Warehouse or distribution centres; Waste disposal land fill operations; Waste management facilities; Wholesale supplies

Zone B4   Mixed Use

1 Objectives of zone

•  To provide a mixture of compatible land uses.

•  To integrate suitable business, office, residential, retail and other development in accessible locations so as to maximise public transport patronage and encourage walking and cycling.

•  To encourage development that supports or complements the primary office and retail functions of the Neighbourhood Centre Zone and the Local Centre Zone.

•  To encourage development providing services to the surrounding community.

•  To permit development that adds to the vitality and diversity of commercial and retail centres while not prejudicing their principal function.

2 Permitted without consent

Nil

3 Permitted with consent

Any other development not specified in item 2 or 4

4 Prohibited

Agriculture; Airports; Airstrips; Biosolid waste applications; Bulky goods premises; Caravan parks; Correctional centres; Dairies (pasture-based); Depots; Dual occupancies; Dwelling houses; Extractive industries; Farm buildings; Freight transport facilities; Hazardous storage establishments; Helipads; Heliports; Home occupations (sex services); Industrial retail outlets; Industries; Liquid fuel depots; Materials recycling or recovery centres; Mines; Offensive storage establishments; Public administration buildings; Restricted premises; Restriction facilities; Roadside stalls; Rural industries; Rural workers’ dwellings; Sawmill or log processing works; Semi detached dwellings; Sex services premises; Stock and sale yards; Storage premises; Transport depots; Truck depots; Warehouse or distribution centres; Waste disposal land fill operations; Waste management facilities; Wholesale supplies

Zone B5   Business development

1 Objectives of zone

•  To enable a mix of business and warehouse uses and specialised retail uses that require a large floor area, in locations that are close to, and that support the viability of, centres.

•  To provide for a wide range of employment generating development.

•  To provide for a mix of ancillary uses to support the primary function of providing employment generating development.

•  To maintain the economic strength of centres by limiting the retailing of food, clothing and convenience shopping.

•  To provide for a range of uses, including recreational uses and function centres, that complement other permissible employment generating land uses within the zone.

2 Permitted without consent

Nil

3 Permitted with consent

Light industries; Vehicle body repair workshops; Vehicle repair stations; Any other development not specified in item 2 or 4

4 Prohibited

Agriculture; Airports; Airstrips; Amusement centres; Attached dwellings; Biosolid waste applications; Boarding houses; Caravan parks; Correctional centres; Dairies (pasture-based); Depots; Dual occupancies; Dwelling houses; Extractive industries; Farm buildings; Freight transport facilities; Group homes; Hazardous storage establishments; Helipads; Heliports; Home occupations (sex services); Hostels; Industries; Liquid fuel depots; Materials recycling or recovery centres; Mines; Multi dwelling housing; Offensive storage establishments; Office premises; Residential flat buildings; Restricted premises; Restriction facilities; Roadside stalls; Rural industries; Rural workers’ dwellings; Sawmill or log processing works; Semi detached dwellings; Seniors housing; Sex services premises; Shop top housing; Stock and sale yards; Tourist and visitor accommodation (other than hotel or motel accommodation); Transport depots; Truck depots; Warehouse or distribution centres; Waste disposal land fill operations; Waste management facilities; Wholesale supplies

Zone IN1   General Industrial

1 Objectives of zone

•  To provide a wide range of industrial and warehouse 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 development for the purpose of commercial offices only where it is associated with, and ancillary to, another permissible use on the same land.

•  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

Any other development not otherwise specified in item 2 or 4

4 Prohibited

Agriculture; Airports; Airstrips; Attached dwellings; Biosolid waste applications; Boarding houses; Bulky goods premises; Business premises; Caravan parks; Cemeteries; Community facilities; Correctional centres; Dairies (pasture-based); Dual occupancies; Dwelling houses; Educational establishments; Entertainment facilities; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Function centres; Group homes; Hazardous industries; Hazardous storage establishments; Health consulting rooms; Heavy industries; Heliports; Home-based child care; Home businesses; Home industries; Home occupations; Home occupations (sex services); Hospitals; Hostels; Information and education facilities; Mines; Multi dwelling housing; Offensive industries; Offensive storage establishments; Office premises; Public administration buildings; Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Residential care facilities; Residential flat buildings; Restriction facilities; Retail premises (other than neighbourhood shops and take away food and drink premises); Roadside stalls; Rural industries; Rural workers’ dwellings; Sawmill or log processing works; Secondary dwellings; Semi detached dwellings; Seniors housing; Shop top housing; Stock and sale yards; Tourist and visitor accommodation; Waste disposal land fill operations

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; Electricity generating works; Environmental protection works; Flood mitigation works; Roads; Telecommunications facilities; Temporary structures; 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

Community facilities; Drainage; Earthworks; Electricity generating works; Environmental facilities; Environmental protection works; Flood mitigation works; Kiosks; Recreation areas; Recreation facilities (outdoor); Roads; Telecommunications facilities; Temporary structures; Utility installations; Water recycling facilities; Waterbodies

4 Prohibited

Any other 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.

•  To preserve and maintain the natural values of core riparian areas and to allow development where it can be demonstrated that the development will not destroy, damage or have any other adverse effect on those values.

•  To ensure that residential development does not have an adverse effect on those values.

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 (indoor); Recreation facilities (outdoor); Roads; Telecommunications facilities; Temporary structures; Utility installations; Water recycling facilities; Waterbodies

4 Prohibited

Any other 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; Recreation areas; Roads; Sewage reticulation systems; Water recycling facilities; Water supply systems; Waterbodies (natural)

4 Prohibited

Any 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.

•  To preserve and maintain the natural values of core riparian areas and to allow development where it can be demonstrated that the development will not destroy, damage or have any other adverse effect on those values.

•  To ensure that flood prone land is used in a manner appropriate to its environmental characteristics.

2 Permitted without consent

Nil

3 Permitted with consent

Bed and breakfast accommodation; Drainage; Dwelling houses; Earthworks; Electricity generating works; Environmental facilities; Environmental protection works; Exhibition homes; Exhibition villages; Flood mitigation works; Group homes; Health consulting rooms; Home businesses; Home industries; Horticulture; Recreation areas; Recreation facilities (outdoor); Roads; Telecommunications facilities; Temporary structures; Water recreation structures; Water recycling facilities; Waterbodies (artificial)

4 Prohibited

Any other development not otherwise specified in item 2 or 3

Part 3

3.1–3.3  (Repealed)

Part 4 Principal development standards

4.1 Minimum subdivision lot size

(1)  The objectives of this clause 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 clause applies to a subdivision of any land shown on the Lot Size Map that requires development consent and that is carried out after the commencement of this Precinct Plan.

(3)  The size of any lot resulting from any such subdivision of land to which this clause applies is not to be less than the minimum size shown on the Lot Size Map in relation to that land.

(4)  This clause does not apply to the subdivision of land—

(a)  by the registration of a strata plan or strata plan of subdivision under the Strata Schemes Development Act 2015, or

(b)  by subdivision under the Community Land Development Act 1989.

4.1AA Subdivision resulting in lots between 225–300m 2

(1)  This clause 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 clause 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 clause 4.1AC, 4.1AD or 4.1AE.

(3)  This clause does not apply to a subdivision that is the subject of a development application under clause 4.1AC(2)(b), 4.1AD(2)(b) or 4.1AE.

4.1A Minimum lot sizes for other development

(1)  Development must not be carried out on a lot in Zone R1 General Residential or Zone R3 Medium Density Residential 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)  dwelling house—300m²,

(b)  dual occupancy—500m²,

(c)  attached dwelling—125m²,

(d)  residential flat building—1,000m²,

(e)  semi-detached dwelling—200m²,

(f)  manor home—600m²,

(g)  multi dwelling housing—1,500m².

(1A)  Development must not be carried out on a lot in Zone B1 Neighbourhood Centre, Zone B2 Local Centre or Zone B4 Mixed Use 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)  dwelling house—250m²,

(b)  dual occupancy—600m²,

(c)  attached dwelling—125m²,

(d)  residential flat building—1,000m².

(2)  Development must not be carried out on a lot within Zone E4 Environmental Living for the purposes of a dwelling house if the area of the lot is less than 1,000m².

(3)  Development for the purposes of multi dwelling housing must not be carried out on a lot in the following zones if the area provided for each dwelling is less than 125m²—

(a)  Zone R1 General Residential,

(b)  Zone R3 Medium Density Residential,

(c)  Zone B1 Neighbourhood Centre,

(d)  Zone B2 Local Centre,

(e)  Zone B4 Mixed Use.

4.1AB Minimum lot sizes for secondary dwellings in Zone R1 General Residential and Zone R3 Medium Density Residential

(1)  This clause applies to land in the following zones—

(a)  Zone R1 General Residential,

(b)  Zone R3 Medium Density Residential.

(2)  The minimum lot size for a secondary dwelling on land in Zone R1 General 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 clause 4.1A(1), 4.1AC or 4.1AE.

4.1AC Exceptions to minimum lot sizes for dwelling houses

(1)  This clause applies to the following—

(a)  a lot in Zone R1 General Residential that has an area of less than 300m² (but not less than 250m²),

(b)  a lot in Zone R3 Medium Density Residential that has an area of less than 300m² (but not less than 225m²).

(2)  Despite clause 4.1A(1), development consent may be granted to the erection of a dwelling house on a lot to which this clause applies if—

(a)  the lot results from a subdivision to which development consent has been granted in accordance with clause 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 clause in determining the development application for the 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.

4.1AD Exceptions to minimum lot sizes for dwelling houses on other lots in Zone R1 General Residential

(1)  This clause applies to a lot in Zone R1 General Residential that has an area of less than 250m² (but not less 225m²).

(2)  Despite clause 4.1A(1), development consent may be granted to the erection of a dwelling house on a lot to which this clause applies if the lot meets the requirements of subclause (3) and—

(a)  the lot results from a subdivision to which development consent has been granted in accordance with clause 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 clause 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 subclause if—

(a)  the lot adjoins land that is set aside for open space or recreation purposes, or is separated from that land only by a public road, or

(b)  the lot adjoins land in Zone B1 Neighbourhood Centre, Zone B2 Local Centre or Zone B4 Mixed Use, or is separated from land in any of those zones only by a public road, or

(c)  the lot is within 400m of land in Zone B1 Neighbourhood Centre or Zone B2 Local Centre and the lot—

(i)  adjoins land in Zone SP2 Infrastructure that is set aside for drainage or educational purposes, or

(ii)  is separated from land in Zone SP2 Infrastructure that is set aside for drainage or educational purposes only by a public road.

(4)  Despite subclause (2), development consent must not be granted to the erection of a dwelling house on a lot to which this clause 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.

4.1AE Exceptions to minimum lot sizes for dwelling houses on small lots

(1)  This clause applies to a lot in Zone R3 Medium Density Residential that has an area of less than 225m² (but not less than 125m²).

(2)  Despite clause 4.1A(1), development consent may be granted to the erection of a dwelling house on a lot to which this clause 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.

4.1AF Exceptions to minimum lot sizes for multi dwelling housing in Zone R1 General Residential

(1)  This clause applies to a lot in Zone R1 General Residential that has an area of less than 1,500m² (but not less than 375m²).

(2)  Despite clause 4.1A(1), development consent may be granted to development for the purpose of multi dwelling housing on a lot to which this clause applies if the lot meets the requirements of subclause (3).

(3)  A lot meets the requirements of this subclause if—

(a)  the lot adjoins land that is set aside for open space or recreation purposes, or is separated from that land only by a public road, or

(b)  the lot adjoins land in Zone B1 Neighbourhood Centre, Zone B2 Local Centre or Zone B4 Mixed Use, or is separated from land in any of those zones only by a public road, or

(c)  the lot is within 400m of land in Zone B1 Neighbourhood Centre or Zone B2 Local Centre and—

(i)  adjoins land in Zone SP2 Infrastructure that is set aside for drainage or educational purposes, or

(ii)  is separated from land in Zone SP2 Infrastructure that is set aside for drainage or educational purposes only by a public road.

(4)  Despite subclause (2), development consent must not be granted to development for the purpose of multi dwelling housing on a lot to which this clause applies unless the consent authority is satisfied that the multi dwelling housing—

(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 multi dwelling housing in Zone R3 Medium Density Residential

(1)  This clause applies to a lot in Zone R3 Medium Density Residential that has an area of less than 1,500m² (but not less than 375m²).

(2)  Despite clause 4.1A(1), development consent may be granted to development for the purpose of multi dwelling housing on a lot to which this clause applies.

4.1AH Minimum lot sizes in split zones

(1)  This clause applies to each lot that contains land in Zone R1 General Residential or Zone R3 Medium Density Residential and land in any other zone.

(2)  For the purposes of clauses 4.1AB–4.1AG, a reference to the area of a lot—

(a)  in relation to land in Zone R1 General Residential, means the area of that part of the lot that is in Zone R1 General 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—Oran Park Precinct

(1)  The objective of this clause is to make provision with respect to the delivery of 7,540 new dwellings in the Oran Park Precinct.

(2)  Development consent must not be granted to the subdivision of land intended to be used for residential purposes within the Oran Park Precinct unless the consent authority is satisfied that—

(a)  a development control plan has been prepared providing for not less than 7,540 new dwellings within the Precinct and containing provisions to encourage a mix of dwelling types to be provided, and

(b)  the granting of consent would not preclude or impede that number of dwellings within the Precinct.

4.1C Residential density—Turner Road Precinct

(1)  The objective of this clause is to make provision with respect to the delivery of 4,020 new dwellings in the Turner Road Precinct.

(2)  Development consent must not be granted to the subdivision of land intended to be used for residential purposes within the Turner Road Precinct unless the consent authority is satisfied that—

(a)  a development control plan has been prepared providing for not less than 4,020 new dwellings within the Precinct and containing provisions to encourage a mix of dwelling types to be provided, and

(b)  the granting of consent would not preclude or impede that number of dwellings within the Precinct.

4.1D (Repealed)

4.1E Shops—Turner Road Precinct

(1)  The total area used for shops on all land within Zone B5 Business Development in the Turner Road Precinct must not exceed 2,500m².

(2)  The total area used for shops in a particular development for that purpose on land within Zone B5 Business Development in the Turner Road Precinct must not exceed 500m².

4.3 Height of buildings

(1)  The objectives of this clause 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 and industrial development.

(2)  Except as provided by this clause, 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)  If the Height of Buildings Map specifies, in relation to any land shown on that map, a Reduced Level for any building on that land, any such building is not to exceed that specified Reduced Level.

(4)  The consent authority may grant development consent for development for the purpose of attached housing, a dwelling house, dual occupancy, multi dwelling housing or a semi-detached dwelling on land within Zone R1 General Residential or Zone R3 Medium Density Residential, or a dwelling house within Zone E4 Environmental Living, that exceeds 9.5m in height above ground level (existing), if the consent authority is satisfied that the development—

(a)  is located—

(i)  on a prominent street corner, or

(ii)  adjacent to a neighbourhood or local centre or 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.

(5)  The consent authority may grant development consent for development on land within Zone B5 Business Development or Zone IN1 General Industrial, that does not exceed 15 metres in height above ground level (existing), if the land has frontage to—

(a)  the following land as shown in the Oran Park Precinct Development Control Plan or the Turner Road Precinct Development Control Plan—

(i)  Gregory Hills Drive,

(ii)  Camden Valley Way,

(iii)  The Northern Road,

(iv)  Dick Johnson Drive, or

(b)  land within Zone RE1 Public Recreation or Zone RE2 Private Recreation.

4.6 Exceptions to development standards

(1)  The objectives of this clause are—

(a)  to provide an appropriate degree of flexibility in applying certain development standards to particular development, and

(b)  to achieve better outcomes for and from development by allowing flexibility in particular circumstances.

(2)  Consent may, subject to this clause, be granted for development even though the development would contravene a development standard imposed by this or any other environmental planning instrument. However, this clause does not apply to a development standard that is expressly excluded from the operation of this clause.

(3)  Consent must not be granted for development that contravenes a development standard unless the consent authority has considered a written request from the applicant that seeks to justify the contravention of the development standard by demonstrating—

(a)  that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case, and

(b)  that there are sufficient environmental planning grounds to justify contravening the development standard.

(4)  Consent must not be granted for development that contravenes a development standard unless—

(a)  the consent authority is satisfied that—

(i)  the applicant’s written request has adequately addressed the matters required to be demonstrated by subclause (3), and

(ii)  the proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out, and

(b)  the concurrence of the Planning Secretary has been obtained.

(5)  In deciding whether to grant concurrence, the Planning 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 Planning Secretary before granting concurrence.

(6)  Consent must not be granted under this clause 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)  After determining a development application made pursuant to this clause, the consent authority must keep a record of its assessment of the factors required to be addressed in the applicant’s written request referred to in subclause (3).

(8)  This clause does not allow consent to be granted for development that would contravene any of the following—

(a)  a development standard for complying development,

(b)  a development standard that arises, under the regulations under the Act, in connection with a commitment set out in a BASIX certificate for a building to which State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 applies or for the land on which such a building is situated listed in the table to this clause,

(c)  a development standard listed in the table to this clause.

Note—

At the time this Precinct Plan was made, no exclusions were listed in a table to this clause.

Part 5 Miscellaneous provisions

5.1 Relevant acquisition authority

(1)  The objective of this clause is to identify, for the purposes of section 3.15 of the Act, the authority of the State that will be the relevant authority to acquire land reserved for certain public purposes if the land is required to be acquired under Division 3 of Part 2 of the Land Acquisition (Just Terms Compensation) Act 1991 (the owner-initiated acquisition provisions).

Note—

If the landholder will suffer hardship if there is any delay in the land being acquired by the relevant authority, section 23 of the Land Acquisition (Just Terms Compensation) Act 1991 requires the authority to acquire the land.

(2)  The authority of the State that will be the relevant authority to acquire land, if the land is required to be acquired under the owner-initiated acquisition provisions, is the authority of the State specified below in relation to the land shown on the Land Reservation Acquisition Map (or, if an authority of the State is not specified in relation to land required to be so acquired, the authority designated or determined under those provisions).

Type of land shown on Map	Authority of the State
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.

5.2 Classification and reclassification of public land

(1)  The objective of this clause 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 subclause (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 clause is to provide flexibility where the investigation of a site and its surroundings reveals that a use allowed on the other side of a zone boundary would enable a more logical and appropriate development of the site and be compatible with the planning objectives and land uses for the adjoining zone.

(2)  This clause applies to so much of any land that is within the relevant distance of a boundary between any 2 zones. The relevant distance is 50 metres.

(3)  This clause does not apply to—

(a)  land zoned RE1 Public Recreation, E2 Environmental Conservation or E4 Environmental Living, 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 clause applies for any purpose that may be carried out in the adjoining zone, but only if the consent authority is satisfied that—

(a)  the development is not inconsistent with the objectives for development in both zones, and

(b)  the carrying out of the development is desirable due to compatible land use planning, infrastructure capacity and other planning principles relating to the efficient and timely development of land.

(5)  The clause does not prescribe a development standard that may be varied under this Precinct Plan.

5.4 Controls relating to miscellaneous permissible uses

(1)  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.

Note—

Development providing for a certain number of guests or rooms may involve a change in the class of building under the Building Code of Australia.

(2)  If development for the purposes of a home business is permitted under this Precinct Plan, the carrying out of the business must not involve the use of more than 50m² of floor space.

(3)  If development for the purposes of a home industry is permitted under this Precinct Plan, the carrying out of the business must not involve the use of more than 50m² of floor space.

(4)  If development for the purposes of an industrial retail outlet is permitted under this Precinct Plan, the gross floor area of the outlet must not exceed—

(a)  40 per cent of the combined gross floor area of the outlet or place and the building or place on which the industry is carried out, or

(b)  400m²,

whichever is the lesser.

(5)  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)  If development for the purposes of a kiosk is permitted under this Precinct Plan, the gross floor area must not exceed 20m².

(7)  If development for the purposes of a neighbourhood shop is permitted under this Precinct Plan, the retail floor area must not exceed 80m².

(8)  If development for the purposes of a roadside stall is permitted under this Precinct Plan, the gross floor area must not exceed 20m².

(9)  If development for the purposes of a secondary dwelling is permitted under this Precinct Plan, the total gross floor area of the dwelling (excluding any area used for parking) must not exceed whichever of the following is the greater—

(a)  75 square metres,

(b)  30% of the total gross floor area of both the self-contained dwelling and the principal dwelling.

5.8 Conversion of fire alarms

(1)  This clause applies to a fire alarm system that can be monitored by New South Wales Fire Brigades or by a private service provider.

(2)  The following development may be carried out, but only with consent—

(a)  converting a fire alarm system from connection with the alarm monitoring system of New South Wales Fire Brigades to connection with the alarm monitoring system of a private service provider,

(b)  converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with the alarm monitoring system of another private service provider,

(c)  converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with a different alarm monitoring system of the same private service provider.

(3), (4)    (Repealed)

(5)  In this clause—

private service provider means a person or body that has entered into an agreement that is in force with New South Wales Fire Brigades to monitor fire alarm systems.

5.9 Preservation of trees or vegetation

(1)  The objective of this clause is to preserve the amenity of the area through the preservation of trees and other vegetation.

(2)  This clause applies to species or kinds of trees or other vegetation that are prescribed for the purposes of this clause by a development control plan made by the Planning Secretary.

Note—

A development control plan may prescribe the trees or other vegetation to which this clause applies by reference to species, size, location or other manner.

(3)  The clause does not apply to native vegetation to which clause 23 of this State Environmental Planning Policy applies.

(4)  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.

(5)  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.

(6)  This clause does not apply to a tree or other vegetation that the Council is satisfied is dying or dead and is not required as the habitat of native fauna.

(7)  This clause does not apply to a tree or other vegetation that the Council is satisfied is a risk to human life or property.

(8)  A permit under this clause cannot allow any ringbarking, cutting down, topping, lopping, removal, injuring or destruction of a tree or other vegetation—

(a)  that is or forms part of a heritage item, or

(b)  that is within a heritage conservation area.

Note—

As a consequence of this subclause, the activities concerned will require development consent. The heritage provisions of clause 5.10 will be applicable to any such consent.

(9)  This clause does not apply to or in respect of—

(a)  the clearing of native vegetation that is authorised by a development consent or property vegetation plan under the Native Vegetation Act 2003 or that is otherwise permitted under Division 2 or 3 of Part 3 of that Act, or

(b)  the clearing of vegetation on State protected land (within the meaning of clause 4 of Schedule 3 to the Native Vegetation Act 2003) that is authorised by a development consent under the provisions of the Native Vegetation Conservation Act 1997 as continued in force by that clause, or

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

(d)  action required or authorised to be done by or under the Electricity Supply Act 1995, the Sydney Water Act 1994, the Roads Act 1993 or the Surveying Act 2002, or

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

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 to this Precinct Plan.

(1) Objectives The objectives of this clause are—

(a)  to conserve the environmental heritage of the Oran Park Precinct and the Turner Road 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 clause is not required if—

(a)  the applicant has notified the consent authority of the proposed development and the consent authority has advised the applicant in writing before any work is carried out that it is satisfied that the proposed development—

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

(ii)  would not adversely affect the significance of the heritage item, archaeological site or heritage conservation area, or

(b)  the development is in a cemetery or burial ground and the proposed development—

(i)  is the creation of a new grave or monument, or excavation or disturbance of land for the purpose of conserving or repairing monuments or grave markers, and

(ii)  would not cause disturbance to human remains, relics, Aboriginal objects in the form of grave goods, or to a place of Aboriginal heritage significance, or

(c)  the development is limited to the removal of a tree or other vegetation that the Council is satisfied is a risk to human life or property, or

(d)  the development is exempt development.

(3AA) Effect on heritage significance The consent authority must, before granting consent under this clause, consider the effect of the proposed development on the heritage significance of the heritage item or heritage conservation area concerned. This subclause applies regardless of whether a heritage impact statement is prepared under subclause (4) or a heritage conservation management plan is submitted under subclause (5).

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).

(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) Heritage conservation management plans The consent authority may require, after considering the significance of a heritage item and the extent of change proposed to it, the submission of a heritage conservation management plan before granting consent under this clause.

(6) Archaeological sites The consent authority must, before granting consent under this clause to the carrying out of development on an archaeological site (other than land listed on the State Heritage Register under the Heritage Act 1977 or to which an interim heritage order applies), be satisfied that any necessary excavation permit required by the Heritage Act 1977 has been granted.

(7) Places of Aboriginal heritage significance The consent authority must, before granting consent under this clause to the carrying out of development in a place of Aboriginal heritage significance—

(a)  consider the effect of the proposed development on the heritage significance of the place and any Aboriginal object known or reasonably likely to be located at the place, and

(b)  notify the local Aboriginal communities (in such way as it thinks appropriate) about the application and take into consideration any response received within 21 days after the notice is sent, and

(c)  be satisfied that any necessary consent or permission under the National Parks and Wildlife Act 1974 has been granted.

(8)    (Repealed)

(9) Conservation incentives The consent authority may grant development 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.

5.11A Development for group homes

(1)  The objective of this clause is to facilitate the establishment of—

(a)  permanent group homes in which disabled persons or socially disadvantaged persons may live in an ordinary residential household environment instead of an institutional environment, and

(b)  transitional group homes that provide temporary accommodation for disabled persons or socially disadvantaged persons in an ordinary residential household environment instead of an institutional environment for such purposes as alcohol or drug rehabilitation and half-way rehabilitation for persons formerly living in institutions and refuges for men, women or young persons.

(2)  If development for the purpose of a dwelling house or a dwelling in a residential flat building may lawfully be carried out in accordance with this Precinct Plan, development for the purposes of a group home may, subject to this clause, be carried out.

(3)  Consent is required to carry out development for the purposes of a transitional group home.

(4)  Consent is required to carry out development for the purposes of a permanent group home that contains more than 5 bedrooms.

(5)  Consent is required to carry out development for the purposes of a permanent group home that contains 5 or less bedrooms and that is occupied by more residents (including any resident staff) than the number equal to the number calculated by multiplying the number of bedrooms in that home by 2.

(6)  Consent may not be refused under this clause unless an assessment has been made of the need for the group home concerned.

(7)  Nothing in this clause requires consent to be obtained by the Department of Housing (or by a person acting jointly with the Department of Housing) to carry out development for the purposes of a transitional group home.

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 with or without consent, or that is exempt development, 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 is it is satisfied that any public utility infrastructure that is essential for the proposed development is available or that adequate arrangements have been made to make that infrastructure available when required.

(2)  In this clause, public utility infrastructure includes infrastructure for any of the following—

(a)  the supply of water,

(b)  the supply of electricity,

(c)  the disposal and management of sewage.

(3)  This clause does not apply to development for the purpose of providing, extending, augmenting, maintaining or repairing any public utility infrastructure referred to in this clause.

6.2 Registered clubs

Despite any other provision of this Precinct Plan, the consent authority may grant development consent to development for the purposes of a registered club associated with a golf club on land within the Turner Road Precinct that is, or is proposed to be, used for a golf course.

6.3 Environment protection works in Zones RE1 Public Recreation and RE2 Private Recreation

Despite any other provision of this Precinct Plan, development for the purposes of environment protection works may be carried out without development consent on land within Zone RE1 Public Recreation or RE2 Private Recreation if the development is consistent with the Oran Park and Turner Road Waterfront Land Strategy 2009, published in the Gazette on 17 July 2009.

6.4 Dual occupancies

Despite any other provision of this Precinct Plan, the consent authority must not grant development consent for the purposes of a dual occupancy on a lot of land that is less than the minimum size specified on the Lot Size Map unless—

(a)  the dual occupancy comprises one dwelling located substantially above the other dwelling, or

(b)  one of the dwellings has a floor area that does not exceed 60m² and is located above a garage, carport or similar structure for the principal dwelling.

6.5 Sex services premises

(1)  Despite any other provision of this Precinct Plan, the consent authority must not grant development consent for the purposes of sex services premises if the premises are to be located on land that adjoins, or that is separated by a road only, from land—

(a)  used for the purposes of residential accommodation or community, school or church uses, or

(b)  within Zone RE1 Public Recreation or Zone RE2 Private Recreation.

(2)  The consent authority must, in deciding whether to grant development consent to development for the purposes of sex services premises, take into account the impact the proposed development would have on any place that adjoins or is within view of the proposed development and is regularly used by children for educational, recreational or cultural activities.

6.6 Development in special areas

(1)  This clause applies to land shown as being in a special area on the Special Areas Map.

(2)  The consent authority must not grant development consent for development on land in a special area unless a development control plan that provides for detailed development controls has been prepared for the land.

(3)  Without limiting subclause (2), the development control plan is to provide for the following—

(a)  an overall transport movement hierarchy showing the major circulation routes and connections to achieve a simple and safe movement system for private vehicles, public transport, pedestrians and cyclists,

(b)  a strategy for the protection and enhancement of riparian areas and detailed landscaping requirements for public and private domain,

(c)  a network of passive and recreational areas,

(d)  stormwater and water quality management controls,

(e)  detailed urban design controls.

(4)  Subclause (2) does not apply for the following development—

(a)  a subdivision of land that does not further fragment the land,

(b)  a subdivision of land for the purpose only of defining the boundary of a special area, retaining a riparian protection area in one lot or for dedicating land for environmental protection purposes,

(c)  a subdivision of land that only provides for a public purpose, including a public road or open space,

(d)  a subdivision of land that is not for the purpose of enabling the construction of structures,

(e)  development on land that is a riparian protection area owned by a public authority,

(f)  development the consent authority is satisfied is minor or will not affect future development outcomes, including the remediation of land, for special areas.

(5)  In this clause—

remediation of land includes environmental protection works and the remediation of contaminated land.

riparian protection area means a riparian protection area shown on the Riparian Protection Area Map.

6.7 Studio dwellings

(1)  Development consent must not be granted to development for the purposes of studio dwellings unless the consent authority is satisfied—

(a)  the garage above which the studio dwelling will be erected is located at the rear of the lot, and

(b)  there will be direct access to the studio dwelling from a street or lane.

(2)  In deciding whether to grant development consent, the consent authority must consider the visual impact of the studio dwelling on the surrounding streetscape.

Schedule 1 Additional permitted uses

(Clause 2.5)

1 Use of particular land adjacent to Oran Park Town Centre

(1)  This clause applies to land in Zone R3 Medium Density Residential adjacent to Oran Park Town Centre and shown hatched red on Sheet LZN 004 of the Land Zoning Map.

(2)  Development for the purpose of exhibition homes is permitted with consent.

Schedule 4 Classification and reclassification of public land

(Clause 5.2)

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

Schedule 5 Environmental heritage

(Clause 5.10)

Heritage items

Precinct	Item name	Address	Significance
Oran Park	Denbigh (including homestead, grounds and gardens, slab outbuildings, coach house, stable, dairy and sheds)	421 The Northern Road, Bringelly	State

Appendix 1: Ins 2007 (642), Sch 1 [26]. Am 2008 (155), cl 5; 2008 (571), Sch 1.7 [1]–[5]; 2008 (631), Sch 1 [11]; 2009 (364), Sch 3.8; 2010 (117), Sch 1 [4]–[37]; 2010 No 59, Sch 2.89 [1]–[4]; 2012 (672), cl 4; 2013 (706), Sch 2.16 [1]–[6]; 2014 (511), Sch 1 [1]–[6]; 2016 (467), Sch 1 [1]; 2016 (565), Sch 1 [1]; 2018 (68), Sch 2 [1]; 2019 (621), Sch 2.32[1]–[3]; 2021 (572), Sch 1[1]–[13]; 2021 (682), Sch 2[10]; 2021 (716), Sch 1.37[4].

sch 1: Rep 2007 (642), Sch 1 [25]. Ins 2010 (192), Sch 1 [6]. Am 2011 (550), Sch 1 [4]; 2012 (189), Sch 1 [3]; 2013 (118), Sch 1 [5]; 2013 (119), Sch 1 [8]; 2013 (137), Sch 1 [6]. Rep 2013 (706), Sch 2.16 [61]. Ins 2014 (511), Sch 1 [105]. Am 2016 (468), Sch 1 [15]; 2019 (595), Sch 1[6]; 2020 (500), Sch 1[3]. Rep 2021 (682), Sch 2[18].

Appendix 2 North Kellyville Precinct Plan

Appendix 2, hdg: Ins 2008 (631), Sch 1 [12]. Subst 2010 (117), Sch 1 [38].

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 clause 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 clause 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 clause does not affect the rights or interests of any public authority under any registered instrument.

(4)  Under section 28 of the Act, the Governor, before the making of this clause, approved of subclauses (1)–(3).

Part 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 clause is subject to the other provisions of this Part.

Notes—

1 Schedule 1 sets out additional permitted uses for particular land.

2 Clause 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 clause 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)    (Repealed)

Part 3 Exempt development

3.1 Exempt development

(1)  The objective of this clause 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 3

3.1–3.3  (Repealed)

Part 4 Principal development standards

4.1 Minimum subdivision lot size

(1)  The objectives of this clause 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 clause applies to a subdivision of any land shown on the Lot Size Map that requires development consent and that is carried out after the commencement of this Precinct Plan.

(3)  The size of any lot resulting from any such subdivision of land to which this clause applies is not to be less than the minimum size shown on the Lot Size Map in relation to that land.

(4)  This clause 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 clause 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 clause 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 clause 4.1AD or 4.1AE.

(3)  This clause does not apply to a subdivision that is the subject of a development application under clause 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 clause 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 clause 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 clause 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 clause 4.1AB, 4.1AD or 4.1AE.

4.1AD Exceptions to minimum lot sizes for dwelling houses

(1)  This clause 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 clause 4.1AB(3), development consent may be granted to the erection of a dwelling house on a lot to which this clause applies if—

(a)  the lot results from a subdivision to which development consent has been granted in accordance with clause 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 clause 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 clause 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 clause 4.1AB(3), development consent may be granted to the erection of a dwelling house on a lot to which this clause 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 clause 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 clauses 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 clause 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 clause applies to residential development of the kind referred to in clause 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 clause applies is not to be less than the density shown on the Residential Density Map in relation to that land.

(4)  In this clause—

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 clause 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 clause 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 clause 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 clause 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 clause 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 clause, 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 clause 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.

(2A)    (Repealed)

4.5 Calculation of floor space ratio and site area

(1) Objectives The objectives of this clause are as follows—

(a)  to define floor space ratio,

(b)  to set out rules for the calculation of the site area of development for the purpose of applying permitted floor space ratios, including rules to—

(i)  prevent the inclusion in the site area of an area that has no significant development being carried out on it, and

(ii)  prevent the inclusion in the site area of an area that has already been included as part of a site area to maximise floor space area in another building, and

(iii)  require community land and public places to be dealt with separately.

(2) Definition of “floor space ratio” The floor space ratio of buildings on a site is the ratio of the gross floor area of all buildings within the site to the site area.

(3) Site area In determining the site area of proposed development for the purpose of applying a floor space ratio, the site area is taken to be—

(a)  if the proposed development is to be carried out on only one lot, the area of that lot, or

(b)  if the proposed development is to be carried out on 2 or more lots, the area of any lot on which the development is proposed to be carried out that has at least one common boundary with another lot on which the development is being carried out.

In addition, subclauses (4)–(7) apply to the calculation of site area for the purposes of applying a floor space ratio to proposed development.

(4) Exclusions from site area The following land must be excluded from the site area—

(a)  land on which the proposed development is prohibited, whether under this Precinct Plan or any other law,

(b)  community land or a public place (except as provided by subclause (7)).

(5) Strata subdivisions The area of a lot that is wholly or partly on top of another or others in a strata subdivision is to be included in the calculation of the site area only to the extent that it does not overlap with another lot already included in the site area calculation.

(6) Only significant development to be included The site area for proposed development must not include a lot additional to a lot or lots on which the development is being carried out unless the proposed development includes significant development on that additional lot.

(7) Certain public land to be separately considered For the purpose of applying a floor space ratio to any proposed development on, above or below community land or a public place, the site area must only include an area that is on, above or below that community land or public place, and is occupied or physically affected by the proposed development, and may not include any other area on which the proposed development is to be carried out.

(8) Existing buildings The gross floor area of any existing or proposed buildings within the vertical projection (above or below ground) of the boundaries of a site is to be included in the calculation of the total floor space for the purposes of applying a floor space ratio, whether or not the proposed development relates to all of the buildings.

(9) Covenants to prevent “double dipping” When consent is granted to development on a site comprised of 2 or more lots, a condition of the consent may require a covenant to be registered that prevents the creation of floor area on a lot (the restricted lot) if the consent authority is satisfied that an equivalent quantity of floor area will be created on another lot only because the site included the restricted lot.

(10) Covenants affect consolidated sites If—

(a)  a covenant of the kind referred to in subclause (9) applies to any land (affected land), 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 clause, 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 clause 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 clause.

4.6 Exceptions to development standards

(1)  The objectives of this clause are—

(a)  to provide an appropriate degree of flexibility in applying certain development standards to particular development, and

(b)  to achieve better outcomes for and from development by allowing flexibility in particular circumstances.

(2)  Consent may, subject to this clause, be granted for development even though the development would contravene a development standard imposed by this or any other environmental planning instrument. However, this clause does not apply to a development standard that is expressly excluded from the operation of this clause.

(3)  Consent must not be granted for development that contravenes a development standard unless the consent authority has considered a written request from the applicant that seeks to justify the contravention of the development standard by demonstrating—

(a)  that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case, and

(b)  that there are sufficient environmental planning grounds to justify contravening the development standard.

(4)  Consent must not be granted for development that contravenes a development standard unless—

(a)  the consent authority is satisfied that—

(i)  the applicant’s written request has adequately addressed the matters required to be demonstrated by subclause (3), and

(ii)  the proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out, and

(b)  the concurrence of the Planning Secretary has been obtained.

(5)  In deciding whether to grant concurrence, the Planning 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 Planning Secretary before granting concurrence.

(6)  Consent must not be granted under this clause 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)  After determining a development application made pursuant to this clause, the consent authority must keep a record of its assessment of the factors required to be addressed in the applicant’s written request referred to in subclause (3).

(8)  This clause does not allow consent to be granted for development that would contravene any of the following—

(a)  a development standard for complying development,

(b)  a development standard that arises, under the regulations under the Act, in connection with a commitment set out in a BASIX certificate for a building to which State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 applies or for the land on which such a building is situated listed in the table to this clause,

(c)  clauses 4.1A, 4.1B, 5.4, 6.2 and 6.4 of this Precinct Plan.

Part 5 Miscellaneous provisions

5.1 Relevant acquisition authority

(1)  The objective of this clause is to identify, for the purposes of section 3.15 of the Act, the authority of the State that will be the relevant authority to acquire land reserved for certain public purposes if the land is required to be acquired under Division 3 of Part 2 of the Land Acquisition (Just Terms Compensation) Act 1991 (the owner-initiated acquisition provisions).

Note—

If the landholder will suffer hardship if there is any delay in the land being acquired by the relevant authority, section 23 of the Land Acquisition (Just Terms Compensation) Act 1991 requires the authority to acquire the land.

(2)  The authority of the State that will be the relevant authority to acquire land, if the land is required to be acquired under the owner-initiated acquisition provisions, is the authority of the State specified below in relation to the land shown on the Land Reservation Acquisition Map (or, if an authority of the State is not specified in relation to land required to be so acquired, the authority designated or determined under those provisions).

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 clause 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 clause 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 subclause (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 clause is to provide flexibility where the investigation of a site and its surroundings reveals that a use allowed on the other side of a zone boundary would enable a more logical and appropriate development of the site and be compatible with the planning objectives and land uses for the adjoining zone.

(2)  This clause applies to so much of any land that is within the relevant distance of a boundary between any 2 zones. The relevant distance is 20 metres.

(3)  This clause 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 clause applies for any purpose that may be carried out in the adjoining zone, but only if the consent authority is satisfied that—

(a)  the development is not inconsistent with the objectives for development in both zones, and

(b)  the carrying out of the development is desirable due to compatible land use planning, infrastructure capacity and other planning principles relating to the efficient and timely development of land.

(5)  The clause 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 clause applies to a fire alarm system that can be monitored by New South Wales Fire Brigades or by a private service provider.

(2)  The following development may be carried out, but only with consent—

(a)  converting a fire alarm system from connection with the alarm monitoring system of New South Wales Fire Brigades to connection with the alarm monitoring system of a private service provider,

(b)  converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with the alarm monitoring system of another private service provider,

(c)  converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with a different alarm monitoring system of the same private service provider.

(3), (4)    (Repealed)

(5)  In this clause—

private service provider means a person or body that has entered into an agreement that is in force with New South Wales Fire Brigades to monitor fire alarm systems.

5.9 Preservation of trees or vegetation

(1)  The objective of this clause is to preserve the amenity of the area through the preservation of trees and other vegetation.

(2)  This clause applies to species or kinds of trees or other vegetation that are prescribed for the purposes of this clause by a development control plan made by the Planning Secretary.

Note—

A development control plan may prescribe the trees or other vegetation to which this clause applies by reference to species, size, location or other manner.

(3)  A person must not ringbark, cut down, top, lop, remove, injure or wilfully destroy any tree or other vegetation to which any such development control plan applies without the authority conferred by—

(a)  development consent, or

(b)  a permit granted by the Council.

(4)  The refusal by the Council to grant a permit to a person who has duly applied for the grant of the permit is taken for the purposes of the Act to be a refusal by the Council to grant consent for the carrying out of the activity for which a permit was sought.

(5)  This clause does not apply to a tree or other vegetation that the Council is satisfied is dying or dead and is not required as the habitat of native fauna.

(6)  This clause does not apply to a tree or other vegetation that the Council is satisfied is a risk to human life or property.

(7)  A permit under this clause cannot allow any ringbarking, cutting down, topping, lopping, removal, injuring or destruction of a tree or other vegetation—

(a)  that is or forms part of a heritage item, or

(b)  that is within a heritage conservation area.

Note—

As a consequence of this subclause, the activities concerned will require development consent. The heritage provisions of clause 5.10 will be applicable to any such consent.

(8)  This clause does not apply to or in respect of—

(a)  the clearing of native vegetation that is authorised by a development consent or property vegetation plan under the Native Vegetation Act 2003 or that is otherwise permitted under Division 2 or 3 of Part 3 of that Act, or

(b)  the clearing of vegetation on State protected land (within the meaning of clause 4 of Schedule 3 to the Native Vegetation Act 2003) that is authorised by a development consent under the provisions of the Native Vegetation Conservation Act 1997 as continued in force by that clause, or

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

(d)  action required or authorised to be done by or under the Electricity Supply Act 1995, the Roads Act 1993 or the Surveying Act 2002, or

(e)  plants declared to be noxious weeds under the Noxious Weeds Act 1993, or

(f)  existing native vegetation areas to which clause 6.2 of this Precinct Plan applies, or

(g)  native vegetation retention areas or riparian protection areas to which clause 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 clause 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 clause is not required if—

(a)  the applicant has notified the consent authority of the proposed development and the consent authority has advised the applicant in writing before any work is carried out that it is satisfied that the proposed development—

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

(ii)  would not adversely affect the significance of the heritage item, archaeological site or heritage conservation area, or

(b)  the development is in a cemetery or burial ground and the proposed development—

(i)  is the creation of a new grave or monument, or excavation or disturbance of land for the purpose of conserving or repairing monuments or grave markers, and

(ii)  would not cause disturbance to human remains, relics, Aboriginal objects in the form of grave goods, or to a place of Aboriginal heritage significance, or

(c)  the development is limited to the removal of a tree or other vegetation that the Council is satisfied is a risk to human life or property, or

(d)  the development is exempt development.

(4) Effect on heritage significance The consent authority must, before granting consent under this clause, consider the effect of the proposed development on the heritage significance of the heritage item or heritage conservation area concerned. This subclause applies regardless of whether a heritage impact statement is prepared under subclause (5) or a heritage conservation management plan is submitted under subclause (6).

(5) Heritage impact assessment The consent authority may, before granting consent to any development on land—

(a)  on which a heritage item is situated, or

(b)  within a heritage conservation area, 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 clause.

(7) Archaeological sites The consent authority must, before granting consent under this clause to the carrying out of development on an archaeological site (other than land listed on the State Heritage Register or to which an interim heritage order under the Heritage Act 1977 applies)—

(a)  notify the Heritage Council of its intention to grant consent, and

(b)  take into consideration any response received from the Heritage Council within 28 days after the notice is sent.

(8) Places of Aboriginal heritage significance The consent authority must, before granting consent under this clause to the carrying out of development in a place of Aboriginal heritage significance—

(a)  consider the effect of the proposed development on the heritage significance of the place and any Aboriginal object known or reasonably likely to be located at the place, and

(b)  notify the local Aboriginal communities (in such way as it thinks appropriate) about the application and take into consideration any response received within 28 days after the notice is sent.

(9) Demolition of item of State significance The consent authority must, before granting consent for the demolition of a heritage item identified 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 clause, 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 clause does not apply to development for the purpose of providing, extending, augmenting, maintaining or repairing any public utility infrastructure referred to in this clause.

6.2 Development controls—existing native vegetation areas

(1)  The objective of this clause 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 clause applies to land within an existing native vegetation area as shown on the Native Vegetation Protection Map.

(3)  This clause does not apply to any vegetation declared to be noxious weeds under the Noxious Weeds Act 1993.

(4)  The consent authority must not grant development consent for development on land to which this clause applies unless the consent authority is satisfied that the proposed development will not result in the clearing of any 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 clause is to prevent the clearing of certain native vegetation.

(2)  This clause 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 clause 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 clause 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 clause 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 clause 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 clause 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 clause 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 clause 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 clause 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 clause 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 clause applies to land in Zone E4 Environmental Living.

(3)  The consent authority may grant development consent for the subdivision of land to which this clause 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 clause 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.

Schedule 1 Additional permitted uses

(Clause 2.5)

1 Use of certain land at 9 and 21 Hezlett Road and 103 Samantha Riley Drive, Kellyville

(1)  This clause 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 clause applies.

Schedule 2 Exempt development

(Clause 3.1)

Note 1—

State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies exempt development under that Policy. The Policy 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

(Clause 5.2)

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

Schedule 5 Environmental heritage

(Clause 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 2: Ins 2008 (631), Sch 1 [12]. Am 2009 (392), Sch 1 [6]; 2010 (117), Sch 1 [39]–[45]; 2010 No 59, Sch 2.89 [1]–[4]; 2013 (706), Sch 2.16 [7]–[12]; 2014 (224), Sch 1; 2014 (511), Sch 1 [7]–[14]; 2016 (467), Sch 1 [2] [3]; 2017 (493), Sch 3.5 [1] [2]; 2018 (68), Sch 2 [1]; 2018 (95), Sch 2 [1]–[4]; 2018 (348), cl 4 (1); 2019 (621), Sch 2.32[1]–[3]; 2019 (662), Sch 1[1] [2]; 2021 (20), Sch 2[1] [2]; 2021 (682), Sch 2[11]–[13]; 2021 (716), Sch 1.37[4].

sch 2: Rep 2007 (642), Sch 1 [25]. Ins 2010 (192), Sch 1 [6]. Am 2011 (550), Sch 1 [5]; 2012 (189), Sch 1 [4]; 2013 (118), Sch 1 [6]; 2013 (119), Sch 1 [9]; 2013 (137), Sch 1 [7]. Rep 2013 (706), Sch 2.16 [62].

Appendix 3 Riverstone West Precinct Plan

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.

Note—

The Dictionary at the end of this State Environmental Planning Policy defines words and expressions for the purposes of this Precinct Plan, including the relevant maps.

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 clause does not affect the operation of other provisions of this State Environmental Planning Policy.

(4)  Despite this clause, 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 clause 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 clause does not affect the rights or interests of any public authority under any registered instrument.

(4)  Pursuant to section 28 of the Act, before the making of this clause, the Governor approved of subclauses (1)–(3).

Part 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 this Policy) a reference to a type of building or other thing referred to separately in the Table in relation to the same zone.

(4)  This clause is subject to the other provisions of this Precinct Plan.

Notes—

1 Schedule 1 sets out additional permitted uses for particular land.

2 Clause 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 clause 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)    (Repealed)

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 clause is to provide for the temporary use of land if the use does not compromise future development of the land, or have detrimental economic, social, amenity or environmental effects on the land 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 clause 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 3

3.1–3.3  (Repealed)

Part 4 Principal development standards

4.1 Minimum subdivision lot size

(1)  The objectives of this clause 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 clause applies to a subdivision of any land shown on the Lot Size Map that requires development consent and that is carried out after the commencement of this Precinct Plan.

(3)  The size of any lot resulting from any such subdivision of land to which this clause applies is not to be less than the minimum size shown on the Lot Size Map in relation to that land.

(4)  This clause 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 clause 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 clause, 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 clause 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 clause 6.4 for possible additional floor space.

4.5 Calculation of floor space ratio and site area

(1) Objectives The objectives of this clause are as follows—

(a)  to define floor space ratio,

(b)  to set out rules for the calculation of the site area of development for the purpose of applying permitted floor space ratios, including rules to—

(i)  prevent the inclusion in the site area of an area that has no significant development being carried out on it, and

(ii)  prevent the inclusion in the site area of an area that has already been included as part of a site area to maximise floor space area in another building, and

(iii)  require community land and public places to be dealt with separately.

(2) Definition of “floor space ratio” The floor space ratio of buildings on a site is the ratio of the gross floor area of all buildings within the site to the site area.

(3) Site area In determining the site area of proposed development for the purpose of applying a floor space ratio, the site area is taken to be—

(a)  if the proposed development is to be carried out on only one lot, the area of that lot, or

(b)  if the proposed development is to be carried out on 2 or more lots, the area of any lot on which the development is proposed to be carried out that has at least one common boundary with another lot on which the development is being carried out.

In addition, subclauses (4)–(7) apply to the calculation of site area for the purposes of applying a floor space ratio to proposed development.

(4) Exclusions from site area The following land must be excluded from the site area—

(a)  land on which the proposed development is prohibited, whether under this Precinct Plan or any other law,

(b)  community land or a public place (except as provided by subclause (7)).

(5) Strata subdivisions The area of a lot that is wholly or partly on top of another or others in a strata subdivision is to be included in the calculation of the site area only to the extent that it does not overlap with another lot already included in the site area calculation.

(6) Only significant development to be included The site area for proposed development must not include a lot additional to a lot or lots on which the development is being carried out unless the proposed development includes significant development on that additional lot.

(7) Certain public land to be separately considered For the purpose of applying a floor space ratio to any proposed development on, above or below community land or a public place, the site area must only include an area that is on, above or below that community land or public place, and is occupied or physically affected by the proposed development, and may not include any other area on which the proposed development is to be carried out.

(8) Existing buildings The gross floor area of any existing or proposed buildings within the vertical projection (above or below ground) of the boundaries of a site is to be included in the calculation of the total floor space for the purposes of applying a floor space ratio, whether or not the proposed development relates to all of the buildings.

(9) Covenants to prevent “double dipping” When consent is granted to development on a site comprised of 2 or more lots, a condition of the consent may require a covenant to be registered that prevents the creation of floor area on a lot (the restricted lot) if the consent authority is satisfied that an equivalent quantity of floor area will be created on another lot only because the site included the restricted lot.

(10) Covenants affect consolidated sites If—

(a)  a covenant of the kind referred to in subclause (9) applies to any land (affected land), 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 clause, 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 clause are as follows—

(a)  to provide an appropriate degree of flexibility in applying certain development standards to particular development,

(b)  to achieve better outcomes for and from development by allowing flexibility in particular circumstances.

(2)  Consent may, subject to this clause, be granted for development even though the development would contravene a development standard imposed by this or any other environmental planning instrument. However, this clause does not apply to a development standard that is expressly excluded from the operation of this clause.

(3)  Consent must not be granted for development that contravenes a development standard unless the consent authority has considered a written request from the applicant that seeks to justify the contravention of the development standard by demonstrating—

(a)  that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case, and

(b)  that there are sufficient environmental planning grounds to justify contravening the development standard.

(4)  Consent must not be granted for development that contravenes a development standard unless—

(a)  the consent authority is satisfied that—

(i)  the applicant’s written request has adequately addressed the matters required to be demonstrated by subclause (3), and

(ii)  the proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out, and

(b)  the concurrence of the Planning Secretary has been obtained.

(5)  In deciding whether to grant concurrence, the Planning 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 Planning Secretary before granting concurrence.

(6)  Consent must not be granted under this clause 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)  After determining a development application made pursuant to this clause, the consent authority must keep a record of its assessment of the factors required to be addressed in the applicant’s written request referred to in subclause (3).

(8)  This clause does not allow consent to be granted for development that would contravene any of the following—

(a)  a development standard for complying development,

(b)  a development standard that arises, under the regulations under the Act, in connection with a commitment set out in a BASIX certificate for a building to which State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 applies or for the land on which such a building is situated,

(c)  clause 5.4.

Part 5 Miscellaneous provisions

5.1 Relevant acquisition authority

(1)  The objective of this clause is to identify, for the purposes of section 3.15 of the Act, the authority of the State that will be the relevant authority to acquire land reserved for certain public purposes if the land is required to be acquired under Division 3 of Part 2 of the Land Acquisition (Just Terms Compensation) Act 1991 (the owner-initiated acquisition provisions).

Note—

If the landholder will suffer hardship if there is any delay in the land being acquired by the relevant authority, section 23 of the Land Acquisition (Just Terms Compensation) Act 1991 requires the authority to acquire the land.

(2)  The authority of the State that will be the relevant authority to acquire land, if the land is required to be acquired under the owner-initiated acquisition provisions, is the authority of the State specified below in relation to the land shown on the Land Reservation Acquisition Map (or, if an authority of the State is not specified in relation to land required to be so acquired, the authority designated or determined under those provisions).

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 subclause (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 clause 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 subclause (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 clause is to provide flexibility where the investigation of a site and its surroundings reveals that a use allowed on the other side of a zone boundary would enable a more logical and appropriate development of the site and be compatible with the planning objectives and land uses for the adjoining zone.

(2)  This clause applies to so much of any land that is within the relevant distance of a boundary between any 2 zones. The relevant distance is 30 metres between any 2 zones.

(3)  This clause 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 clause applies for any purpose that may be carried out in the adjoining zone, but only if the consent authority is satisfied that—

(a)  the development is not inconsistent with the objectives for development in both zones, and

(b)  the carrying out of the development is desirable due to compatible land use planning, infrastructure capacity and other planning principles relating to the efficient and timely development of land.

(5)  The clause 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 clause 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 clause 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 clause applies to a fire alarm system that can be monitored by New South Wales Fire Brigades or by a private service provider.

(2)  The following development may be carried out, but only with consent—

(a)  converting a fire alarm system from connection with the alarm monitoring system of New South Wales Fire Brigades to connection with the alarm monitoring system of a private service provider,

(b)  converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with the alarm monitoring system of another private service provider,

(c)  converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with a different alarm monitoring system of the same private service provider.

(3), (4)    (Repealed)

(5)  In this clause—

private service provider means a person or body that has entered into an agreement that is in force with New South Wales Fire Brigades to monitor fire alarm systems.

5.9 Preservation of trees or vegetation

(1)  The objective of this clause is to preserve the amenity of the area through the preservation of trees and other vegetation.

(2)  This clause applies to species or kinds of trees or other vegetation that are prescribed for the purposes of this clause by a development control plan made by the Planning Secretary.

Note—

A development control plan may prescribe the trees or other vegetation to which this clause applies by reference to species, size, location or other manner.

(3)  A person must not ringbark, cut down, top, lop, remove, injure or wilfully destroy any tree or other vegetation to which any such development control plan applies without the authority conferred by—

(a)  development consent, or

(b)  a permit granted by the Council.

(4)  The refusal by the Council to grant a permit to a person who has duly applied for the grant of the permit is taken for the purposes of the Act to be a refusal by the Council to grant consent for the carrying out of the activity for which a permit was sought.

(5)  This clause does not apply to a tree or other vegetation that the Council is satisfied is dying or dead and is not required as the habitat of native fauna.

(6)  This clause does not apply to a tree or other vegetation that the Council is satisfied is a risk to human life or property.

(7)  This clause does not apply to or in respect of—

(a)  the clearing of native vegetation that is authorised by a development consent or property vegetation plan under the Native Vegetation Act 2003 or that is otherwise permitted under Division 2 or 3 of Part 3 of that Act, or

(b)  the clearing of vegetation on State protected land (within the meaning of clause 4 of Schedule 3 to the Native Vegetation Act 2003) that is authorised by a development consent under the provisions of the Native Vegetation Conservation Act 1997 as continued in force by that clause, or

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

(d)  action required or authorised to be done by or under the Electricity Supply Act 1995, the Roads Act 1993 or the Surveying Act 2002, or

(e)  plants declared to be noxious weeds under the Noxious Weeds Act 1993, or

(f)  existing native vegetation areas to which clause 6.6 of this Precinct Plan applies, or

(g)  native vegetation retention areas to which clause 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 clause, 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 clause does not apply to development for the purpose of providing, extending, augmenting, maintaining or repairing any public utility infrastructure referred to in this clause.

6.2 Development in Zone E2 Environmental Conservation

(1)  This clause 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 clause 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 clause 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 clause 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 clause 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 clause 6.2.

6.4 Development of land within Zone B7 Business Park—additional floor space ratio

(1)  This clause applies to land within Zone B7 Business Park.

(2)  The objectives of this clause 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 clause 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 clause 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 clause 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 clause applies to land within an existing native vegetation area as shown on the Native Vegetation Protection Map.

(3)  This clause does not apply to any vegetation declared to be noxious weeds under the Noxious Weeds Act 1993.

(4)  The consent authority must not grant development consent for development on land to which this clause applies unless 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 clause is to prevent the clearing of certain native vegetation.

(2)  This clause applies to land within a native vegetation retention area as shown on the Native Vegetation Protection Map.

(3)  This clause 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 clause 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 clause applies without—

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

(b)  development consent.

(6)  Development consent under this clause 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 clause 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

(Clause 2.5)

1 Certain land adjoining Zone B7 Business Park

(1)  This clause 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 clause applies.

Schedule 4 Classification and reclassification of public land

(Clause 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 3: Ins 2009 (392), Sch 1 [7]. Am 2010 (117), Sch 1 [46]–[48]; 2013 (706), Sch 2.16 [13]–[18]; 2017 (493), Sch 3.5 [1]; 2018 (68), Sch 2 [1]; 2019 (621), Sch 2.32[1]–[3]; 2021 (682), Sch 2[14]; 2021 (716), Sch 1.37[4].

sch 3: Rep 2007 (642), Sch 1 [25].

Appendix 4 Alex Avenue and Riverstone Precinct Plan 2010

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 clause 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 clause 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 clause does not affect the rights or interests of any public authority under any registered instrument.

(4)  Pursuant to section 28 of the Act, before the making of this clause, the Governor approved of subclauses (1)–(3).

Part 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 clause is subject to the other provisions of this Precinct Plan.

Notes—

1 Schedule 1 sets out additional permitted uses for particular land.

2 Clause 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 clause 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)    (Repealed)

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 this Policy 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 clause is to provide for the temporary use of land if the use does not compromise future development of the land, or have detrimental economic, social, amenity or environmental effects on the land 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 clause 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 3

3.1–3.3  (Repealed)

Part 4 Principal development standards

4.1A Minimum lot sizes for residential development in non-residential zones

(1)  The objectives of this clause 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 clause does not apply to land in Zone R2 Low Density Residential or Zone R3 Medium Density Residential.

(4)    (Repealed)

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 clause 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 clause 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 clause 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 clause 4.1AB, 4.1AE or 4.1AG.

4.1AD Subdivision resulting in lots between 225–300m 2

(1)  This clause 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 clause 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 clause 4.1AE or 4.1AF.

(3)  This clause 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 clause 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 clause 4.1AB, development consent may be granted to the erection of a dwelling house on a lot to which this clause applies if—

(a)  the lot results from a subdivision to which development consent has been granted in accordance with clause 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 clause 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 clause 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 clause 4.1AB(3), development consent may be granted to the erection of a dwelling house on a lot to which this clause applies if the lot meets the requirements of subclause (3) and—

(a)  the lot results from a subdivision for which development consent has been granted in accordance with clause 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 clause 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 subclause 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 subclause (2), development consent must not be granted to the erection of a dwelling house to which this clause 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 clause 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 clause 4.1AB(3), development consent may be granted to the erection of a dwelling house on a lot to which this clause 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 clause 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 clauses 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 clause 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 clause applies to residential development of the kind referred to in clause 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 clause applies is not to be less than the density shown on the Residential Density Map in relation to that land.

(4)  In this clause—

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 Dwellings on Riverstone Scheduled Lands

(1)  This clause applies to Riverstone Scheduled Lands.

(2)  A dwelling must not be erected on land to which this clause applies on any lot with a depth that exceeds 35 metres.

(3)  Subclause (2) does not apply to a lot that has direct frontage to Loftus Street, Bandon Road or Windsor Road.

4.3 Height of buildings

(1)  The objectives of this clause are as follows—

(a)  to establish the maximum height of buildings for development on land within the Alex Avenue and Riverstone Precincts,

(b)  to protect the amenity of adjoining development and land in terms of solar access to buildings and open space,

(c)  to facilitate higher density development in and around the local centre, the neighbourhood centres and major transport routes while minimising impacts on adjacent residential, commercial and open space areas,

(d)  to provide for a range of building heights in appropriate locations that provide a high quality urban 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.

4.4 Floor space ratio

(1)  The objective of this clause is to control the bulk and scale of buildings within the Alex Avenue and Riverstone Precincts by setting maximum floor space ratios for development in Zone R3 Medium Density Residential, Zone B1 Neighbourhood Centre, Zone B2 Local Centre, Zone B4 Mixed Use and Zone IN2 Light Industrial.

(2)  The maximum floor space ratio for a building on any land is not to exceed the maximum 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 clause are as follows—

(a)  to define floor space ratio,

(b)  to set out rules for the calculation of the site area of development for the purpose of applying permitted floor space ratios, including rules to—

(i)  prevent the inclusion in the site area of an area that has no significant development being carried out on it, and

(ii)  prevent the inclusion in the site area of an area that has already been included as part of a site area to maximise floor space area in another building, and

(iii)  require community land and public places to be dealt with separately.

(2) Definition of “floor space ratio” The floor space ratio of buildings on a site is the ratio of the gross floor area of all buildings within the site to the site area.

(3) Site area In determining the site area of proposed development for the purpose of applying a floor space ratio, the site area is taken to be—

(a)  if the proposed development is to be carried out on only one lot, the area of that lot, or

(b)  if the proposed development is to be carried out on 2 or more lots, the area of any lot on which the development is proposed to be carried out that has at least one common boundary with another lot on which the development is being carried out.

In addition, subclauses (4)–(7) apply to the calculation of site area for the purposes of applying a floor space ratio to proposed development.

(4) Exclusions from site area The following land must be excluded from the site area—

(a)  land on which the proposed development is prohibited, whether under this Precinct Plan or any other law,

(b)  community land or a public place (except as provided by subclause (7)).

(5) Strata subdivisions The area of a lot that is wholly or partly on top of another or others in a strata subdivision is to be included in the calculation of the site area only to the extent that it does not overlap with another lot already included in the site area calculation.

(6) Only significant development to be included The site area for proposed development must not include a lot additional to a lot or lots on which the development is being carried out unless the proposed development includes significant development on that additional lot.

(7) Certain public land to be separately considered For the purpose of applying a floor space ratio to any proposed development on, above or below community land or a public place, the site area must only include an area that is on, above or below that community land or public place, and is occupied or physically affected by the proposed development, and may not include any other area on which the proposed development is to be carried out.

(8) Existing buildings The gross floor area of any existing or proposed buildings within the vertical projection (above or below ground) of the boundaries of a site is to be included in the calculation of the total floor space for the purposes of applying a floor space ratio, whether or not the proposed development relates to all of the buildings.

(9) Covenants to prevent “double dipping” When consent is granted to development on a site comprised of 2 or more lots, a condition of the consent may require a covenant to be registered that prevents the creation of floor area on a lot (the restricted lot) if the consent authority is satisfied that an equivalent quantity of floor area will be created on another lot only because the site included the restricted lot.

(10) Covenants affect consolidated sites If—

(a)  a covenant of the kind referred to in subclause (9) applies to any land (affected land), 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 clause, public place has the same meaning as it has in the Local Government Act 1993.

4.6 Exceptions to development standards

(1)  The objectives of this clause are as follows—

(a)  to provide an appropriate degree of flexibility in applying certain development standards to particular development,

(b)  to achieve better outcomes for and from development by allowing flexibility in particular circumstances.

(2)  Consent may, subject to this clause, be granted for development even though the development would contravene a development standard imposed by this Policy or any other environmental planning instrument. However, this clause does not apply to a development standard that is expressly excluded from the operation of this clause.

(3)  Consent must not be granted for development that contravenes a development standard unless the consent authority has considered a written request from the applicant that seeks to justify the contravention of the development standard by demonstrating—

(a)  that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case, and

(b)  that there are sufficient environmental planning grounds to justify contravening the development standard.

(4)  Consent must not be granted for development that contravenes a development standard unless—

(a)  the consent authority is satisfied that—

(i)  the applicant’s written request has adequately addressed the matters required to be demonstrated by subclause (3), and

(ii)  the proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out, and

(b)  the concurrence of the Planning Secretary has been obtained.

(5)  In deciding whether to grant concurrence, the Planning 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 Planning Secretary before granting concurrence.

(6)  Consent must not be granted under this clause for a subdivision of land in Zone E2 if—

(a)  the subdivision will result in 2 or more lots of less than the minimum area specified for such lots by a development standard, or

(b)  the subdivision will result in at least one lot that is less than 90% of the minimum area specified for such a lot by a development standard.

(7)  After determining a development application made pursuant to this clause, the consent authority must keep a record of its assessment of the factors required to be addressed in the applicant’s written request referred to in subclause (3).

(8)  This clause does not allow consent to be granted for development that would contravene any of the following—

(a)  a development standard for complying development,

(b)  a development standard that arises, under the regulations under the Act, in connection with a commitment set out in a BASIX certificate for a building to which State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 applies or for the land on which such a building is situated,

(c)  clause 5.4.

(d), (e)    (Repealed)

Part 5 Miscellaneous provisions

5.1 Relevant acquisition authority

(1)  The objective of this clause is to identify, for the purposes of section 3.15 of the Act, the authority of the State that will be the relevant authority to acquire land reserved for certain public purposes if the land is required to be acquired under Division 3 of Part 2 of the Land Acquisition (Just Terms Compensation) Act 1991 (the owner-initiated acquisition provisions).

Note—

If the landholder will suffer hardship if there is any delay in the land being acquired by the relevant authority, section 23 of the Land Acquisition (Just Terms Compensation) Act 1991 requires the authority to acquire the land.

(2)  The authority of the State that will be the relevant authority to acquire land, if the land is required to be acquired under the owner-initiated acquisition provisions, is the authority of the State specified below in relation to the land shown on the Land Reservation Acquisition Map (or, if an authority of the State is not specified in relation to land required to be so acquired, the authority designated or determined under those provisions).

Type of land shown on Map	Authority of the State
Zone RE1 Public Recreation and marked “Local Open Space”	Council
Zone SP2 Infrastructure and marked “Local Drainage”	Council
Zone SP2 Infrastructure and marked “Classified Road”	Transport for NSW
Zone SP2 Infrastructure and marked “Local Road”	Council
Zone SP2 Infrastructure and marked “School”	The Minister administering the Education Act 1990
Zone SP2 Infrastructure and marked “Railway”	Rail Corporation New South Wales
Zone E2 Environmental Conservation and marked “Public Recreation—Local”	Council
Zone E2 Environmental Conservation and marked “Environmental Conservation”	The corporation constituted under section 2.5 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.

Note—

If land, other than land specified in the Table to subclause (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 clause 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 to this Precinct Plan 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 to this Precinct Plan 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 to this Precinct Plan—

(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 this Precinct Plan, 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 to this Precinct Plan, 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 subclause (5) applying to the public land concerned is required before the description of the land is inserted in Part 2 of Schedule 4 to this Precinct Plan.

5.3 Development near zone boundaries

(1)  The objective of this clause is to provide flexibility where the investigation of a site and its surroundings reveals that a use allowed on the other side of a zone boundary would enable a more logical and appropriate development of the site and be compatible with the planning objectives and land uses for the adjoining zone.

(2)  This clause applies to so much of any land that is within the relevant distance of a boundary between any 2 zones. The relevant distance is—

(a)  10 metres between Zone RE1 and any other zone, and

(b)  10 metres between Zone E2 and any other zone, and

(c)  30 metres between any two zones excluding Zones RE1 and E2.

(3)  This clause does not apply to 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 clause applies for any purpose that may be carried out in the adjoining zone, but only if the consent authority is satisfied that—

(a)  the development is not inconsistent with the objectives for development in both zones, and

(b)  the carrying out of the development is desirable due to compatible land use planning, infrastructure capacity and other planning principles relating to the efficient and timely development of land.

(5)  The clause 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 clause are as follows—

(a)  to ensure that architectural roof features are decorative elements only,

(b)  to ensure that the majority of the roof features are contained within the prescribed building height set out in clause 4.3.

(2)  Development that includes an architectural roof feature that exceeds, or causes a building to exceed, the height limits set by clause 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 clause applies to a fire alarm system that can be monitored by New South Wales Fire Brigades or by a private service provider.

(2)  The following development may be carried out, but only with consent—

(a)  converting a fire alarm system from connection with the alarm monitoring system of New South Wales Fire Brigades to connection with the alarm monitoring system of a private service provider,

(b)  converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with the alarm monitoring system of another private service provider,

(c)  converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with a different alarm monitoring system of the same private service provider.

(3), (4)    (Repealed)

(5)  In this clause—

private service provider means a person or body that has entered into an agreement that is in force with New South Wales Fire Brigades to monitor fire alarm systems.

5.9 Preservation of trees or vegetation

(1)  The objective of this clause is to preserve the amenity of the area through the preservation of trees and other vegetation.

(2)  This clause applies to species or kinds of trees or other vegetation that are prescribed for the purposes of this clause by a development control plan made by the Planning Secretary.

Note—

A development control plan may prescribe the trees or other vegetation to which this clause applies by reference to species, size, location or other manner.

(3)  A person must not ringbark, cut down, top, lop, remove, injure or wilfully destroy any tree or other vegetation to which any such development control plan applies without the authority conferred by—

(a)  development consent, or

(b)  a permit granted by the Council.

(4)  The refusal by the Council to grant a permit to a person who has duly applied for the grant of the permit is taken for the purposes of the Act to be a refusal by the Council to grant consent for the carrying out of the activity for which a permit was sought.

(5)  This clause does not apply to a tree or other vegetation that the Council is satisfied is dying or dead and is not required as the habitat of native fauna.

(6)  This clause does not apply to a tree or other vegetation that the Council is satisfied is a risk to human life or property.

(7)  A permit under this clause cannot allow any ringbarking, cutting down, topping, lopping, removal, injuring or destruction of a tree or other vegetation—

(a)  that is or forms part of a heritage item, or

(b)  that is within a heritage conservation area.

Note—

As a consequence of this subclause, the activities concerned will require development consent. The heritage provisions of clause 5.10 will be applicable to any such consent.

(8)  This clause does not apply to or in respect of—

(a)  the clearing of native vegetation that is authorised by a development consent or property vegetation plan under the Native Vegetation Act 2003 or that is otherwise permitted under Division 2 or 3 of Part 3 of that Act, or

(b)  the clearing of vegetation on State protected land (within the meaning of clause 4 of Schedule 3 to the Native Vegetation Act 2003) that is authorised by a development consent under the provisions of the Native Vegetation Conservation Act 1997 as continued in force by that clause, or

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

(d)  action required or authorised to be done by or under the Electricity Supply Act 1995, the Roads Act 1993 or the Surveying Act 2002, or

(e)  plants declared to be noxious weeds under the Noxious Weeds Act 1993, or

(f)  native vegetation to which clause 6.4 of this Precinct Plan applies, or

(g)  existing native vegetation to which clause 6.5 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 to this Precinct Plan.

(1) Objectives The objectives of this clause are—

(a)  to conserve the environmental heritage of the Alex Avenue and Riverstone Precincts, and

(b)  to conserve the heritage significance of heritage items and heritage conservation areas including associated fabric, settings and views, and

(c)  to conserve archaeological sites, and

(d)  to conserve places of Aboriginal heritage significance.

(2) Requirement for consent Development consent is required for any of the following—

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

(b)  altering a heritage item or a building, work, relic, tree or place within a heritage conservation area, including (in the case of a building) making changes to the detail, fabric, finish or appearance of its exterior,

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

(d)  disturbing or excavating an archaeological site while knowing, or having reasonable cause to suspect, that the disturbance or excavation will or is likely to result in a relic being discovered, exposed, moved, damaged or destroyed,

(e)  disturbing or excavating a heritage conservation area that is a place of Aboriginal heritage significance,

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

(g)  subdividing land on which a heritage item is located or that is within a heritage conservation area.

(3) When consent not required However, consent under this clause is not required if—

(a)  the applicant has notified the consent authority of the proposed development and the consent authority has advised the applicant in writing before any work is carried out that it is satisfied that the proposed development—

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

(ii)  would not adversely affect the significance of the heritage item, archaeological site or heritage conservation area, or

(b)  the development is in a cemetery or burial ground and the proposed development—

(i)  is the creation of a new grave or monument, or excavation or disturbance of land for the purpose of conserving or repairing monuments or grave markers, and

(ii)  would not cause disturbance to human remains, relics, Aboriginal objects in the form of grave goods, or to a place of Aboriginal heritage significance, or

(c)  the development is limited to the removal of a tree or other vegetation that the Council is satisfied is a risk to human life or property, or

(d)  the development is exempt development.

(4) Effect on heritage significance The consent authority must, before granting consent under this clause, consider the effect of the proposed development on the heritage significance of the heritage item or heritage conservation area concerned. This subclause applies regardless of whether a heritage impact statement is prepared under subclause (5) or a heritage conservation management plan is submitted under subclause (6).

(5) Heritage impact assessment The consent authority may, before granting consent to any development on land—

(a)  on which a heritage item is situated, or

(b)  within a heritage conservation area, 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 clause.

(7) Archaeological sites The consent authority must, before granting consent under this clause to the carrying out of development on an archaeological site (other than land listed on the State Heritage Register or to which an interim heritage order under the Heritage Act 1977 applies)—

(a)  notify the Heritage Council of its intention to grant consent, and

(b)  take into consideration any response received from the Heritage Council within 28 days after the notice is sent.

(8) Places of Aboriginal heritage significance The consent authority must, before granting consent under this clause to the carrying out of development in a place of Aboriginal heritage significance—

(a)  consider the effect of the proposed development on the heritage significance of the place and any Aboriginal object known or reasonably likely to be located at the place, and

(b)  notify the local Aboriginal communities (in such way as it thinks appropriate) about the application and take into consideration any response received within 28 days after the notice is sent.

(9) Demolition of item of State significance The consent authority must, before granting consent for the demolition of a heritage item identified in Schedule 5 to this Precinct Plan 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 with or without consent, or that is exempt development, 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 clause, 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 clause does not apply to development for the purpose of providing, extending, augmenting, maintaining or repairing any public utility infrastructure referred to in this clause.

6.2 Attached dwellings, manor homes and multi dwelling housing in Zone R2 Low Density Residential

(1)  The objectives of this clause are—

(a)  to permit, with development consent, attached dwellings, manor homes and multi dwelling housing within Zone R2 Low Density Residential in limited circumstances, and

(b)  to provide location and development criteria that must be satisfied before development consent can be granted.

(2)  Development for the purposes of attached dwellings or multi dwelling housing is permissible with development consent on land within Zone R2 Low Density Residential if the dwelling density (per hectare) shown on the Residential Density Map in relation to the land is 15 and the land—

(a)  adjoins land in Zone RE1 Public Recreation, or is separated from land in that zone only by a public road, or

(b)  adjoins land in Zone B1 Neighbourhood Centre, Zone B2 Local Centre or Zone B4 Mixed Use, or is separated from land in any of those zones only by a public road, or

(c)  is within 400m of land within Zone B1 Neighbourhood Centre or Zone B2 Local Centre and—

(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.

(2A)  Development for the purposes of attached dwellings or multi dwelling housing is permissible with development consent on land within Zone R2 Low Density Residential if the dwelling density (per hectare) shown on the Residential Density Map in relation to the land is 20.

(2B)  Development for the purposes of manor homes is permissible with development consent on land within Zone R2 Low Density Residential if—

(a)  the dwelling density (per hectare) shown on the Residential Density Map in relation to the land is 20, and

(b)  the land is located on the corner of 2 streets.

(3)  Before granting development consent under this clause the Council must be satisfied that—

(a)  the attached dwellings, manor homes or multi dwelling housing will not adversely impact on the amenity of adjoining residential properties, and

(b)  the attached dwellings or multi dwelling housing will be designed and oriented to provide active frontages to and surveillance of the public recreation or drainage land, and

(c)  the attached dwellings, manor homes or multi dwelling housing will not adversely impact upon or limit solar access to adjoining residential or public open space land.

(4)  This clause has effect despite anything to the contrary in the Land Use Table at the end of Part 2 or other provision of this Precinct Plan.

6.3 Information and educational facilities in Zone R2 Low Density Residential

(1)  The objectives of this clause are as follows—

(a)  to permit, with development consent, information and educational facilities within Zone R2 Low Density Residential in limited circumstances,

(b)  to provide criteria for the location and development of information and educational facilities within Zone R2 Low Density Residential in the Alex Avenue and Riverstone Precincts,

(c)  to ensure that development for the purposes of information and educational facilities does not detract from the character and amenity of the low density residential area.

(2)  Development for the purpose of information and educational facilities is permissible with development consent on land within Zone R2 Low Density Residential located—

(a)  on land adjoining land within Zone RE1 Public Recreation or Zone E2 Environmental Conservation, or separated from land within Zone RE1 Public Recreation or Zone E2 Environmental Conservation only by a public road, or

(b)  within 90 metres of a public transport stop, or

(c)  adjoining an educational establishment or a community facility or separated from an educational establishment or a community facility only by a public road.

(3)  Development consent must not be granted to an information and educational facility located within 800 metres of another information and educational facility within Zone R2 Low Density Residential.

(4)  This clause has effect despite anything to the contrary in the Land Use Table at the end of Part 2 or other provision of this Precinct Plan.

6.4 Development controls—native vegetation retention areas

(1)  The objective of this clause is to prevent the clearing of certain native vegetation.

(2)  This clause applies to land within a native vegetation retention area as shown on the Native Vegetation Protection Map.

(3)  This clause 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 clause 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 clause applies without—

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

(b)  development consent.

(6)  Development consent under this clause 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 clause 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.

Note—

A consent of the relevant consent authority required under this clause for the clearing of native vegetation is in addition to any development consent required or granted by the Minister for Climate Change and the Environment under the Native Vegetation Act 2003 in respect of that clearing.

6.5 Development controls—existing native vegetation

(1)  The objective of this clause 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 clause applies to land within an existing native vegetation area as shown on the Native Vegetation Protection Map.

(3)  This clause does not apply to any vegetation declared to be noxious weeds under the Noxious Weeds Act 1993.

(4)  The consent authority must not grant development consent for development on land to which this clause applies unless 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).

6.6 Ground floor development in Zone B4 Mixed Use

(1)  The objective of this clause is to ensure active uses are provided at the street level for certain buildings to encourage the presence and movement of people on certain land within Zone B4 Mixed Use.

(2)  This clause applies to land that is within Zone B4 Mixed Use and is adjacent to land within Zone RE1 Public Recreation or separated from land within Zone RE1 Public Recreation only by a road.

(3)  The ground floor of any building on land to which this clause applies—

(a)  must not be used for the purposes of residential accommodation, and

(b)  must have the primary building entrance and any ground floor tenancy or strata unit entrances facing land zoned RE1 Public Recreation.

6.7 Development in Zone B1 Neighbourhood Centre

(1)  The objective of this clause is to ensure active uses are provided at the street level to encourage the presence and movement of people.

(2)  This clause applies to land that is within Zone B1 Neighbourhood Centre.

(3)  The ground floor of any building on land to which this clause applies must not be used for the purposes of residential accommodation.

6.8 Development on Riverstone Scheduled Lands

(1)  The objectives of this clause are as follows—

(a)  to provide co-ordinated subdivision of Riverstone Scheduled Lands so that lots created have adequate infrastructure and access,

(b)  to facilitate residential development on Riverstone Scheduled Lands.

(2)  Consent must not be granted for the subdivision of any Riverstone Scheduled Lands unless every lot created by the subdivision has a frontage directly onto a public road and a maximum depth of 35 metres.

(3)  Subclause (2) does not apply to the subdivision of land that has a frontage directly onto Loftus Street, Bandon Road or Windsor Road.

6.9 Development on certain land identified as Green and Golden Bell Frog habitat

(1)  The clause applies to land within the Riverstone Precinct that is shown as “Green and Golden Bell Frog habitat” on the Land Zoning Map.

(2)  The objectives of this clause are as follows—

(a)  to ensure that suitable habitat for the Green and Golden Bell Frog species is created on certain land to which this clause applies,

(b)  to ensure that the biodiversity values of that habitat are protected and preserved,

(c)  to ensure that appropriate measures are in place to minimise or prevent any adverse impacts of development on the species or its habitat by protecting land surrounding that habitat.

(3)  Consent must not be granted for any development on the land to which this clause applies that is within Zone SP2 Infrastructure and marked “Drainage” unless the consent authority is satisfied that the development is consistent with any recovery plan (within the meaning of the Threatened Species Conservation Act 1995) for the Green and Golden Bell Frog or, if no such plan has been prepared and approved under that Act, the draft recovery plan for that frog prepared by the Department of Environment and Conservation dated February 2005.

(4)  Consent must not be granted for development on land to which this clause applies unless the consent authority is satisfied that the development will not adversely affect the quality and condition of any habitat of the Green and Golden Bell Frog on the land to which this clause applies that is within Zone SP2 Infrastructure and marked “Drainage”.

6.10 Development of land within or adjacent to public transport corridor

(1)  Consent must not be granted to development in the area marked “N” on the Land Zoning Map without the concurrence of Transport for NSW.

(2)  In determining whether to provide concurrence, Transport for NSW is to take into account the likely effect of the development on—

(a)  the practicability and cost of carrying out public transport projects on the land in the future, and

(b)  without limiting paragraph (a), the structural integrity or safety of, or ability to operate, public transport projects on the land in the future, and

(c)  without limiting paragraph (a), the land acquisition costs and the costs of construction, operation or maintenance of public transport projects on the land in the future.

Schedule 1 Additional permitted uses

(Clause 2.5)

1 Multi dwelling housing in the Riverstone Precinct

On a lot that has an area of at least 1,500m², being land shown on the Land Zoning Map as “Low density residential (Multi dwelling housing)”—multi dwelling housing.

Schedule 4 Classification and reclassification of public land

(Clause 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

Schedule 5 Environmental heritage

(Clause 5.10 and the definition of “heritage item” in Dictionary)

Heritage Items

Precinct	Item name	Address	Significance
Riverstone	Rosebank	213 Garfield Road	Local
Riverstone	Cassola	20 Riverstone Road	Local
Riverstone	Warrawong	158 Riverstone Road	Local
Riverstone	St John’s Catholic Church	164 Garfield Road East	Local
Riverstone	St Clare’s Convent	166 Garfield Road East	Local
Riverstone	Schofields Public School	St Albans Road Schofields	Local
Riverstone	Schofields Produce Store	Railway Terrace Schofields	Local
Riverstone	House	128 Westminster Street Schofields	Local
Riverstone	Riverstone High School—Slab Building	Regent Street Riverstone	Local

Appendix 4: Ins 2010 (192), Sch 1 [5]. Am 2012 (30), Sch 1 [2]–[6]; 2013 (706), Sch 2.16 [19]–[24]; 2014 (511), Sch 1 [15]–[27]; 2015 (790), Sch 1 [1]; 2016 (467), Sch 1 [4]–[6]; 2017 (493), Sch 3.5 [1]; 2018 (68), Sch 2 [1]; 2019 (621), Sch 2.32[1]–[3]; 2020 No 30, Sch 4.98[1]; 2021 (682), Sch 2[15]; 2021 (716), Sch 1.37[4].

Appendix 5 Marsden Park Industrial Precinct Plan

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 Marsden Park Industrial Precinct Plan 2010.

1.2 Aims of Precinct Plan

The aims of this Precinct Plan are as follows—

(a)  to make development controls for land in the Marsden Park Industrial 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 multifunctional and innovative development in the Precinct that encourages employment and economic growth,

(e)  to promote housing choice and affordability in the Precinct,

(f)  to provide for the sustainable development of the Precinct,

(g)  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 Marsden Park Industrial Precinct as shown on the Land Application Map.

1.4 Definition

In this Precinct Plan, Council means Blacktown City Council.

Note—

The Dictionary at the end of this State Environmental Planning Policy defines words and expressions for the purposes of this Precinct Plan, including the relevant maps.

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 clause 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 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 and other instruments. 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 Marsden Park Industrial 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 clause 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 clause does not affect the rights or interests of any public authority under any registered instrument.

(4)  Pursuant to section 28 of the Act, the Governor, before the making of this clause, approved of subclauses (1)–(3).

Part 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

B5 Business Development

B7 Business Park

Industrial Zones

IN1 General Industrial

IN2 Light Industrial

Special Purpose Zones

SP2 Infrastructure

Recreation Zones

RE1 Public 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 this Policy) a reference to a type of building or other thing referred to separately in the Table in relation to the same zone.

(4)  This clause is subject to the other provisions of this Precinct Plan.

Notes—

1 Schedule 1 sets out additional permitted uses for particular land.

2 Clause 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 clause 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)    (Repealed)

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 State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 as exempt development.

2.6BB Temporary use of land

(1)  The objective of this clause is to provide for the temporary use of land if the use does not compromise future development of the land, or have detrimental economic, social, amenity or environmental effects on the land.

(2)  Despite any other provision of this Precinct Plan, 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 Precinct Plan and this or any other applicable environmental planning instrument, and

(b)  the temporary use will not adversely impact on any adjoining land or the amenity of the neighbourhood, and

(c)  the temporary use and location of any structures related to the use will not adversely impact on environmental attributes or features of the land, or increase the risk of natural hazards that may affect the land, and

(d)  at the end of the temporary use period, the site will, as far as is practicable, be restored to the condition in which it was before the commencement of the use.

(4)  Despite subclause (2), the temporary use of a dwelling as a sales office for a new release area or a new housing estate may exceed the maximum number of days specified in that subclause.

(5)  Subclause (3)(d) does not apply to the temporary use of a dwelling as a sales office mentioned in subclause (4).

(6)  This clause 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; 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; Swimming pools; Veterinary hospitals

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 support the well-being of the community, by enabling educational, recreational, community, religious 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; Shop top housing; Studio dwellings; Any other development not specified in item 2 or 4

4 Prohibited

Agriculture; Air transport facilities; Airstrips; Amusement centres; Biosolid waste applications; Boat repair facilities; Boat sheds; Business premises; Caravan parks; Cemeteries; Charter and tourism boating facilities; Correctional centres; Crematoria; Depots; Entertainment facilities; Freight transport facilities; Function centres; Helipads; Highway service centres; Home occupations (sex services); Industries; Information and education facilities; Marinas; Mortuaries; Moveable dwellings; 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; Waste or resource management facilities; Wholesale supplies

Zone B5   Business Development

1 Objectives of zone

•  To enable a mix of business and warehouse uses in locations that are close to, and that support the viability of, centres.

•  To allow development that is compatible with the scale, form and character of existing buildings and the surrounding area.

2 Permitted without consent

Nil

3 Permitted with consent

Bulky goods premises; Business premises; Car parks; Centre-based child care facilities; Community facilities; Earthworks; Educational establishments; Entertainment facilities; Function centres; Garden centres; Hardware and building supplies; Landscaping material supplies; Passenger transport facilities; Places of public worship; Pubs; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Registered clubs; Roads; Service stations; Signage; Storage premises; Vehicle sales or hire premises; Veterinary hospitals; Warehouse or distribution centres

4 Prohibited

Any development not specified in item 2 or 3

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; Farm buildings; Helipads; Home-based child care; Home businesses; Home industries; Home occupations; Home occupations (sex services); Industries; Information and education facilities; Moveable dwellings; 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; Recreation facilities (major); Registered clubs; Roads; Take away food and drink premises; Warehouse or distribution centres; Waste or resource management facilities; 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; 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; Earthworks; Food and drink premises; Freight transport facilities; Garden centres; Hardware and building supplies; Landscaping material supplies; Light industries; Neighbourhood shops; Roads; Service stations; Vehicle body repair workshops; Vehicle repair stations; Warehouse or distribution centres; 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; Farm buildings; Function centres; Hazardous storage establishments; Helipads; Home-based child care; Home businesses; Home occupations; Home occupations (sex services); Hospitals; Industries; Information and education facilities; Moveable dwellings; Offensive storage establishments; Office premises; Public administration buildings; Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; 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; Earthworks; Environmental protection works; Flood mitigation works; Recreation areas; Recreation facilities (outdoor); 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

Building identification signs; Business identification signs; Community facilities; 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

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 3

3.1–3.3  (Repealed)

Part 4 Principal development standards

4.1 Minimum subdivision lot size

(1)  The objectives of this clause 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 clause applies to a subdivision of any land shown on the Lot Size Map that requires development consent and that is carried out after the commencement of this Precinct Plan.

(3)  The size of any lot resulting from any such subdivision of land to which this clause applies is not to be less than the minimum size shown on the Lot Size Map in relation to that land.

(4)  This clause does not apply in relation to the subdivision of individual lots in a strata plan or community title scheme.

4.1AA Subdivision resulting in lots between 225–300m 2

(1)  This clause 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 clause applies resulting in the creation of either of the following 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—

(a)  in the case of land in Zone R2 Low Density Residential—a lot that has an area less than 300m² (but not less than 250m²),

(b)  in the case of land in Zone R3 Medium Density Residential—a lot that has an area less than 300m² (but not less than 225m²).

(3)  This clause does not apply to a subdivision that is the subject of a development application under clause 4.1AD(2)(b), 4.1AE(2)(b) or 4.1AF.

4.1AB Minimum lot sizes for other development

Development must not be carried out on a lot in Zone R2 Low Density Residential or Zone R3 Medium Density Residential 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)  dwelling house—300m²,

(b)  dual occupancy—500m²,

(c)  attached dwelling—1,500m²,

(d)  residential flat building—2,000m²,

(e)  semi-detached dwelling—200m² for land in Zone R2 Low Density Residential and 150m² for land in Zone R3 Medium Density Residential,

(f)  manor home—600m²,

(g)  multi dwelling housing—1,500m².

Note—

In accordance with clause 6.2, attached dwellings and multi dwelling housing are permitted with development consent in limited circumstances on land in Zone R2 Low Density Residential.

4.1AC Minimum lot sizes for secondary dwellings in Zone R2 Low Density Residential and Zone R3 Medium Density Residential

(1)  This clause 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, determined in accordance with clause 4.1AB, 4.1AD or 4.1AF.

4.1AD Exceptions to minimum lot sizes for dwelling houses

(1)  This clause 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),

(b)  a lot in Zone R3 Medium Density Residential that has an area of less than 300m² (but not less than 225m²).

(2)  Despite clause 4.1AB(1), development consent may be granted to the erection of a dwelling house on a lot to which this clause applies if—

(a)  the lot results from a subdivision to which development consent has been granted in accordance with clause 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 clause in determining the development application for that subdivision, or

(b)  the development application is a single development application for development that 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 other lots in Zone R2 Low Density Residential

(1)  This clause applies to a lot in Zone R2 Low Density Residential that has an area less than 250m² (but not less than 225m²).

(2)  Despite clause 4.1AB(1), development consent may be granted to the erection of a dwelling house on a lot to which this clause applies if the lot meets the requirements of subclause (3) and—

(a)  the lot results from a subdivision to which development consent has been granted in accordance with clause 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 clause 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 subclause if—

(a)  the lot adjoins land in Zone RE1 Public Recreation, or is separated from land in that zone only by a public road, or

(b)  the lot adjoins land in Zone B1 Neighbourhood Centre, Zone B2 Local Centre or Zone B4 Mixed Use (whether in this or any other Precinct), or is separated from land in any of those zones only by a public road, or

(c)  the lot is within 400m of land in Zone B1 Neighbourhood Centre or Zone B2 Local Centre and—

(i)  adjoins land in Zone SP2 Infrastructure that is set aside for drainage or educational purposes, or

(ii)  is separated from land in Zone SP2 Infrastructure that is set aside for drainage or educational purposes only by a public road.

(4)  Despite subclause (2), development consent must not be granted to the erection of a dwelling house on a lot to which this clause 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.

4.1AF Exceptions to minimum lot sizes for dwelling houses on small lots

(1)  This clause applies to a lot in Zone R3 Medium Density Residential that has an area less than 225m² (but not less than 125m²).

(2)  Despite clause 4.1AB(1), development consent may be granted to the erection of a dwelling house on a lot to which this clause applies if the development application is a single development application for development that 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.

4.1AG Minimum lot sizes in split zones

(1)  This clause 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 clauses 4.1AA–4.1AF, 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.

4.3 Height of buildings

(1)  The objectives of this clause are as follows—

(a)  to establish the maximum height of buildings on land within the Marsden Park Industrial 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, industrial and residential development,

(d)  to establish parameters for and promote a high quality built form,

(e)  to protect the amenity of adjoining development and land in terms of solar access to buildings and open space.

(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.

4.4 Floor space ratio

(1)  The objective of this clause is to control the bulk and scale of buildings within the Marsden Park Industrial Precinct by setting maximum floor space ratios for development within Zone R2 Low Density Residential, Zone R3 Medium Density Residential, Zone B5 Business Development, Zone B7 Business Park and Zone IN2 Light Industrial.

(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 clause are as follows—

(a)  to define floor space ratio,

(b)  to set out rules for the calculation of the site area of development for the purpose of applying permitted floor space ratios, including rules to—

(i)  prevent the inclusion in the site area of an area that has no significant development being carried out on it, and

(ii)  prevent the inclusion in the site area of an area that has already been included as part of a site area to maximise floor space area in another building, and

(iii)  require community land and public places to be dealt with separately.

(2) Definition of “floor space ratio” The floor space ratio of buildings on a site is the ratio of the gross floor area of all buildings within the site to the site area.

(3) Site area In determining the site area of proposed development for the purpose of applying a floor space ratio, the site area is taken to be—

(a)  if the proposed development is to be carried out on only one lot, the area of that lot, or

(b)  if the proposed development is to be carried out on 2 or more lots, the area of any lot on which the development is proposed to be carried out that has at least one common boundary with another lot on which the development is being carried out.

In addition, subclauses (4)–(7) apply to the calculation of site area for the purposes of applying a floor space ratio to proposed development.

(4) Exclusions from site area The following land must be excluded from the site area—

(a)  land on which the proposed development is prohibited, whether under this Precinct Plan or any other law,

(b)  community land or a public place (except as provided by subclause (7)).

(5) Strata subdivisions The area of a lot that is wholly or partly on top of another or others in a strata subdivision is to be included in the calculation of the site area only to the extent that it does not overlap with another lot already included in the site area calculation.

(6) Only significant development to be included The site area for proposed development must not include a lot additional to a lot or lots on which the development is being carried out unless the proposed development includes significant development on that additional lot.

(7) Certain public land to be separately considered For the purpose of applying a floor space ratio to any proposed development on, above or below community land or a public place, the site area must only include an area that is on, above or below that community land or public place, and is occupied or physically affected by the proposed development, and may not include any other area on which the proposed development is to be carried out.

(8) Existing buildings The gross floor area of any existing or proposed buildings within the vertical projection (above or below ground) of the boundaries of a site is to be included in the calculation of the total floor space for the purposes of applying a floor space ratio, whether or not the proposed development relates to all of the buildings.

(9) Covenants to prevent “double dipping” When consent is granted to development on a site comprised of 2 or more lots, a condition of the consent may require a covenant to be registered that prevents the creation of floor area on a lot (the restricted lot) if the consent authority is satisfied that an equivalent quantity of floor area will be created on another lot only because the site included the restricted lot.

(10) Covenants affect consolidated sites If—

(a)  a covenant of the kind referred to in subclause (9) applies to any land (affected land), 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 clause, public place has the same meaning as it has in the Local Government Act 1993.

4.5A Shops—total 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 the purpose of shops in a particular development for that purpose on land within Zone B7 Business Park must not exceed 500 square metres.

(3)  The total gross floor area used for the purpose of neighbourhood shops on all land within Zone IN1 General Industrial and Zone IN2 Light Industrial combined must not exceed 3,500 square metres.

4.5B Floor space ratio for certain development

Despite clause 4.4, the maximum floor space ratio for a building on land shown as “Area D” on the Floor Space Ratio Map is not to exceed 1:1 if the building is used for any of the following purposes—

(a)  educational establishments,

(b)  hardware and building supplies,

(c)  recreation facilities (major),

(d)  registered clubs,

(e)  service stations.

4.6 Exceptions to development standards

(1)  The objectives of this clause are as follows—

(a)  to provide an appropriate degree of flexibility in applying certain development standards to particular development,

(b)  to achieve better outcomes for and from development by allowing flexibility in particular circumstances.

(2)  Consent may, subject to this clause, be granted for development even though the development would contravene a development standard imposed by this or any other environmental planning instrument. However, this clause does not apply to a development standard that is expressly excluded from the operation of this clause.

(3)  Consent must not be granted for development that contravenes a development standard unless the consent authority has considered a written request from the applicant that seeks to justify the contravention of the development standard by demonstrating—

(a)  that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case, and

(b)  that there are sufficient environmental planning grounds to justify contravening the development standard.

(4)  Consent must not be granted for development that contravenes a development standard unless—

(a)  the consent authority is satisfied that—

(i)  the applicant’s written request has adequately addressed the matters required to be demonstrated by subclause (3), and

(ii)  the proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out, and

(b)  the concurrence of the Planning Secretary has been obtained.

(5)  In deciding whether to grant concurrence, the Planning Secretary must consider—

(a)  whether contravention of the development standard raises any matter of significance for State 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 Planning Secretary before granting concurrence.

(6)  Consent must not be granted under this clause 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)  After determining a development application made pursuant to this clause, the consent authority must keep a record of its assessment of the factors required to be addressed in the applicant’s written request referred to in subclause (3).

(8)  This clause does not allow consent to be granted for development that would contravene any of the following—

(a)  a development standard for complying development,

(b)  a development standard that arises, under the regulations under the Act, in connection with a commitment set out in a BASIX certificate for a building to which State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 applies or for the land on which such a building is situated,

(c)  clause 4.1,

(d)  clause 5.4.

Part 5 Miscellaneous provisions

5.1 Relevant acquisition authority

(1)  The objective of this clause is to identify, for the purposes of section 3.15 of the Act, the authority of the State that will be the relevant authority to acquire land reserved for certain public purposes if the land is required to be acquired under Division 3 of Part 2 of the Land Acquisition (Just Terms Compensation) Act 1991 (the owner-initiated acquisition provisions).

Note—

If the landholder will suffer hardship if there is any delay in the land being acquired by the relevant authority, section 23 of the Land Acquisition (Just Terms Compensation) Act 1991 requires the authority to acquire the land.

(2)  The authority of the State that will be the relevant authority to acquire land, if the land is required to be acquired under the owner-initiated acquisition provisions, is the authority of the State specified below in relation to the land shown on the Land Reservation Acquisition Map (or, if an authority of the State is not specified in relation to land required to be so acquired, the authority designated or determined under those provisions).

Type of land shown on Map	Authority of the State
Zone RE1 Public Recreation and marked “Local Open Space (RE1)”	Council
Zone SP2 Infrastructure and marked “Local Road Widening (SP2)”	Council
Zone SP2 Infrastructure and marked “Local Drainage (SP2)”	Council
Zone SP2 Infrastructure and marked “Local Road (SP2)”	Council
Zone SP2 Infrastructure and marked “Classified Road Widening”	Transport for NSW
Zone SP2 Infrastructure and marked “Classified Road”	Transport for NSW
Zone SP2 Infrastructure and marked “Bus Only Link”	Transport for NSW

(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 subclause (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 clause 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 to this Appendix 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 to this Appendix 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 subclause (5) applying to the public land concerned is required before the description of the land is inserted in Part 2 of Schedule 4 to this Appendix.

5.3 Development near zone boundaries

(1)  The objective of this clause is to provide flexibility where the investigation of a site and its surroundings reveals that a use allowed on the other side of a zone boundary would enable a more logical and appropriate development of the site and be compatible with the planning objectives and land uses for the adjoining zone.

(2)  This clause applies to so much of any land that is within the relevant distance of a boundary between any 2 zones. The relevant distance is as follows—

(a)  in the case of a boundary between Zone SP2 Infrastructure and any other zone—100 metres,

(b)  in any other case—30 metres.

(3)  This clause 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 clause applies for any purpose that may be carried out in the adjoining zone, but only if the consent authority is satisfied that—

(a)  the development is not inconsistent with the objectives for development in both zones, and

(b)  the carrying out of the development is desirable due to compatible land use planning, infrastructure capacity and other planning principles relating to the efficient and timely development of land.

(5)  The clause 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 gross 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 gross floor area.

(4) Industrial retail outlets If development for the purposes of an industrial retail outlet is permitted under this Precinct Plan, the retail gross 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 gross floor area must not exceed 500 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 gross 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 gross floor area of both the self-contained dwelling and the principal dwelling.

5.6 Architectural roof features

(1)  The objectives of this clause 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 clause 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 clause applies to a fire alarm system that can be monitored by New South Wales Fire Brigades or by a private service provider.

(2)  The following development may be carried out, but only with consent—

(a)  converting a fire alarm system from connection with the alarm monitoring system of New South Wales Fire Brigades to connection with the alarm monitoring system of a private service provider,

(b)  converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with the alarm monitoring system of another private service provider,

(c)  converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with a different alarm monitoring system of the same private service provider.

(3), (4)    (Repealed)

(5)  In this clause—

private service provider means a person or body that has entered into an agreement that is in force with New South Wales Fire Brigades to monitor fire alarm systems.

5.9 Preservation of trees or vegetation

(1)  The objective of this clause is to preserve the amenity of the area through the preservation of trees and other vegetation.

(2)  This clause applies to species or kinds of trees or other vegetation that are prescribed for the purposes of this clause by a development control plan made by the Planning Secretary.

Note—

A development control plan may prescribe the trees or other vegetation to which this clause applies by reference to species, size, location or other manner.

(3)  A person must not ringbark, cut down, top, lop, remove, injure or wilfully destroy any tree or other vegetation to which any such development control plan applies without the authority conferred by—

(a)  development consent, or

(b)  a permit granted by the Council.

(4)  The refusal by the Council to grant a permit to a person who has duly applied for the grant of the permit is taken for the purposes of the Act to be a refusal by the Council to grant consent for the carrying out of the activity for which a permit was sought.

(5)  This clause does not apply to a tree or other vegetation that the Council is satisfied is dying or dead and is not required as the habitat of native fauna.

(6)  This clause does not apply to a tree or other vegetation that the Council is satisfied is a risk to human life or property.

(7)  This clause does not apply to or in respect of—

(a)  the clearing of native vegetation that is authorised by a development consent or property vegetation plan under the Native Vegetation Act 2003 or that is otherwise permitted under Division 2 or 3 of Part 3 of that Act, or

(b)  the clearing of vegetation on State protected land (within the meaning of clause 4 of Schedule 3 to the Native Vegetation Act 2003) that is authorised by a development consent under the provisions of the Native Vegetation Conservation Act 1997 as continued in force by that clause, or

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

(d)  action required or authorised to be done by or under the Electricity Supply Act 1995, the Roads Act 1993 or the Surveying and Spatial Information Act 2002, or

(e)  plants declared to be noxious weeds under the Noxious Weeds Act 1993, or

(f)  native vegetation retention areas to which clause 6.4 of this Precinct Plan applies, or

(g)  existing native vegetation to which clause 6.5 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 clause, 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 clause does not apply to development for the purpose of providing, extending, augmenting, maintaining or repairing any public utility infrastructure referred to in this clause.

6.2 Attached dwellings and multi dwelling housing in Zone R2 Low Density Residential

(1)  The objectives of this clause are—

(a)  to permit, with development consent, attached dwellings and multi dwelling housing within Zone R2 Low Density Residential in limited circumstances, and

(b)  to provide location and development criteria that must be satisfied before development consent can be granted.

(2)  Development for the purposes of attached dwellings or multi dwelling housing is permissible with development consent on land in Zone R2 Low Density Residential that—

(a)  adjoins land in Zone RE1 Public Recreation, or is separated from land in that zone only by a public road, or

(b)  adjoins land in Zone B1 Neighbourhood Centre, Zone B2 Local Centre or Zone B4 Mixed Use (whether in this or any other Precinct), or is separated from land within any of those zones land only by a public road, or

(c)  is within 400m of land in Zone B1 Neighbourhood Centre or Zone B2 Local Centre and—

(i)  adjoins land in Zone SP2 Infrastructure that is set aside for drainage or educational purposes, or

(ii)  is separated from land in Zone SP2 Infrastructure that is set aside for drainage or educational purposes only by a public road.

(3)  Development consent must not be granted under this clause unless the consent authority is satisfied that—

(a)  the attached dwellings or multi dwelling housing will not adversely impact on the amenity of any adjoining residential properties, and

(b)  the attached dwellings or multi dwelling housing will be designed and oriented to provide active frontages to and surveillance of the public recreation or drainage land, and

(c)  the attached dwellings or multi dwelling housing will not adversely impact on or limit solar access to any adjoining residential properties or public open space land.

(4)  This clause has effect despite anything to the contrary in the Land Use Table or any other provision of this Precinct Plan.

6.3 Information and educational facilities in Zone R2 Low Density Residential

(1)  The objectives of this clause are as follows—

(a)  to permit, with development consent, information and education facilities within Zone R2 Low Density Residential in limited circumstances,

(b)  to provide criteria for the location and development of information and education facilities within Zone R2 Low Density Residential in the Marsden Park Industrial Precinct,

(c)  to ensure that development for the purposes of information and education facilities does not detract from the character and amenity of land within Zone R2 Low Density Residential.

(2)  Development for the purpose of information and education facilities is permissible with development consent only on land within Zone R2 Low Density Residential that—

(a)  adjoins land within the Public Recreation—Regional Zone (as referred to in Part 3 of this Policy) or Zone E2 Environmental Conservation, or that is separated from land within the Public Recreation—Regional Zone or Zone E2 Environmental Conservation only by a public road, or

(b)  is within 90 metres of a public transport stop, or

(c)  adjoins an educational establishment or a community facility or that is separated from an educational establishment or a community facility only by a public road.

(3)  Development consent must not be granted for an information and education facility if it would be located within 800 metres of another information and educational facility within Zone R2 Low Density Residential.

6.4 Development controls—native vegetation retention areas and riparian protection areas

(1)  The objective of this clause is to prevent the clearing of certain native vegetation.

(2)  This clause 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 clause 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 clause 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 clause applies without—

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

(b)  development consent.

(6)  Development consent under this clause 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 clause does not apply to or in respect of action required or authorised to be done by or under the Electricity Supply Act 1995, the Roads Act 1993, the Surveying and Spatial Information Act 2002 or the Sydney Water Act 1994.

6.5 Development controls—existing native vegetation

(1)  The objective of this clause 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 clause applies to land within an existing native vegetation area as shown on the Native Vegetation Protection Map.

(3)  This clause does not apply to any vegetation declared to be noxious weeds under the Noxious Weeds Act 1993.

(4)  The consent authority must not grant development consent for development on land to which this clause applies unless 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).

Schedule 1 Additional permitted uses

(Clause 2.5)

1 Take away food and drink premises within Zone B5 Business Development

Land shown hatched on the Land Zoning Map—development for the purpose of take away food and drink premises.

2 Retail premises and vehicle repair stations at Hollinsworth Road, Marsden Park

(1)  This clause applies to land at Hollinsworth Road, Marsden Park, being part of Lot 141, DP 1190289, identified as “B” on the Special Areas Map.

(2)  Development for the purposes of retail premises and vehicle repair stations is permitted with development consent if—

(a)  the site area is at least 20,000m², and

(b)  the gross floor area is at least 13,000m², and

(c)  the Council is satisfied that the development is to be managed by a single operator.

3 Hotel or motel accommodation at 45 Hollinsworth Road, Marsden Park

(1)  This clause applies to Lot 1, DP 1176437, 45 Hollinsworth Road, Marsden Park.

(2)  Development for the purposes of hotel or motel accommodation is permitted with development consent.

Schedule 4 Classification and reclassification of public land

(Clause 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 5: Ins 2010 (635), Sch 1 [3]. Am 2011 (601), Sch 1 [1]–[4]; 2013 (706), Sch 2.16 [25]–[30]; 2014 (511), Sch 1 [28]–[35]; 2015 (196), cl 5; 2016 (467), Sch 1 [7]; 2017 (493), Sch 3.5 [1]; 2017 (509), cl 4 (1) (2); 2018 (68), Sch 2 [1]; 2019 (138), Sch 1 [1]; 2019 (621), Sch 2.32[1]–[3]; 2020 No 30, Sch 4.98[2]; 2021 (348), cl 5; 2021 (701), cl 4; 2021 (716), Sch 1.37[4].

Appendix 6 Area 20 Precinct Plan

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 Area 20 Precinct Plan 2011.

1.2 Aims of Precinct Plan

The aims of this Precinct Plan are as follows—

(a)  to make development controls for land in the Area 20 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 multifunctional and innovative development in the Precinct that encourages employment and economic growth,

(e)  to promote housing choice and affordability in the Precinct,

(f)  to provide for the sustainable development of the Precinct,

(g)  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 Area 20 Precinct 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 Area 20 Precinct (as shown on the Precinct Boundary Map).

1.4 Definitions

In this Precinct Plan—

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

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 clause 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 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 and other instruments. 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 Area 20 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 consent granted under the Act, any agreement, covenant or other similar instrument that restricts the carrying out of that development does not apply to the extent necessary to serve that purpose.

(2)  This clause does not apply—

(a)  to a covenant imposed by the Council or that the Council requires to be imposed, or

(b)  to any 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 clause does not affect the rights or interests of any public authority under any registered instrument.

(4)  Under section 28 of the Act, the Governor, before the making of this clause, approved of subclauses (1)–(3).

Part 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

B2 Local Centre

B4 Mixed Use

Special Purpose Zones

SP2 Infrastructure

Recreation Zones

RE1 Public 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 this Policy) a reference to a type of building or other thing referred to separately in the Table in relation to the same zone.

(4)  This clause is subject to the other provisions of this Precinct Plan.

Notes—

1 Schedule 1 sets out additional permitted uses for particular land.

2 Clause 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 clause has effect despite anything to the contrary in the Land Use Table at the end o