Bankstown Local Environmental Plan No 213—Bankstown Central Business District (2001-302) [GG No 81 of 11.5.2001, p 2347] (NSW)
2001 No 302
| Bankstown Local Environmental Plan | New South Wales |
No 213—Bankstown Central
Business District
under the
Environmental Planning and Assessment Act 1979
I, the Minister for Urban Affairs and Planning, make the following local environmental plan under the Environmental Planning and Assessment Act 1979. (P00/00004/PC)
ANDREW REFSHAUGE, M.P.,
Minister for Urban Affairs and Planning
Sydney, 3 May 2001
| Published in Gazette No 81 of 11 May 2001, page 2347 | Page 1 |
| [28] | |
| 2001 No 302 | |
| Bankstown Local Environmental Plan No 213—Bankstown Central Business District | |
| Contents | |
| Contents |
Page
| Part 1 | Preliminary |
| 1 | Name of this plan | 4 |
| 2 | Land covered by this plan | 4 |
| 3 Consent authority | 4 |
| 4 | Aims of this plan | 4 |
| 5 | Relationship to other environmental planning instruments | 4 |
| 6 | Definitions | 5 |
| Part 2 | Zoning | |
|
| 7 | Zones of Bankstown CBD | 6 |
| 8 | Effect of zone objectives | 6 |
| Division 2 | CBD Residential 2 (c) Zone |
| 9 | Objectives of the CBD Residential 2 (c) Zone | 6 |
| 10 | Development within the CBD Residential 2 (c) Zone | 6 |
| Division 3 | CBD Commercial 3 (a) Zone |
| 11 | Objectives of the CBD Commercial 3 (a) Zone | 7 |
| 12 | Development within the CBD Commercial 3 (a) Zone | 8 |
| Division 4 | Special Uses 5 Zone |
| 13 | Objectives of the Special Uses 5 Zone | 9 |
| 14 | Development within the Special Uses 5 Zone | 9 |
| 15 Railway land | 10 |
2001 No 302
Bankstown Local Environmental Plan No 213—Bankstown Central Business District
Contents
Page
| Division 5 | Public Open Space 6 (a) (Existing and Proposed) Zone |
16 Objectives of the Public Open Space 6 (a) (Existing
|
17 Development within the Public Open Space 6 (a)
|
| Division 6 | Private Open Space 6 (b) Zone |
| 18 | Objectives of the Private Open Space 6 (b) Zone | 12 |
| 19 | Development in the Private Open Space 6 (b) Zone | 12 |
| Part 3 | Floor space ratios |
| 20 | Objectives for floor space ratio controls | 14 |
| 21 | Maximum floor space ratios | 14 |
| Part 4 | Special provisions |
| 22 | Development by public authorities | 15 |
| 23 | Consent for minor works | 15 |
| 24 | Provision of water supply and sewerage | 15 |
| 25 | Consent for temporary use of land | 15 |
| 26 | Special subdivision provisions | 16 |
| 27 | Suspension of covenants | 16 |
| 28 | Access to an arterial road | 16 |
Schedules
| 1 | Definitions | 18 |
| 2 | Development by public authorities | 23 |
2001 No 302
| Clause 1 | Bankstown Local Environmental Plan No 213—Bankstown Central Business District |
| Part 1 | Preliminary |
Bankstown Local Environmental Plan
No 213—Bankstown Central Business District
Part 1 Preliminary
1 Name of this plan
This plan is Bankstown Local Environmental Plan No 213—
Bankstown Central Business District.
2 Land covered by this plan
This plan applies to Bankstown Central Business District, being the land shown in colour on the zoning map.
3 Consent authority
The Council is the consent authority for the purposes of this plan.
4 Aims of this plan
The aims of this plan are:
| (a) | to reinforce the status of Bankstown CBD as a metropolitan regional centre, and |
| (b) | to establish a clear structure of land uses within Bankstown CBD to help focus the desired future character of the different activity precincts in the centre, and |
| (c) | to encourage mixed-use development within the commercial zone to create a living centre with a 24-hour life, and |
| (d) | to introduce floor space incentives to encourage the redevelopment of key sites. |
5 Relationship to other environmental planning instruments
(1) Any provisions of an environmental planning instrument that, immediately before the commencement of this plan, applied to or in respect of any land to which this plan applies, do not apply to or in respect of that land, subject to subclauses (2) and (3).
2001 No 302
| Bankstown Local Environmental Plan No 213—Bankstown Central | Clause 5 |
| Business District | |
| Preliminary | Part 1 |
(2) Environmental planning instruments that, immediately before the commencement of this plan, applied to or in respect of any land to which this plan applies continue to apply to a development application if:
| (a) | the application was made but had not been finally determined before that commencement, and |
| (b) | the proposed development is prohibited by provisions of this plan but could, with development consent, have been carried out in accordance with those instruments as in force immediately before that commencement. |
(3) This clause does not affect the application of the following environmental planning instruments to the land to which this plan applies:
| (a) | any State environmental planning policy or regional environmental plan, |
| (b) | any environmental planning instrument that provides for heritage items in the Bankstown area, insofar as it relates to those heritage items, |
| (c) | any environmental planning instrument that provides for exempt and complying development in the Bankstown area, insofar it relates to exempt and complying development. |
6 Definitions
| (1) | Expressions used in this plan that are defined in Schedule 1 have the meaning given to them by that Schedule. |
| (2) | The Environmental Planning and Assessment Model Provisions 1980, except for any expressions that are defined in Schedule 1, are adopted for the purposes of this plan. |
| (3) | Notes included in this plan do not form part of the plan. |
2001 No 302
| Clause 7 | Bankstown Local Environmental Plan No 213—Bankstown Central Business District |
| Part 2 | Zoning |
| Division 1 | General zoning provisions |
Part 2 Zoning
| Division 1 | General zoning provisions |
7 Zones of Bankstown CBD
For the purposes of this plan, land to which this plan applies is within
one of the following zones as identified on the zoning map:
CBD Residential 2 (c) Zone
CBD Commercial 3 (a) Zone
Special Uses 5 Zone
Public Open Space 6 (a) (Existing and Proposed) Zone
Private Open Space 6 (b) Zone
8 Effect of zone objectives
The consent authority, in considering a development application, must have regard to the objectives of the zone in which the development is proposed to be carried out.
| Division 2 | CBD Residential 2 (c) Zone |
9 Objectives of the CBD Residential 2 (c) Zone
The objectives of the CBD Residential 2 (c) Zone are:
| (a) | to identify those areas within Bankstown CBD suitable for residential development only, and |
| (b) | to protect the residential amenity of those areas. |
10 Development within the CBD Residential 2 (c) Zone
|
| (a) | development identified in DCP 35, |
Note. See Schedule 1 to DCP 35.
2001 No 302
| Bankstown Local Environmental Plan No 213—Bankstown Central | Clause 10 |
| Business District | |
| Zoning | Part 2 |
| CBD Residential 2 (c) Zone | Division 2 |
| (b) | development for the purpose of the following: | |||
|
| (2) | The following development in the CBD Residential 2 (c) Zone may not be carried out except with development consent: | |
|
(i) aged or disabled persons’ housing,
(ii) child care centres,
(iii) dual occupancies,
(iv) dwelling-houses,
(v) places of public worship,
(vi) motels,
(vii) professional consulting rooms,
(viii) public utility undertakings,
(ix) residential flat buildings,
(x) serviced apartments,
(xi) villas,
| (b) | subdivision, |
| (c) | demolition. |
Note. See also Schedule 2 to DCP 35 (complying development). Section 76A of the Act provides that development consent in relation to complying development may be obtained by the issue of a complying development certificate.
| (3) | The following development is prohibited in the CBD Residential 2 (c) Zone: development that is not referred to in subclause (1) or (2). |
| Division 3 | CBD Commercial 3 (a) Zone |
11 Objectives of the CBD Commercial 3 (a) Zone
The objectives of the CBD Commercial 3 (a) Zone are:
| (a) | to link the three key retail precincts (Bankstown Square, the Compass Centre block, and the Town Centre Plaza) and ensure a broad range of consumer choice, and |
| (b) | to permit a diversity of uses to reinforce the multi-use character of Bankstown CBD, and |
2001 No 302
| Clause 11 | Bankstown Local Environmental Plan No 213—Bankstown Central Business District |
| Part 2 | Zoning |
| Division 3 | CBD Commercial 3 (a) Zone |
| (c) | to ensure the scale and density of development complements the desired future character of each precinct and its location in the centre, and |
| (d) | to define the parameters for retail activities within the centre, and |
| (e) | to encourage the development of offices and other commercial activities in the CBD and promote the centre as a place for employment. |
12 Development within the CBD Commercial 3 (a) Zone
|
| (a) | development identified as exempt development in DCP 35, |
Note. See Schedule 1 to DCP 35.
| (b) | development for the purpose of the following: | |||
|
(2) The following development may not be carried out in the CBD
Commercial 3 (a) Zone except with development consent: development that is not referred to in subclause (1) or (3).
Note. See also Schedule 2 to DCP 35 (complying development). Section 76A of the Act provides that development consent in relation to complying development may be obtained by the issue of a complying development certificate.
| (3) | The following development is prohibited in the CBD Commercial 3 (a) Zone: development for the purpose of the following: | |||||||||||||||
|
2001 No 302
| Bankstown Local Environmental Plan No 213—Bankstown Central | Clause 12 |
| Business District | |
| Zoning | Part 2 |
| CBD Commercial 3 (a) Zone | Division 3 |
(i) road transport terminals,
| (j) | sawmills, |
| (k) | stock and sale yards. |
| Division 4 | Special Uses 5 Zone |
13 Objectives of the Special Uses 5 Zone
The objectives of the Special Uses 5 Zone are:
| (a) | to identify land owned, used or required to be used by or under the authority of a public authority or for another semi-public purpose, and |
| (b) | to provide for a range of special uses such as schools, civic buildings and parking stations, and |
| (c) | to reserve land for special purposes such as future car parking stations and road widening to facilitate public acquisition and protect these sites from inappropriate development, and |
| (d) | to ensure that in relation to land used for railway purposes, railway uses have an adequate site area and are buffered from adjacent development where appropriate. |
14 Development within the Special Uses 5 Zone
|
| (a) | development identified as exempt development in DCP 35, |
Note. See Schedule 1 to DCP 35.
| (b) | development for the purpose of the following: | |||
|
| (2) | The following development may not be carried out in the Special Uses 5 Zone except with development consent: | |||
|
(i) advertising and advertising structures on railway land,
(ii) bus stations,
2001 No 302
| Clause 14 | Bankstown Local Environmental Plan No 213—Bankstown Central Business District |
| Part 2 | Zoning |
| Division 4 | Special Uses 5 Zone |
(iii) communication devices,
(iv) community use of schools,
(v) drainage,
(vi) open space,
(vii) public buildings,
(viii) public car parks,
(ix) public utility undertakings,
(x) refreshment rooms on railway land,
(xi) roads,
(xii) shops on railway land,
| (c) | subdivision, |
| (d) | demolition. |
Note. See also Schedule 2 to DCP 35 (complying development). Section 76A of the Act provides that development consent in relation to complying development may be obtained by the issue of a complying development certificate.
| (3) | The following development is prohibited in the Special Uses 5 Zone: development that is not referred to in subclause (1) or (2). |
15 Railway land
Subject to clause 22, railway land within the Special Uses 5 Zone may, with the consent of the consent authority, be used for any purpose authorised by that consent.
| Division 5 | Public Open Space 6 (a) (Existing and Proposed) Zone |
16 Objectives of the Public Open Space 6 (a) (Existing and Proposed) Zone
The objectives of the Public Open Space 6 (a) (Existing and Proposed)
Zone are:
| (a) | to ensure the provision of adequate and appropriately located public open space for active and passive recreation, and |
| (b) | to improve the linkages between activities by creating appropriate pathways and open space corridors. |
2001 No 302
| Bankstown Local Environmental Plan No 213—Bankstown Central | Clause 17 |
| Business District | |
| Zoning | Part 2 |
| Public Open Space 6 (a) (Existing and Proposed) Zone | Division 5 |
17 Development within the Public Open Space 6 (a) (Existing and Proposed) Zone
(1) The following development may be carried out in the Public Open Space 6 (a) (Existing and Proposed) Zone without development consent:
| (a) | development identified as exempt development in DCP 35, |
Note. See Schedule 1 to DCP 35.
| (b) | development in accordance with a plan of management adopted under the Local Government Act 1993 and not identified in subclause (2), | |||
| (c) | development for the purpose of the following: | |||
|
| (2) | The following development may not be carried out in the Public Open Space 6 (a) (Existing and Proposed) Zone except with development consent: | |
|
(i) advertisements incidental or ancillary to another permitted use,
(ii) buildings used for cultural activities, landscaping and gardening, or recreation facilities,
(iii) kiosks,
(iv) public buildings,
(v) public utility undertakings,
(vi) refreshment rooms,
| (b) | subdivision, |
| (c) | demolition. |
Note. See also Schedule 2 to DCP 35 (complying development). Section 76A of the Act provides that development consent in relation to complying development may be obtained by the issue of a complying development certificate.
| (3) | The following development is prohibited in the Public Open Space 6 (a) (Existing and Proposed) Zone: development that is not referred to in subclause (1) or (2). |
2001 No 302
| Clause 18 | Bankstown Local Environmental Plan No 213—Bankstown Central Business District |
| Part 2 | Zoning |
| Division 6 | Private Open Space 6 (b) Zone |
| Division 6 | Private Open Space 6 (b) Zone |
18 Objectives of the Private Open Space 6 (b) Zone
The objectives of the Private Open Space 6 (b) Zone are:
| (a) | to ensure the provision of adequate and appropriately located private open space for active and passive recreation, and |
| (b) | to provide a broad choice in recreational activities and ensure that private open spaces are enhanced with appropriate recreational facilities. |
19 Development in the Private Open Space 6 (b) Zone
|
| (a) | development identified as exempt development in DCP 35, |
Note. See Schedule 1 to DCP 35.
| (b) | development for the purpose of the following: maintenance works. |
| (2) | The following development may not be carried out in the Private Open Space 6 (b) Zone except with development consent: | |
|
(i) advertisements incidental or ancillary to another permitted use,
(ii) buildings used for cultural activities, landscaping and gardening, or recreation facilities,
(iii) drainage,
(iv) kiosks,
(v) landscaping,
(vi) refreshment rooms,
(vii) roads,
| (b) | subdivision, |
| (c) | demolition. |
Note. See also Schedule 2 to DCP 35 (complying development). Section 76A of the Act provides that development consent in relation to complying development may be obtained by the issue of a complying development certificate.
2001 No 302
| Bankstown Local Environmental Plan No 213—Bankstown Central | Clause 19 |
| Business District | |
| Zoning | Part 2 |
| Private Open Space 6 (b) Zone | Division 6 |
| (3) | The following development is prohibited in the Private Open Space 6 (b) Zone: development that is not referred to in subclause (1) or (2). |
2001 No 302
| Clause 20 | Bankstown Local Environmental Plan No 213—Bankstown Central Business District |
| Part 3 | Floor space ratios |
Part 3 Floor space ratios
20 Objectives for floor space ratio controls
The objectives for the control of floor space ratios in Bankstown CBD
are:
| (a) | to control the scale, bulk, and intensity of development on a site, and |
| (b) | to provide an incentive for key sites within Bankstown CBD to be redeveloped, and |
| (c) | to regulate the density of development and the generation of vehicular and pedestrian traffic. |
21 Maximum floor space ratios
| ||||
| (3) Despite subclause (1), a mixed commercial and residential development (comprising ground level commercial use and remaining levels residential use), is permitted on a consolidated parcel of lots 1–5, DP 309748, Nos 1–3 Sir Joseph Banks Street, and Nos 31–35 Rickard Road, Bankstown, with a maximum floor space ratio of 2:1. |
2001 No 302
| Bankstown Local Environmental Plan No 213—Bankstown Central | Clause 22 |
| Business District | |
| Special provisions | Part 4 |
| Part 4 Special provisions |
22 Development by public authorities
(1) The following may be carried out on land without development
consent:
| (a) | the use of existing buildings of the Crown by the Crown, and |
| (b) | development of any description specified in Schedule 2. |
(2) Clause 35 of and Schedule 1 to the Environmental Planning and Assessment Model Provisions 1980 do not apply to land to which this plan applies.
23 Consent for minor works
Development by or on behalf of the Council for the purpose of the following may be carried out on any land without development consent:
| (a) | provision of street furniture, such as benches, bollards, Council information signs, public artwork installations, street lights, bus shelters, telephone kiosks and the like, |
| (b) | minor improvements to footpaths and other public pedestrian areas, such as tree planting and repaving, |
| (c) | street resurfacing, reconstruction of kerbs, footpaths, gutters and the like. |
24 Provision of water supply and sewerage
The Council must not grant consent to development on any land for the purpose of commercial premises or a residential flat building unless the Council is of the opinion that arrangements satisfactory to Sydney Water Corporation have been made for the provision of water supply and sewerage services to that land.
25 Consent for temporary use of land
(1) Despite any other provision of this plan, the consent authority may grant consent to the carrying out of development for any purpose for a temporary use.
|
2001 No 302
| Clause 25 | Bankstown Local Environmental Plan No 213—Bankstown Central Business District |
| Part 4 | Special provisions |
(3) In this clause, temporary use means a use, not being designated development, carried out for a period of not more than 28 days, whether consecutive or non-consecutive, in any one year.
26 Special subdivision provisions
(1) Subdivision of a building under the Strata Schemes (Freehold Development) Act 1973 or the Strata Schemes (Leasehold Development) Act 1986 by a strata plan or strata plan of subdivision does not require development consent if the subdivision creates lots that were illustrated in the plans that accompanied the application for development consent for the building and designated in those plans as being intended for separate occupation.
|
27 Suspension of covenants
(1) Any covenant, agreement or instrument that restricts or prohibits development does not apply to the development, to the extent necessary to allow that development to be carried out in accordance with this plan or a consent granted under the Act.
|
28 Access to an arterial road
(1) Despite any other provision of this plan, development on land that adjoins an arterial road and that provides for vehicular access to the land from that road must not be carried out except with development consent.
(2) The Council must not consent to a development referred to in subclause (1) unless:
| (a) | vehicular access is made or to be made by way of another road (not being a state road), or |
| (b) | in the opinion of Council, it is not practicable to provide alternative access to the land by another road or a proposed road identified in a development control plan. |
2001 No 302
| Bankstown Local Environmental Plan No 213—Bankstown Central | Clause 28 |
| Business District | |
| Special provisions | Part 4 |
(3) Before determining a development application that provides for vehicular access to an arterial road, the Council must:
| (a) | give notice of the development application to the Roads and Traffic Authority, and |
| (b) | take into account any submissions that are made by the Roads and Traffic Authority in relation to the development application within the time specified by the Council in the notice. |
(4) In this clause:
state road means a main road, state highway, freeway or tollway
within the meaning of the Roads Act 1993.
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| Schedule 1 | Definitions |
| Schedule 1 | Definitions |
(Clause 6)
advertisement means a sign, notice, device or representation in the nature of an outdoor advertisement visible from any public place or public reserve.
advertising structure means a structure used or to be principally used
for the display of an advertisement.
amusement centre means a building or place (not being a hotel or
pub) used principally for playing:
| (a) | billiards, pool, or other like games, or |
| (b) | electrically or mechanically operated amusement devices, such as pinball machines, video games and the like. |
appointed day means the day on which this plan takes effect. Bankstown CBD means the land to which this plan applies. boarding-house includes a house let in lodgings or a hostel but does
not include a motel.
brothel means premises habitually used for the purposes of
prostitution, or that are designed for that purpose, even if used by only
one prostitute for the purposes of prostitution.
bus station means a building or place used as a terminal for the
assembly and dispersal of passengers travelling by bus.
child care centre means a building or place that is used (whether or
not for profit) for the purpose of educating, minding or caring for
children (whether or not any of the children are related to the owner or
operator), but only if the following conditions are satisfied:
| (a) | the children number 6 or more, are under 6 years of age, and do not attend a government school, or a registered non-government school, within the meaning of the Education Act 1990, and |
| (b) | the building or place does not provide residential care for any of the children (other than those related to the owner or operator). |
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| Definitions | Schedule 1 |
commercial premises means a building or place used as an office or for other business or commercial purposes, but does not include a building or place elsewhere specifically defined in this Schedule or a building or place used for a purpose elsewhere specifically defined in this Schedule or a roadside stall.
communication device means a satellite communication dish or similar structure, or a television antenna or radio transmission mast or aerial, with a maximum dimension of no more than 5 metres.
Council means the Council of the City of Bankstown.
DCP 31 means Development Control Plan (DCP) No 31: Residential
Development Standards as adopted by the Council on 7 November
2000.
DCP 35 means Development Control Plan (DCP) No 35:
Development System DCP as adopted by the Council on 27 October
2000.
dual occupancy means two attached dwellings (with a single common
wall) or two detached dwellings on a single allotment where both
dwellings are constructed in accordance with DCP 31.
dwelling means a room or suite of rooms occupied or used or so
constructed or adapted as to be capable of being occupied or used as
a separate dwelling.
dwelling-house means a building containing one but not more than
one dwelling.
educational establishment means a building used as a school, college,
technical college, academy, lecture hall, gallery or museum, but does
not include a building used wholly or principally as an institution or
child care centre.
floor space includes all wall thicknesses, ducts, vents, staircases and
lift wells, but does not include:
| (a) | any car parking space in a building, being a space provided to meet the standards required by the Council (but not car parking space provided in excess of those standards), or any internal access to any such car parking space, or |
| (b) | space used for the loading or unloading of goods, or |
| (c) | lift towers, cooling towers, machinery and plant rooms and any related storage space. |
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| Schedule 1 | Definitions |
floor space ratio means the ratio of the floor space area of all buildings
on a site to the site area.
floor space ratio map means the map marked Bankstown Local
Environmental Plan 213—Floor Space Ratio Map.
frontage means the width of a lot at the street alignment.
hotel means premises, licensed under the Liquor Act 1982 to sell
liquor, which provide accommodation consisting of more than 20
rooms or self-contained suites for guests that are rented or hired on a
short-term basis without a residential tenancy agreement within the
meaning of the Residential Tenancies Act 1987.
industry means:
| (a) | any manufacturing process within the meaning of the Factories, Shops and Industries Act 1962, or |
| (b) | the breaking up or dismantling of any goods or any article for trade, sale, or gain or as ancillary to any business, |
but does not include an extractive industry.
institution means:
| (a) | a building used wholly or principally as a home or other establishment for mentally incapacitated persons, |
| (b) | a mental hospital, or |
| (c) | a penal or reformative establishment. |
motel means a building (other than a hotel, boarding-house or residential flat building) substantially used for the overnight accommodation of travellers and the vehicles used by them, whether or not the building is also used in the provision of meals to those travellers or the general public.
parking space includes any garage or court available for use by motor
vehicles.
place of public assembly means a public hall, theatre, cinema, music
hall, concert hall, dance hall, open-air theatre, drive-in theatre, music
bowl or any other building of a like character used as such and whether
used for the purposes of gain or not, but does not include a place of
public worship, an institution or an educational establishment.
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| Definitions | Schedule 1 |
place of public worship means a church, chapel, synagogue, temple or other place of public worship or religious instruction or place used for the purpose of religious training.
primary frontage means the shortest frontage where a lot has two or
more frontages.
professional consulting rooms means a room or a number of rooms
forming part of, or attached to, or within the curtilage of, an existing
or proposed dwelling-house and used or intended for use at any one
time by one legally qualified medical practitioner, or by one dentist
within the meaning of the Dentists Act 1989, or by one health care
professional, who practises his or her profession as a sole practitioner
or in partnership with not more than one other such medical
practitioner, dentist or health care professional, and who employs not
more than one employee in connection with that practice.
pub means premises specified in a hotelier’s licence granted under the
Liquor Act 1982 that do not comprise a hotel.
public building means a building used as offices or for administrative
or other like purposes by the Crown, a statutory body, a Council or an
organisation established for public purposes.
public car park means any land or space in a building used for
accommodating parked vehicles on payment of a fee, but does not
include a pay parking space (as prescribed by the regulations under the
Road Transport (Safety and Traffic Management) Act 1999).
public utility undertaking means any undertaking carried on by, or
under the authority of, any Government department or agency, or
pursuant to any Commonwealth or State Act, for the purpose of:
| (a) | railway, light railway, road, water, or air transport, or wharf or river undertakings, or |
| (b) | the provision of sewerage or drainage services, or |
| (c) | the supply of water, hydraulic power, electricity or gas, or |
| (d) | telecommunications facilities. |
railway land means land marked “railway” on the zoning map.
recreation facility means a building or place used for indoor
recreation, including a billiard saloon, table tennis centre, squash court,
swimming pool, gymnasium, health studio and bowling alley, whether
used for the purpose of gain or not, but does not include a place of
public assembly.
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| Schedule 1 | Definitions |
refreshment room means a restaurant, café, tea room, eating house or
the like.
residential flat building means dwellings constructed above each other
(including dwellings attached to a shop or office) with shared parking
and/or access arrangements and shared communal open space instead
of or as well as private open space.
serviced apartments means a building containing two or more
self-contained dwellings:
| (a) | which are used to provide short-term accommodation, but not subject to residential tenancy agreements within the meaning of the Residential Tenancies Act 1987, and |
| (b) | which are serviced or cleaned by the owner or manager of the apartments or the owner’s or manager’s agents. |
shop means a building or place used for the purpose of selling, exposing or offering for sale by retail goods, merchandise or materials, but does not include a building or place elsewhere specifically defined in this Schedule, a building or place used for a purpose elsewhere specifically defined in this Schedule or a roadside stall.
site area, in relation to an allotment of land the subject of an application for consent under this plan, means the area of that land, excluding any land on which the development to which the application relates is not permitted by or under this plan.
storey means a space within a building that is situated between one floor level and the floor level next above, or if there is no floor above, the ceiling or roof above. It does not include a room contained wholly within the roof space or a space containing only storage, sanitary facilities or a parking area contained wholly within a basement that is substantially below the natural ground level.
the Act means the Environmental Planning and Assessment Act 1979. utility installation means a building or work 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. villas means three or more dwellings of one or two storeys in height, each sharing part of a site for access or open space or site facilities.
zoning map means the map marked Bankstown Local Environmental Plan No 213—Zoning Map, as amended by the maps marked as follows:
2001 No 302
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| Development by public authorities | Schedule 2 |
| Schedule 2 | Development by public authorities |
(Clause 22)
1 Rail transport
The carrying out by persons carrying on railway undertakings on land comprised in their undertakings of:
| (a) | any development required in connection with the movement of traffic by rail, including the construction, reconstruction, alteration, maintenance and repair of ways, works and plant, and |
| (b) | the erection within the limits of a railway station of buildings for any purpose, |
but excluding:
| (c) | the construction of new railways, railway stations and bridges over roads, and |
| (d) | the erection, reconstruction and alteration of buildings for purposes other than railway undertaking purposes outside the limits of a railway station and the reconstruction or alteration of railway stations or bridges so as materially to affect their design, and |
| (e) | the formation or alteration of any means of access to a road, and |
| (f) | the erection, reconstruction and alteration of buildings for purposes other than railway purposes where such buildings have direct access to a public place. |
2 Water, sewerage, drainage, electricity and gas
The carrying out by persons carrying on public utility undertakings, being water, sewerage, drainage, electricity, or gas undertakings, of any of the following development, being development required for the purpose of their undertakings:
| (a) | development of any description at or below the surface of the ground, |
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| Schedule 2 | Development by public authorities |
| (b) | the installation of any plant inside a building or the installation or erection within the premises of a generating station or substation established before the appointed day of any plant or other structure or erections required in connection with the station or substation, | |||
| (c) | the installation or erection of any plant or other structures or erections by way of addition to or replacement or extension of plant or structures or erections already installed or erected, including the installation in an electrical transmission line of substations, feeder-pillars or transformer housing, but not including the erection of overhead lines for the supply of water, or the installation of substations, feeder-pillars or transformer housings of stone, concrete or brickworks, | |||
| (d) | the provision of overhead service lines in pursuance of any statutory power to provide a supply of electricity, | |||
| (e) | the erection of service reservoirs on land acquired or in the process of being acquired for that purpose before the appointed day, provided reasonable notice of the proposed erection is given to the Council, | |||
| (f) | any other development except: | |||
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3 Road transport
The carrying out by persons carrying on utility undertakings, being road transport undertakings, on land comprised in their undertaking, of any development required in connection with the movement of traffic by roads, including the construction, reconstruction, alteration, maintenance and repair of buildings, works and plant required for that purpose, except:
| (a) | the erection of buildings and the reconstruction or alteration of buildings so as materially to affect their design or external appearance, or |
| (b) | the formation or alteration of any means of access to a road. |
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| Development by public authorities | Schedule 2 |
4 Roads
The carrying out of any development required in connection with the construction, reconstruction, improvement, maintenance or repair of any road, except the widening, realignment or relocation of such road.
5 Water resources
The carrying out or causing to be carried out by the Council when engaged in flood mitigation works or by the Department of Land and Water Conservation of any work for the purposes of soil conservation, irrigation, afforestation, reafforestation, flood mitigation, water conservation or river improvement in pursuance of the provisions of the Water Act 1912, the Irrigation Act 1912, the Farm Water Supplies Act 1946, or the Rivers and Foreshores Improvement Act 1948, except:
| (a) | the erection of buildings, the installation or erection of plant or other structures or erections and the reconstruction or alteration of buildings so as materially to affect their design or external appearance, or |
| (b) | the formation or alteration of any means of access to a road. |
BY AUTHORITY
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